Bill S-10 (Historical)

Penalties for Organized Drug Crime Act

An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts

This enactment amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis (marihuana) production and to reschedule certain substances from Schedule III to that Act to Schedule I.
As well, it requires that a review of that Act be undertaken and a report submitted to Parliament.
The enactment also makes related and consequential amendments to other Acts.

Justice

[Daniel Petit, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I thank my colleague for his excellent question.

As members know, our Conservative government understands the regions of Quebec and takes action on their behalf. That is why we introduced Bill S-10 to impose minimum penalties for individuals who sell drugs to our children near school grounds.

Unfortunately, the leader of the Bloc and his leftist urban elite are against that. They would rather see criminals out on our streets. Fortunately, our Conservative government shares the values of Quebeckers in all the regions. Our government continues to defend them and not to defend the rights of criminals, as the Bloc is doing.

[Richard Nadeau, Bloc, Gatineau, QC]

We also have the information for Bill S-10.

Mr. Minister, my question has to do with Bill C-5, which pertains to the international transfer of Canadian inmates. I wanted to know whether you had an analysis similar to what was done in the previous two cases.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Do you want Bill S-7 or Bill S-10? You did mention both, to be fair.

[Richard Nadeau, Bloc, Gatineau, QC]

Thank you very much, Mr. Chair.

My question is for Mr. Toews, Minister of Public Safety. On Bill S-7, which seeks to deter terrorism, the documentation provided yesterday contains an analysis of the reallocation of money for the department of foreign affairs. That is what it says, it's done.

As for Bill S-10, which also pertains to public safety, there are costing details affecting foreign affairs, among others. That bill, by the way, has to do with trafficking in a controlled drug or substance.

I want to know whether an analysis was done on the additional costs the department of foreign affairs would have to incur under Bill C-5 for the international transfer of Canadian inmates abroad.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Thank you very much.

I'm here before this committee to provide additional information and to respond to questions regarding the cost implications of key bills that are critical elements of our law and order agenda. The cost implications to the federal government were of course a consideration as we developed these bills. It's my hope that by being here today with my honourable colleague Vic Toews, the Minister of Public Safety, in addition to providing further information as requested, we can move forward with these reforms.

I hope that honourable members will come to agree that these bills and the accompanying investments are essential to updating our laws and improving our justice system. Most importantly, our bills aim to hold offenders more accountable for their actions and increase Canadians' confidence in our criminal justice system, a system that is envied throughout the world.

I would note, as the information that has been provided indicates, that several of the bills in question do not have cost implications for government. For those that do, we have offered additional information to further explain the cost estimates.

As members know, the motion of the Standing Committee on Finance sought particular information from the relevant departments about specific crime bills. On February 17 our government tabled a document in Parliament to respond to the motion. This document indicated each bill that had cost implications and the overall costs attributed to the identified departments or agencies, broken down by year for a five-year period. The document also noted which bills do not have cost implications and briefly explained why that was the case. The government's intention has always been to comply with the request and provide the information concerning the costs.

We are committed to working with members of Parliament to ensure respect for the role of Parliament, and in keeping with this approach the government respects the Speaker's ruling with respect to the information provided on February 17. Therefore, today we have provided to you detailed information regarding each bill that was referred to in the motion. That information includes a description of the bill, as the elements of the bill are the starting point in assessing whether there are cost implications and the nature of the costs.

I would repeat again that for many of these bills there are no costs, and where this is the case, it is explained.

On the other hand, for some bills there is detailed cost information. For example, for our Bill S-10, our legislation to tackle serious drug crimes, the cost information includes the anticipated impact on the RCMP, the Office of the Director of Public Prosecutions, the Correctional Service of Canada, and others. Each of these agencies based the cost estimates on relevant factors, experience, and assumptions. But as I stated earlier, this level of detail does not exist for all bills, and this is not due to the government's omission or lack of willingness to share the information, but simply because financial impacts are not expected.

Finally, before I wrap up my remarks I would like to share the following with honourable members. In my four years as Minister of Justice I've had the opportunity to criss-cross our country many times to meet with police, Canadians, and victims whose lives have been forever altered or devastated by crime. From across this country the message I have heard has been the same: Canadians want laws that are effective, that hold criminals accountable and responsible for their actions, and that give victims a voice in our justice system.

Our government has heard this message loud and clear. That is why our justice agenda aims at updating our laws to ensure greater truth in sentencing. Like Canadians, we want to see that the punishment fits the crime and that our justice system delivers justice. Victims and law-abiding Canadians understand that there is a cost to crime, whichever way you look at it. They understand that from prevention programs to rehabilitation, treatment, support for victims, and costs associated with keeping criminals off our streets, crime costs money.

They also understand that letting dangerous criminals roam our streets also costs money. We pay a high price, as a society, when some of these individuals are allowed to roam free. In fact, Canadians know all too well exactly what the costs of crime are. There are many terrible examples, too many to list, and Canadians are troubled, and rightly so, when they see that the severity of the punishment does not fit the severity of the crime. They can lose faith in our criminal justice system when the rights of victims are not respected.

That's when they look to us, their representatives in Parliament, and rightly ask, what are you doing to fix this? As parliamentarians, it's our responsibility to update our criminal laws and to work to improve our justice system to catch up with the bad guys, at the very least, and to ensure that justice is rendered. Our record speaks for itself. Under the leadership of Prime Minister Harper, our government has taken serious measures to get tough on crime and to better protect Canadians, and we will continue to make decisions based on what is needed in order to protect the rights of victims and make our communities safer.

Colleagues, I seek your support for our justice and public safety agenda, and I hope that the information we have provided to you today regarding these cost implications will assist you in your analysis.

Thank you very much.

Business of the House

[John Baird, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, before I respond to the member's question, I would like to, on behalf of the government, add my voice to the voices of the member for Toronto Centre and the member for Winnipeg Centre who spoke about the passing of a distinguished member of the parliamentary press gallery, Jim Travers of The Toronto Star. He was a long-time member of the parliamentary press gallery and a former editor of the Ottawa Citizen. Jim would have been just 63 years old next month. His passing in the hospital was completely shocking and unexpected.

Jim was a top national journalist and a columnist who never was afraid to make his views known on the printed page and on the airwaves as a frequent guest on panel shows and talk radio. He was a passionate Canadian. He loved this country and he was incredibly committed to his craft. Canada has certainly lost a legend.

On behalf of all of us in this place, I offer our sincere condolences to Jim's wife Joan, his sons Patrick and Ben, and to the rest of his family and friends, and his colleagues especially from The Toronto Star who, I know, are deeply saddened by this loss, and, indeed, all of his colleagues in the parliamentary press gallery at this very difficult time. The thoughts and prayers of all Canadians are with Jim's family and many friends.

In terms of parliamentary business for the coming week, today we will continue debate on the NDP opposition motion. I thank my NDP counterpart, the member for Vancouver East, after our difference of opinion. We have worked to make Parliament work and we have come to an agreement that has been satisfactory to both sides. I also thank my opposition colleagues from Ottawa South and Joliette for their assistance and agreement in this matter.

Tomorrow, we will resume and hope to complete debate on Bill C-55, the enhanced new veterans charter that our colleague, the Minister of Veterans Affairs, has introduced. Following Bill C-55, we will move to call Bill C-60, An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons).

Next week, we will continue with the business on Friday and, in addition, we will call Bill C-20, the action plan for the National Capital Commission; Bill C-54, the child sexual offences; Bill C-8, the Canada–Jordan free trade agreement; Bill C-12, the democratic representation; Bill C-46, the Canada–Panama free trade agreement; Bill C-57, improving trade within Canada, brought forward by the Minister for Small Business; and Bill C-50, improving access to investigative tools for serious crimes, which is an important bill sponsored by our colleague, the Minister of Justice and Attorney General of Canada.

My friend from Ottawa South and the member for Vancouver East mentioned a solicitation for financial funds on parliamentary letterhead.

Mr. Speaker, as the chair of the Board of Internal Economy, I think it would be wise for you to place this issue before the Board of Internal Economy. There have been several complaints about opposition members soliciting campaign funds on government websites and perhaps the board could discuss that at the same time.

With respect to Bill S-10 and Bill C-49, we continue to make our case to Canadians and are working hard to convince the Liberal Party of the wrong decision it has made on these important piece of legislation. We will call for further debate in due course.

[David McGuinty, Liberal, Ottawa South, ON]

I will leave it with you, Mr. Speaker, and with my colleague across the floor.

I would ask the House leader what the business of the House is for the remainder of this week. There were some changes this week in terms of opposition days granted to the NDP. These were negotiations that were ongoing I understand between the government and the NDP.

I would also like to ask what the business is for next week?

We have been asking repeatedly, and Canadians want to know, where two other government bills are, Bill S-10 and Bill C-49.

New Democratic Party of Canada

[Randy Kamp, Conservative, Pitt Meadows—Maple Ridge—Mission, BC]

Mr. Speaker, the Ottawa NDP has an unblemished record when it comes to being soft on crime, and their opposition to Bill S-10 is just the latest example. Bill S-10 would crack down on grow-ops and traffickers but the NDP is standing in the way.

Just this week, two masked men broke into a home in Pitt Meadows looking to rip-off a grow-op. They held the occupants of the home at gun point. There was one problem. They had targeted the wrong house. This is the fear of every family living near a grow-op. Innocent people are put at risk when these criminal operations are allowed to flourish.

I recently received a letter from Mission residents who are living in fear in their own neighbourhood. They told me, “We need to change our laws. These criminals are laughing in our faces. Why can't we support our RCMP, our cities and our citizens?” Those are very good questions.

Our Conservative government will continue to stand up for law-abiding citizens and victims of crime. Why will the Ottawa NDP not do the same?

Anti-drug Strategy

[Daniel Petit, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, our priority is to fight crime and ensure the safety of our children in all regions of Quebec. Unfortunately, this priority is not shared by the Bloc and the leftist urban elite from the Plateau. That is why they voted against our Bill S-10.

This Conservative bill would ensure minimum sentences for criminals such as the one in Val-d'Or who sells drugs near schools. We hope that the Bloc will finally stop listening to its leftist urban elite friends from the Plateau and will listen to families in all regions who are asking for minimum sentences for the drug dealers who threaten our children.

Business of the House

[John Baird, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, with respect to Bill S-10 and Bill C-49, we will call them when the time is right and when we can get these important pieces of legislation passed by the House of Commons.

With respect to accelerated parole, we found the time was right this week to get that bill done. I want to thank all members of the House for their consideration, particularly those members who supported that important legislation to stop fraudsters, who steal $100 million from seniors' retirement savings, from only having to go to jail for one-sixth of their sentence. I want to thank all the members who supported that important legislation, particularly on third reading.

Today, we will continue with the Liberal opposition motion. We heard a great speech by the member for Wascana at the outset of this Parliament.

Tomorrow, we will call Bill C-42, the strengthening civil aviation security; Bill C-46, the Canada-Panama free trade bill; and Bill C-55, the enhanced new veterans charter, on which the Minister of Veterans Affairs has done a phenomenal job. I think there have been consultations with the parties, which is good news. We also will call Bill C-20, an action plan for the National Capital Commission. I know there has been a considerable amount of very non-partisan discussion among all the parties. We will have that bill at report stage and then third reading. There will be a few amendments and we have already had some discussion with some members on this.

Next week, as all members will know, is a week the House is not sitting. When the House returns on February 28, we will simply continue where we left off with the list of bills that I gave.

I am pleased to announce to our good friends in the new Democratic Party that Tuesday, March 1 shall be an allotted day.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, I would ask the government House leader if he might walk us through the balance of business in the House this week and, of course, what he is contemplating for next week.

In particular, many Canadians are asking where the government stands with two bills that it has been heralding now for months, Bill S-10, which we have yet to see debated in any sense in this House of Commons or at committee, and Bill C-49, which the government continues to talk about and the immigration minister and the Prime Minister keep referring to but we have yet to see.

We are anxious to improve the situation on both the law and order fronts for Canadians but also on immigration and refugee reform.

[Mark Holland, Liberal, Ajax—Pickering, ON]

I'm asking on Bill C-4, Bill C-5, Bill C-16, Bill C-17, Bill C-21, Bill C-22, Bill C-23B, Bill C-30, Bill C-35, Bill C-37, Bill C-38, Bill C-39, Bill C-43, Bill C-48, Bill C-49, Bill C-50, Bill C-51, Bill C-52, Bill C-53C-54, Bill C-59, Bill SS-6, Bill S-7, Bill S-10.

What are the costs? What are the head counts? What are the implications? Why won't you give them to Parliament?

Abolition of Early Parole Act

[Mark Holland, Liberal, Ajax—Pickering, ON]

Madam Speaker, it debases this House when a member, on a bill, says something so patently outrageous as to suggest that any member of this House from any party would not abhor violence against a child, particularly rape of a child. To hold that there is a person in this House who would not want jail time for a person who raped a child is reprehensible. To try to cast an aspersion on any member of this House in that way is despicable and debases this House.

I would say that this is how this argument has degenerated. It is not an honest exchange of ideas about how we can make our communities safer. Instead there is mudslinging, saying that certain members do not care about victims, certain members do not care about criminals. There is probably not a person in this House who has not been touched by violence, whose family members have not been touched by violence. I have stories within my own family that I will not touch on.

However, I can tell members that it brings us all deep pain, whether it happens in our lives, or it happens in the lives of the people we love, or it happens in the communities we serve. Every member of this House steps forward to try to reduce that pain, to try to find a way to reduce victimization and make our communities safe.

When we start a debate, we have to start with that premise, that every one of us comes to this place honestly wanting to make safer communities and better places, that every single one of us, while we may have different perspectives on how we achieve it, wants only the best for our country, for our children and for our communities.

When someone talks about not caring about somebody who has raped a child, when someone talks about somebody not caring about victims, it is such ridiculous, over-the-top hyperbole that turns off Canadians and makes them think that none of us really cares about the work we are doing in this House.

I have said it so many times before. I can respect that the hon. member or any other one disagrees with me, and that is their right, that the approach we are advocating on crime is one that they do not support. However, let us take a look at the facts, and let us come back to this bill.

This bill is about first-time non-violent offenders, but the Conservatives are talking about rape victims. This is what they try to do. We were dealing with the pardon issue and every single one of us in this House said, “Let's get together and make sure we shut down loopholes that allow somebody like Karla Homolka to get a pardon”. And yet, when we had concerns about the 18-year-old single mother who writes a cheque for groceries that is fraudulent and suddenly is going to be caught up in the bill and we said we had concerns with that and that we should have an honest discussion about it, what was the Conservatives' response? It was that the member for Ajax—Pickering wanted to let Karla Homolka get a pardon. It is so dishonest, so disingenuous and does such a disservice to the debate that it has to be called out.

On this bill, let us look at the history. While they are trying to vilify this party, the truth is the principal ideas contained at the heart of this bill, which is to go after large-scale fraudsters, were principles that we espoused years ago. In fact, as I mentioned in justice committee, we proposed ending the provisions that would allow somebody who committed large-scale fraud from getting an accelerated parole review. We proposed that a couple of years ago. The Conservatives voted against it at that time. We continued to advocate for that over the last number of years, but it did not go anywhere until the case of Mr. Lacroix.

Mr. Lacroix was released. There was an enormous amount of publicity in Quebec. The government was caught with its pants down and suddenly, it demanded action overnight, ”Let's go. No debate. Don't think about it. Don't you care about victims? This is urgent.”

The Conservatives stand here and talk about rape victims, demanding that we pass their legislation without debate, without discussion. They bring about closure motions when this is something we could have dealt with two years ago.

Those are the facts.

The concern I have with respect to this bill is that, unfortunately, it does not just deal with large-scale fraud. This bill, as it has now been presented, would eliminate the one-sixth accelerated provisions for all first-time non-violent offenders.

I would point to Correctional Services Canada's own documents. I said a lot of this yesterday but I think it bears repeating. Correctional Services' own document, when it explains the importance of the accelerated pardon review for first-time non-violent offenders, states that the main focus of the accelerated pardon review was to address public safety and reintegration by enabling Correctional Services Canada and the national parole board to focus their attention on dangerous offenders at a high risk of reoffending and that studies have shown there is a tendency for low-risk offenders to be negatively impacted by the prison experience.

What does that mean? It means that for first-time non-violent offenders, long periods of incarceration often turn those minor offenders into major offenders. It means they go in for a more minor crime and come out a major criminal ready to commit major crimes.

More than 90% of people who will walk into a prison will walk out. Fundamentally the question we have to ask is: Who do we want walking out that door? Do we want someone who is rehabilitated, who is ready to make a positive contribution to society, pay their taxes and be a good citizen, or someone who has become a hardened criminal?

I know the answer for me. I would look at evidence and I would suggest that all members do that. One of the questions I have asked repeatedly in the House is for Conservatives to give us the information these decisions are based on. Can they show a single jurisdiction anywhere in the world, where these types of policies of longer and longer incarcerations have been anything but a complete failure?

We are going to be debating Bill S-10 which would take someone who gave away a Tylenol 3 a mandatory minimum. Someone who has six marijuana plants in a dorm room and gives some to their roommate would be treated the same as a Hells Angels member who has 200 marijuana plants.

It is going to make our prisons replete with young people. The problem is that all this has been tried before. I have asked for examples of where these longer periods of incarceration for first-time non-violent offenders has led to anything but higher recidivism.

I point to the examples in California, Florida and other states, and also in the United Kingdom which walked this road for about 20 years. Their experience was that when first-time non-violent offenders had the period of time they were incarcerated extended, the prison population ballooned and the ability to provide rehabilitation was diminished. It becomes a deadly cycle. The more people there are, the fewer dollars there are to be able to make the people who are in the prison better. That money gets stretched and pulled. It means that as people come out, the rate at which they reoffend continues to go higher.

I will add this in because the Conservatives always say we do not talk about victims. I am amazed I have to make these connections for them, but I will. If there is less crime, there are fewer victims. If there is less recidivism, there are fewer victims. If there is a lower rate of reoffending when people walk out of a prison, that means there is going to be less crime and fewer victims.

In California this began feeding itself. It became bigger and bigger. Then it had to privatize its prisons and things got even worse. Double-bunking became triple-bunking. The recidivism rate, the rate of reoffending, was driven to over 70%. This means that for every 10 people who walked out of a prison in California, 7 would reoffend.

The impact on California was devastating and not only in terms of the fiscal impacts. California was in a situation where it was nearly bankrupt. It had no money for health care, education or infrastructure. And worse, its crime rate had gone up.

I hear many Conservative members saying how dare we question the cost, that we should absorb it no matter what the cost is. That might be an argument we could entertain if the facts did not show that at the same time these costs were soaring, crime rates were going up with it.

A most recent example is with two different states in the U.S., New York and Florida, which took two very different paths. New York focused on prevention, harm reduction and reducing victimization on the front end. Florida took the conservative path of longer periods of incarceration. In the example of New York, there was a 16% reduction in incarceration. In Florida, there was a 16% increase in incarceration. It went in the opposite direction on incarceration.

According to Conservative logic, Florida should have been nirvana. It should have seen its crime rates fall, victimization down and people cheering on the streets. The opposite happened. It was in fact New York which saw a reduction in its crime rate. It was in fact New York which saw fewer victims. It was in fact New York which saw far greater results. Florida saw its crime rate rise. Crime went up. If we are going to walk these paths, why can we not look at evidence and the facts and see where this is driving us?

In the United Kingdom, a new Conservative government was elected which is trying to undo what it calls a punishment agenda, failed policies very similar to what we see the Conservatives pursuing. That punishment agenda did not work. It drove crime rates up and robbed money from the treasury which could have been used for other priorities. That government is finding it enormously difficult to undo.

One of the cases, ironically, it is studying that it wants to emulate is Canada which simultaneously enjoys low rates of incarceration and a low crime rate. Yet we are running from that. In fact, when we look across the board, it is the Conservative Party of Canada that stands alone pursuing these policies. Countries in the rest of the world abhor them. They have looked at the disastrous failed attempts and said they cannot go there and will not do it again.

That is why this is not a debate in abstraction. This is not some clash of ideas with no precedent or where things have not been tried. This is something that has been proven. The evidence is in front of us, if we were only to look at it.

I read this yesterday, but the debate will continue for the next couple of days and it is worth mentioning. The father of these policies, Newt Gingrich, with a contract with America, led the whole punishment agenda and threw it out there saying that is the way it was going to solve crime. He has now repented all of that and said it was a complete and total failure that states need to run from.

In The Washington Post on January 7, 2011, he wrote:

There is an urgent need to address the astronomical growth in the prison population, with its huge costs in dollars and lost human potential. We spent $68 billion in 2010 on corrections--300% more than 25 years ago.

Think about that. When the Americans commenced this journey 25 years ago, their incarceration rate was 300 times lower. At that time, the rate of incarceration between Canada and the U.S. was fairly similar. Now the divide is enormous. He went on to state:

The prison population is growing 13 times faster than the general population. These facts should trouble every American.

It should be noted that while the rate of incarceration in the U.S. has climbed by 300% over that period, Canada's rate of incarceration has remained stable. Interestingly enough, our violent crime rate and other crime rates have been falling greater than or, in some cases, equal to the United States, despite the fact that we did not embark on this enormous cost of prisons, the $68 billion that the U.S. is spending on corrections.

Mr. Gingrich continued:

Our prisons might be worth the current cost if the recidivism rate were not so high, but, according to the Bureau of Justice Statistics, half of the prisoners released this year are expected to be back in prison within three years.

That is an American statistic. As I mentioned, in California it is even higher at 70%. The American statistic overall is 50%. It is hardly something we would want to emulate.

He continued:

If our prison policies are failing half of the time, and we know that there are more humane, effective alternatives, it is time to fundamentally rethink how we treat and rehabilitate our prisoners.

We can no longer afford business as usual with prisons. The criminal justice system is broken--

I will read one more excerpt because it is important.

Some people attribute the nation's recent drop in crime to more people being locked up. But the facts show otherwise. While crime fell in nearly every state over the past seven years, some of those with the largest reductions in crime have also lowered their prison population.

He cites the example I gave of New York and Florida as follows:

Put another way, although New York spent less on its prisons, it delivered better public safety.

When the person who invented this idea and really drove it as a political force in North American politics is abandoning it, is it not time to take a pause, think carefully about what we are doing and wonder if there is not a better way to ensure that we reduce victims and improve community safety?

On this bill in particular I have repeatedly asked some pretty basic questions, but have never received an answer. If the government is going to invoke closure and say we have to deal with things right away, it should have answers to these questions.

One question is cost. I can recall in this House the Minister of Public Safety saying that the cost of the two-for-one remand bill was going to be $90 million. I mentioned yesterday that I took that to the PBO as it did not sound right. As soon as he agreed to my request to do a study, that number changed overnight from $90 million to $2 billion. The minister said that, oops, he had made a mistake and it is $2 billion. What precipitated it? It was knowing the PBO was going to look at the books.

After eight months of study it was not $2 billion; it was $10 billion to $13 billion. That is one bill. We have 18 other bills on the table. How irresponsible would we be as a Parliament if we voted for things where we did not know the costs? To put a blindfold over our eyes and be asked to vote in the dark with no idea of the fiscal implications of what we are doing is the height of irresponsibility.

The second question that would be obvious to ask is: What data does the government have on the impact that this would have to make communities safer?

The speeches in the House from every party are about how we can make our communities safer. I have given all kinds of evidence from different jurisdictions about my concerns on eliminating the one-sixth provision for non-violent, first-time offenders who have not committed large-scale fraud.

I agree, if it is large-scale fraud, like those by Earl Jones or Mr. Lacroix, let us make sure we eliminate that. We could do that today. That is a debate that should have happened over two years ago.

However, I have asked for the evidence, the science, on which the government is basing the decision to eliminate this for all individuals. Show how that enhances public safety. Show how that reduces victimization. That information has not been forthcoming either because it does not exist or because the results are not very compelling.

I want to briefly mention that we have seen cuts to the RCMP white-collar task force which need to be restored if the government is honestly interested in going after white-collar crime. We have a lawful access bill that would empower police to go after information electronically that has been languishing in the House for years. We have cuts to the national police service on things like CPIC and the sex offender registry. There are all kinds of cuts that the government should be restoring.

We have seen more than a 70% cut to crime prevention and more than a 40% cut to the victims of crime. We saw the government's hand-picked victims ombudsman, Steve Sullivan, fired after he said the plan for victims is unbalanced and would not work.

I say to the government very earnestly, if it is honestly interested in victims, if it is honestly interested in community safety, there is a path that is evidence-based and involves restoring a lot of the cuts it has made. The most effective way to make communities safe is by stopping crime from happening in the first place.

[Paul Calandra, Conservative, Oak Ridges—Markham, ON]

Madam Speaker, it is a pleasure to speak to this motion, just another in a series of extraordinary justice legislation that has been brought forward by this government to restore balance to our justice system. I am pleased to rise today on behalf of the good people of Oak Ridges—Markham.

I want to take a moment to commend the hon. members who have already demonstrated their support for Bill C-59 and are ensuring that these important changes receive quick passage into law. Those hon. members are showing their commitment to ensuring the safety and security of our communities.

All offenders must be held accountable for the crimes they commit. Bill C-59 is all about accountability, about offenders serving appropriate sentences for the crimes committed. That is what we call justice.

Bill C-59 would ensure that all offenders will be treated equally, regardless of the nature of the crime they commit, when it comes to eligibility for parole. Currently, there is a distinction made between crimes committed with or without violence. Parole, in cases of non-violent crime, is presumptive, meaning that the Parole Board of Canada must automatically release the offender into the community under supervision unless it has reasonable grounds to believe that the offender will commit a violent offence if released.

That does not seem fair to me. Fraud and white-collar crimes must not have been committed with violence but the victims are harmed nonetheless. Lives are ruined, entire life savings are lost and the physical, psychological and emotional harm resulting from these crimes can be equally as devastating.

Can we honestly say that justice has been served when an offender who has received a sentence befitting the crime walks out of jail well before the sentence has been served? In essence, many victims are essentially re-victimized by the relatively short amount of time that offenders spend behind bars for their crimes.

Canadians have spoken loud and clear. They are outraged that the rights of offenders seem to be put ahead of the rights of law-abiding citizens. Our government is listening and we are taking the necessary action to crack down on crime and stand up for those who have been victimized. We are ensuring that victims' voices are heard and that their concerns are being addressed. Bill C-59 is just one step in that direction.

Our government has already introduced several initiatives that demonstrate our commitment to victims' rights. The federal victims strategy was introduced in 2006 to improve the experience of victims of crime in the criminal justice system. Since its creation, the government has committed over $50 million to this strategy. We created the Office of the Federal Ombudsman for Victims of Crime in 2007 to ensure that the federal government meets its responsibility to victims of crime.

Under our leadership, the truth in sentencing law was passed, which eliminates the two-for-one credit that offenders receive for time served in custody prior to sentencing. We have gotten tough on organized crime, including drug crime, with stiffer sentences and we have passed the Tackling Violent Crime Act, which better protects Canadians from those who commit serious and violent crimes.

In addition, we are facilitating access to EI benefits for family members of victims of crime and the right to unpaid leave for workers in federally regulated industries. The victim surcharge is also being made mandatory to provide better financial support to victim services.

There are several more examples I could give that demonstrate that this government is making victims' rights a priority, but now I want to turn to the accelerated parole review challenges, the very rights that we are working so hard to uphold. By allowing accelerated parole review to continue operating in the justice process, we are, in essence, undermining the rights of victims and trivializing the suffering that they may have suffered at the hands of their offenders.

The current system of accelerated parole review grants parole to offenders convicted of non-violent offences after serving only one-sixth of the sentence and full parole after serving just one-third. This means that a white-collar criminal who has received a sentence of 12 years would actually spend very little time in jail. With accelerated parole review, these offenders can be back in our communities on day parole in just two years and be on full parole in just four years.

The current system requires that the Correctional Service of Canada refers the case of offenders eligible for APR to the parole board. This is done before the offender's day parole eligibility date so that they can be released into the community as early as possible. Parole hearings are not held in these cases, as there is no requirement for the parole board to hold a hearing to determine whether offenders eligible for APR may be released on day parole and full parole.

I, like most Canadians, would expect that the decisions around parole for white collar criminals would entail more than a simple paper exercise. It does not work that way for violent offenders, so it should not work that way for fraudsters either. They should not simply be let out on day parole after serving one-sixth of their sentence, as they essentially now often are.

Other offenders must convince the parole board that they will comply with the law and the conditions of their release. These offenders must make their case at an actual hearing. Unfortunately, as it now stands, white collar offenders do not actually have to explain to anyone why they should be granted parole. They only have to go through a paper review with the parole board.

Compounding the problem, the parole board has no choice but to grant parole to an offender who is entitled to APR, except in those instances where the parole board believes the offender may commit a violent offence before the sentence is up.

This situation is unlike the one facing other offenders and, thankfully, Bill C-59 will put a stop to it.

Let us think about the current scenario again because it offends both me and many of my hon. colleagues in the House. Under the present law, only the prospect of an offender committing a violent offence will prevent that criminal from receiving automatic parole.

Those fraudsters, the ones who may have duped many and literally destroyed lives, will not be denied parole and will only serve a fraction of their time behind bars. Without grounds to believe a violent offence will be committed, the Parole Board of Canada simply has no other choice but to grant parole.

The special treatment afforded to these offenders has to end. All other offenders are subject to a very different standard, one that instills, rather than undermines, confidence in our justice system. Right now, for all other offences, the parole board has set criteria to guide its approach in deciding whether they grant or deny parole.

In these cases the parole board will assess whether an offender poses an insurmountable level of risk to commit any type of an offence if released. If that risk exists for any type of offence, parole is denied.

Let us not miss the importance of that principle; it is one that warrants repeating. With the troubling exception of white collar offenders, all other offenders are not granted parole if the parole board is convinced that any type of offence will be committed once a person is released, whether violent or not.

There are no justifiable grounds for the existing exception for white collar criminals. These are the offenders who have bilked many, washing out entire savings and crippling lives in the most extreme cases. These offenders must no longer enjoy the different standard they face under the current law. The scales of justice seem unfairly tilted in their favour.

This government has made it quite clear that it will not put the rights of any offender ahead of the rights of others. We will stay committed and remind ourselves of a few clear cases where these white collar criminals have benefited from the current APR system. These are cases that make us all question whether justice is being served.

The parole board simply does not have the discretion is so sorely needs in these cases. Bill C-59 would bring about that change, which is why I stand here in the House and turn to my hon. colleagues and ask them to ensure timely passage of this bill.

I for one feel compelled to see the changes proposed in Bill C-59 put into place so that we put victims first. In my riding of Oak Ridges—Markham, we have certainly not been immune from the scourge of white collar crime. Indeed, not long ago a fraudster was at work within my community. After being convicted of her crime, she spent very little in jail and was released back into the community and was quickly found to be in violation of her parole. The police had to track her down and put her back in jail.

I know this person's victims. They are from my small home town of Stouffville. I see the stress they have faced. As this continued to be in the local papers, I watched the person who committed these acts flaunting our current system. It is absolutely positively unacceptable that we have a current justice system that would allow people who commit this type of crime to walk our streets after serving only one-sixth of their sentence.

However, this speaks to the many different things that this government has done.

Of course, when we came into office in 2006, we found a criminal justice system that was tilted not toward the victims but more toward the perpetrators of these crimes. Since then we have been rebalancing our justice system. The Minister of Justice, the Minister of Public Safety and this government have focused on restoring balance to the justice system so that the victims of these crimes can feel that the government is truly working on their behalf to give them a system of justice they can be proud of and so that Canadians can understand that the government will always stand for them and the rights of victims before those of criminals.

There are so many different programs and justice bills that we have brought forward. We have Bill S-10, An Act to amend the Controlled Drugs and Substances Act, Bill C-4, An Act to amend the Youth Criminal Justice Act and Bill C-39. As I said, it is part of this government's focus to restore people's confidence in their justice system.

However, when we talk about Bill C-59, it is sometimes forgotten that it deals with incredibly serious crimes. There are fraudsters out in the communities who are seeking vulnerable people in a lot of instances and taking advantage of them and their life savings, the things they have worked so hard for their entire lives. Yet there are fraudsters out there who are doing this and who have no shame. Then the victims are victimized again when a court pronounces a sentence and then the person is released back into the community after serving only one-sixth of their sentence. That is clearly unacceptable to the people I represent in Oak Ridges—Markham. That should be unacceptable to every single member of this House.

It is unconscionable that we have had delays in getting this bill passed and have been spending so much time at committee on what should be a common sense bill. The people from my riding have been calling me and asking why it is taking us so long to deal with this. They do not want to hear about delays. They do not want to hear about the stalling tactics the opposition have been using to try to thwart the bill being passed. They want us to get it done and get it passed so that people will pay the price for the crimes they have committed. They do not want us to make a distinction that would have us treating the criminals better than the victims. They do not want to be re-victimized. They want to know that this government and the Parliament of Canada will stand up for victims' rights ahead of criminals. That is what this bill does; that is what all of the legislation we have brought forward does.

It is interesting that before the government operations committee, we had the head of the Correctional Service of Canada. He was asked if he had the resources required to keep convicted criminals in jail longer so that they could serve the sentences they had been given by the people of Canada. He of course said that he could continue to provide one of the best criminal justice systems in the world, a system that has been looked at by other nations as an example. He talked about the savings that he has been able to find within the correctional service by computerizing scheduling and finding other efficiencies so that he could put that money into keeping offenders in jail longer.

Therefore, I am pleased to support this. I hope that all of my opposition colleagues will join with the government in passing this bill so that the Canadian people can feel confident that the government, and Parliament and the people they elect are putting them first.

When I was asked to speak on this bill, the first thing that came to mind was the individuals in Stouffville who were victimized by this unscrupulous person who took them for thousands of dollars and was later found back on the streets with the exact same group she had used to abuse these people and take their money.

People call me and talk to me and send emails asking how this can be allowed to happen in Canada. How can we allow these victims to go through this time and time again? Why should their names be in the paper again? Why should they be re-victimized? Why can members not get their act together and pass this bill?

Canadians, the people in my riding of Oak Ridges—Markham, find it completely unacceptable that this bill has been stalled and delayed. They have sent me a very clear message to get the bill passed, get it through Parliament and start focusing on all the other crime legislation that has been brought forward in this House to restore balance to our criminal justice system. I am proud that I can do that, and I will be working with colleagues, at least on this side of the House, to make sure that all of those criminal justice issues are brought forward.

The delays to this particular piece of legislation and all of the legislation that we have been trying to get through this House speak to the sad reality of some individuals on the opposition benches who think more of their entitlements than they do of the people of Canada. If we were truly putting the Canadian people first, we would have passed this bill. We would not have spent a full day debating and talking about how we could delay this bill. It would have gone through committee.

In the government operations and estimates committee last week, we had an opposition witness who was talking about some of the crime legislation we had brought forward. It is something that stuck in my head as the father of two beautiful girls. The opposition was very happy with the group of witnesses before the committee. These witnesses did not support this government's agenda to keep violent criminals in jail. They did not support this government's agenda to keep white collar criminals in jail. They did not support our agenda to rebalance the Young Offenders Act. The opposition thought they had a great witness who would counter all of the arguments for keeping violent criminals in jail, but when the member for Peace River asked the witness whom the opposition had been so happy to bring forward, “Do you believe that people who rape children should be put into prison?“, that witness said, “Not necessarily.”

I know that members, at least on this side of the House, had to take a step back and make sure that the person truly understood the question. The member for Peace River asked again to make sure the witness has understood the question. The answer came back the same: “Not necessarily”.

Imagine having to go back to a riding and trying to explain that there are people in this House who support groups and organizations that do not feel that somebody who rapes or victimizes a child should necessarily go to jail. I can say that as a father of two, I found that completely unbelievable. I still find it unbelievable. It was testimony from a witness brought forward by the Liberal Party of Canada. It was jammed through committee in such a quick rush; they had to have this witness in front of the committee and now I know why.

When it comes to standing up for victims of crime, we can never rely on the Liberals to stand up for the victims. They will always find a way to stand up for the criminals, whether it be the member for Ajax—Pickering or others who tour our prisons and talk about how upset they are that the criminals are so demoralized in prison because they have a government that is getting tough on crime.

I can assure the residents of Oak Ridges—Markham that they have a member of Parliament who will always stand up for them. They have a member of Parliament who will always stand up for the victims of crime. I implore the opposition to once and for all vote the way their constituents are asking them to vote. Get tough on crime and do the right thing for victims.

Disposition of Abolition of Early Parole Act

[Alexandra Mendes, Liberal, Brossard—La Prairie, QC]

Mr. Speaker, I would like to participate in the debate on the motion to prevent debate on the content and substance of Bill C-59. I find it rather odd that the Bloc has supported the government's attempt to stifle any attempt at debate on the substance of this bill.

No one in the House can accuse the Liberals of not supporting the idea of eliminating parole eligibility after one-sixth of the sentence is served for economic crimes. Two years ago, my colleague from Bourassa, our candidate in Saint-Bruno—Saint-Hubert and our member for Lac-Saint-Louis participated in a press conference with several of Earl Jones' victims to call on the government to quickly bring forward a bill to eliminate parole eligibility after one-sixth of the sentence is served, especially for criminals who commit major fraud and have multiple victims.

No one can accuse the Liberals of not supporting that idea. I think it is really dishonest of the government to make that kind of accusation when it knows very well what the Liberals' position is. This was pointed out by my colleague from Notre-Dame-de-Grâce—Lachine.

Now I would like to talk about the debate and the fact that the Conservatives and the Bloc members want to limit the scope of the debate. Just seven months ago the members of the Bloc rose in the House to criticize the government for doing the exact same thing it is doing now with Bill C-59. The government moved a motion to block debate.

Last June, the member for Saint-Maurice—Champlain rose in the House to criticize the government for moving a motion to block debate on the Canada-Colombia Free Trade Agreement Implementation Act. The Bloc member for Hochelaga also rose to oppose a government motion to block debate on Bill C-9, the Jobs and Economic Growth Act, by imposing time allocation.

We are opposed to this time allocation motion because we believe that Bill C-59 addresses a very important issue. Furthermore, for two years now, the Liberals have been calling on the government to eliminate parole eligibility after one-sixth of the sentence is served for economic crimes like those committed by Earl Jones, Vincent Lacroix and others.

I think it is a shame that some would have people believe that the Liberals do not want to protect victims. That is simply not true. When the government introduced Bill C-21 on economic crimes and it was referred to committee, the Liberal justice critic proposed an amendment to the bill to eliminate eligibility for parole after one-sixth of the sentence in cases of economic crime. The Conservatives and the Bloc defeated the motion.

Every MP is entitled to his or her opinion on bills that we are called on to debate in the House. It is a fundamental aspect of the democratic process. The operative word here is “debate”, and the collusion between the Conservatives and the Bloc is preventing us from acting as responsible parliamentarians.

We would like to hear from experts. We want to know how this bill will truly address a gap in the law, how it will do justice to victims, how this bill will improve the chances of rehabilitation for those who once lost control of their lives.

Perhaps we should indeed eliminate parole after one-sixth of a sentence for offenders who have committed serious economic crimes and left a number of victims.

However, for non-violent criminal acts that are not fraud, we believe that evidence has shown that parole after one-sixth of a sentence has been very effective and that the rate of recidivism is much lower.

We will never know what the experts might have said since this closure motion eliminates any chance to consult experts. With this government so eager to control everything, it has become somewhat of a tradition to just pass a bill without any idea of the facts that might call it into question.

The Liberals are against this closure motion. It is not justified, and we regret that the Bloc has decided to join the Conservatives to limit the debate on this bill. As far as the substance of the bill is concerned, in the past and still today, no one could accuse the Liberals of not showing their support for eliminating parole after one-sixth of the sentence for economic crimes.

In order to illustrate the government's intellectual dishonesty, I would like to present a chronology of the Conservatives' failures in their so-called fight against crime.

I am referring here to the various bills that have died on the order paper for all sorts of reasons or that have remained in the House or at committee indefinitely.

Here they are. Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts, died on the order paper when Parliament was prorogued; Bill C-19, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions), died on the order paper before the House had a chance to vote on it; Bill C-26, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime), also died on the order paper. It is certainly not the opposition that forced the government to prorogue Parliament.

Bill C-31, An Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and to make a consequential amendment to another Act, died on the order paper, and Bill C-36, An Act to amend the Criminal Code, on the faint hope clause, died on the order paper before being brought back this session. One committee meeting was held on Bill C-46, An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, before it died on the order paper. Bill C-52, An Act to amend the Criminal Code (sentencing for fraud), which is related to Bill C-59, the bill we are dealing with today, died on the order paper when Parliament was prorogued. Bill C-58, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, died on the order paper. The prorogation of Parliament killed many bills.

Among the bills introduced by the Minister of Public Safety was Bill C-34, the Protecting Victims From Sex Offenders Act, which also died on the order paper. The bill to deter terrorism and to amend the State Immunity Act died on the order paper. Bill C-43, An Act to amend the Corrections and Conditional Release Act and the Criminal Code, died on the order paper. Bill C-47, An Act regulating telecommunications facilities to support investigations, died on the order paper. Bill C-53, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts, died on the order paper. Bill C-60, An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America, died on the order paper.

To date, no meetings have been held to discuss Bill C-16, An Act to amend the Criminal Code. Bill C-17, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions), was given first reading 51 days after Parliament was prorogued, and the committee still has not met to discuss that bill.

Bill C-21, An Act to amend the Criminal Code (sentencing for fraud), was fast-tracked at committee in just one meeting and still has not reached second reading. Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, was given first reading 64 days after Parliament was prorogued, and the government delayed it for 26 days at report stage because of the debate on the short title.

Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act, was given first reading 89 days after Parliament was prorogued, and we are still waiting for the next step. Bill C-50, An Act to amend the Criminal Code (interception of private communications and related warrants and orders), was given first reading after 94 days, and we are still waiting. First reading of An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act took place 243 days after Parliament was prorogued. Bill C-53, An Act to amend the Criminal Code (mega-trials), was given first reading and nothing more.

Bill C-54, An Act to amend the Criminal Code (sexual offences against children) only made it to first reading. Bill C-5, An Act to amend the International Transfer of Offenders Act was introduced at first reading by the Minister of Public Safety 15 days after prorogation. Two committee meetings were held and nothing has happened since. As for Bill C-23B, An Act to amend the Criminal Records Act and to make consequential amendments to other Acts, we are still waiting. After a few meetings on the subject, the minister was supposed to come back with amendments that he felt were necessary in order to make the bill more comprehensive and definitely more respectful. Bill C-39, An Act to amend the Corrections and Conditional Release Act and to make consequential amendments to other Acts was introduced for first reading 104 days after prorogation and we still have not met in committee to discuss it. Bill C-49, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act was introduced for first reading 232 days after prorogation and there it remains. Bill C-52, An Act regulating telecommunications facilities to support investigations was also introduced for first reading 243 days after prorogation and we are waiting for the next step. The Senate introduced Bill S-7, An Act to deter terrorism and to amend the State Immunity Act for first reading 49 days after prorogation and we are still waiting for the next step. Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts was introduced for first reading in the Senate 60 days after prorogation. Bill S-13, An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America was introduced for first reading 237 days after prorogation.

I am pointing this out to prove that it is not the opposition parties that are slowing the process down. For all sorts of unknown reasons, the government introduces these bill and then goes no further with them.

To conclude, I would like to question the justification for Bill C-59 and the fact that the Conservatives and the Bloc felt this was urgent enough to warrant this closure motion, which is an affront to parliamentary dialogue.