Safe Streets and Communities Act

An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 of this enactment creates, in order to deter terrorism, a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters. It also amends the State Immunity Act to prevent a listed foreign state from claiming immunity from the jurisdiction of Canadian courts in respect of actions that relate to its support of terrorism.
Part 2 amends the Criminal Code to
(a) increase or impose mandatory minimum penalties, and increase maximum penalties, for certain sexual offences with respect to children;
(b) create offences of making sexually explicit material available to a child and of agreeing or arranging to commit a sexual offence against a child;
(c) expand the list of specified conditions that may be added to prohibition and recognizance orders to include prohibitions concerning contact with a person under the age of 16 and use of the Internet or any other digital network;
(d) expand the list of enumerated offences that may give rise to such orders and prohibitions; and
(e) eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years.
It also amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis (marijuana) production and to reschedule certain substances from Schedule III to that Act to Schedule I.
Part 3 amends the Corrections and Conditional Release Act to
(a) clarify that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process and for the National Parole Board and the provincial parole boards in the determination of all cases;
(b) establish the right of a victim to make a statement at parole hearings and permit the disclosure to a victim of certain information about the offender;
(c) provide for the automatic suspension of the parole or statutory release of offenders who receive a new custodial sentence and require the National Parole Board to review their case within a prescribed period; and
(d) rename the National Parole Board as the Parole Board of Canada.
It also amends the Criminal Records Act to substitute the term “record suspension” for the term “pardon”. It extends the ineligibility periods for applications for a record suspension and makes certain offences ineligible for a record suspension. It also requires the National Parole Board to submit an annual report that includes the number of applications for record suspensions and the number of record suspensions ordered.
Lastly, it amends the International Transfer of Offenders Act to provide that one of the purposes of that Act is to enhance public safety and to modify the list of factors that the Minister of Public Safety and Emergency Preparedness may consider in deciding whether to consent to the transfer of a Canadian offender.
Part 4 amends the sentencing and general principles of the Youth Criminal Justice Act, as well as its provisions relating to judicial interim release, adult and youth sentences, publication bans, and placement in youth custody facilities. It defines the terms “violent offence” and “serious offence”, amends the definition “serious violent offence” and repeals the definition “presumptive offence”. It also requires police forces to keep records of extrajudicial measures used to deal with young persons.
Part 5 amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.
The enactment also makes related and consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 12, 2012 Passed That the amendments made by the Senate to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, be now read a second time and concurred in.
March 12, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “a message be sent to the Senate to acquaint their Honours that the House disagrees with the amendments made by the Senate to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, because relying on the government to list states which support or engage in terrorism risks unnecessarily politicizing the process of obtaining justice for victims of terrorism.”.
March 7, 2012 Passed That, in relation to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, not more than one further sitting day shall be allotted to the stage of consideration of Senate amendments to the Bill; and That, 15 minutes before the expiry of the time provided for Government Business on the day allotted to the consideration of the said stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Dec. 5, 2011 Passed That the Bill be now read a third time and do pass.
Nov. 30, 2011 Passed That Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, as amended, be concurred in at report stage.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 183.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 136.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 108.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 54.
Nov. 30, 2011 Failed That Bill C-10, in Clause 42, be amended by replacing lines 3 to 8 on page 26 with the following: “( a) the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General's intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment; and ( b) there are no exceptional circumstances related to the offender or the offence in question that justify imposing a shorter term of imprisonment than the mandatory minimum established for that offence.”
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 39.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 34.
Nov. 30, 2011 Failed That Bill C-10, in Clause 2, be amended by adding after line 6 on page 5 the following: “(6) In any action under subsection (1), the defendant’s conduct is deemed to have caused or contributed to the loss of or damage to the plaintiff if the court finds that ( a) a listed entity caused or contributed to the loss or damage by engaging in conduct that is contrary to any provision of Part II.1 of the Criminal Code, whether the conduct occurred in or outside Canada; and ( b) the defendant engaged in conduct that is contrary to any of sections 83.02 to 83.04, 83.08, 83.1, 83.11, or 83.18 to 83.231 of the Criminal Code for the benefit of or otherwise in relation to that listed entity.”
Nov. 30, 2011 Failed That Bill C-10, in Clause 2, be amended by adding after line 10 on page 3 the following: ““terrorism” includes torture. “torture” has the meaning given to that term in article 1, paragraph 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting clause 1.
Nov. 30, 2011 Passed That, in relation to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Sept. 28, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.
Sept. 28, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, because its provisions ignore the best evidence with respect to public safety, crime prevention and rehabilitation of offenders; because its cost to the federal treasury and the cost to be downloaded onto the provinces for corrections have not been clearly articulated to this House; and because the bundling of these many pieces of legislation into a single bill will compromise Parliament’s ability to review and scrutinize its contents and implications on behalf of Canadians”.
Sept. 27, 2011 Passed That, in relation to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, not more than two further sitting days shall be allotted to the consideration of the second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 6:50 p.m.
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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

How can you justify refusing to split up this bill to make it possible for a father to vote in favour of this without having to vote against other principles?

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 6:50 p.m.
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Conservative

Kevin Sorenson Conservative Crowfoot, AB

Madam Speaker, I appreciate that the member is the father of three children and that he cares about these types of bills.

It is a methodology of opposition members to find that one little area that they support and say that we should just separate that one.

This bill was brought forward. I can guarantee that we will move forward on this quickly. All the nine bills that are in Bill C-10 are bills that we campaigned on. They are bills that the voters across this country recognized our party as standing strong for.

I would encourage members to support the entire bill, a good bill that would make our streets and communities safer.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 6:50 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Madam Speaker, I have a couple of questions for the member.

I have a letter here that was written to the Prime Minister by Jane Wright in Providence Bay. She states:

There are adequate measures presently in place to keep in prison the few who are truly dangerous. Your crime bill will further disadvantage young aboriginals and the mentally ill....

Does the member think that we should be stocking our prisons with aboriginals and the mentally ill as opposed to providing rehabilitative and proper services for them?

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 6:50 p.m.
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Conservative

Kevin Sorenson Conservative Crowfoot, AB

Madam Speaker, I think our prisons should be full of those who have committed crimes against our society and who have been found guilty in a court of law. I think our prisons should be a place where we can try to rehabilitate people, but we should hold them, incarcerate them and tell them that the penalty for crime is prison in some cases.

The mandatory minimums that we are bringing forward, generally speaking, are on indictable offences where the Canadian public has said that they do not want them doing house arrest and that they do not believe those people should be living out their time in their homes while their victims are sometimes completely victimized.

We realize that there is a high percentage of aboriginals in our penitentiaries, and, yes, that must be addressed as well, but in many case there are many aboriginal victims who are standing right there while the offender is the locked in prison.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 6:55 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the member spoke on one aspect of Bill C-10. Other members will take another aspect of Bill C-10.

The point is that the government has taken a bunch of bills that should have been, in essence, separate bills and tied them into an omnibus bill.

The member made reference to the fact that this was an election issue. The government could probably take 30 or 40 election issues and say that now that it has a majority, that it has the most seats, it wants all of those bills to be included in an omnibus bill.

The concern, in part, that we have is—

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 6:55 p.m.
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NDP

The Deputy Speaker NDP Denise Savoie

Order, please. I would like to give the hon. member for Crowfoot the opportunity to respond. He has 30 seconds.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 6:55 p.m.
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Conservative

Kevin Sorenson Conservative Crowfoot, AB

Madam Speaker, 10 or 11 years ago when I was elected, I was actually surprised. During the election campaign, the Liberals would talk about law and order but then, as soon as soon as they were elected, we would never see any law and order bills coming forward in this House.

I would tell the fairly new member over there that there have been over 200 speeches made in this place in debate dealing with different aspects of this bill. The Liberals tried to stall it here in the House. They tried to stall in the committees. They tried to stall it in the Senate.

Now the member is saying that if they are given a little more time for debate—

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 6:55 p.m.
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NDP

The Deputy Speaker NDP Denise Savoie

Resuming debate. The hon. member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup has the floor, but I will have to interrupt him.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 6:55 p.m.
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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, what we have here is a huge mistake that could potentially cost the Canadian treasury $5 billion. The repressive measures that were taken throughout the United States did not help lower the crime rate. In some cases, there was even an increase in serious crimes. The government wants to invest $5 billion of public funds in a solution that will worsen the problem. And that does not include the hundreds of millions of dollars that the provinces will have to spend to expand prisons and meet the demand that will be created, for no good reason, by the current government.

The current government is boasting that it has a majority, but it is forgetting to keep in mind that approximately six out of ten Canadians did not vote for extreme right-wing values, such as being tough on crime. So the government wants to drop $5 billion without even having a clear majority that agrees with the basic principle.

I want to come back to the so-called contempt for victims the bleeding hearts on the left here have, according to our Conservative friends across the way. There is a dynamic that escapes me. They are applying tough on crime policies, but there is ample evidence over a number of decades from a number of places in North America that such policies do not reduce crime. It does not work. There may even be an increase. I want to know how increasing the number of victims is a form of respect for victims.

Can we tell the woman who, statistically speaking, will be abused—and would not have been with a policy that reduced the crime rate—that she can take comfort in the fact that the person who abused her will spend an extra six months in prison thanks to the bill the Conservative government passed two years beforehand? Is that how we show respect for victims, by creating the necessary conditions to produce more victims in the coming decades?

We are entering a spiral of crime. This reminds me of A Clockwork Orange, a movie that was extremely popular a very long time ago, in which—

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 7 p.m.
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NDP

The Deputy Speaker NDP Denise Savoie

Order. I am sorry, but I have to interrupt the hon. member. He can continue his comments when we resume this debate.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 3:35 p.m.
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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, thank you for allowing me to add a few more comments.

Yesterday, I closed by asking about a nonsensical contradiction: how do we show respect for victims, by creating the necessary conditions to produce more victims in the coming years? I would like to explain a few other things that do not make sense before leaving the House today—

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 3:35 p.m.
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Conservative

The Speaker Conservative Andrew Scheer

Order, please. It seems that there are problems with the interpretation. Is it fixed now? Okay.

The hon. member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup may resume.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 3:35 p.m.
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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, I would like to take a moment to address the communities that may be tempted to support this bill thinking that a prison expansion in their area would be a good thing. The expansion of our prisons should never be considered anything other than a collective failure. Let us not forget that. Having more citizens in prison must be considered a definite sign of the failure of our training programs and the failure of our economic system to create jobs. Prisoners are not a natural resource that help the development of a region in which there is a prison. Let us always keep this perspective in mind when making these collective choices.

Another thing related to this bill that does not make sense is the fact that it affects the right of judges to simply do their work, exercising their right to judge. This is an ideological blunder. It is something that leads us to a sort of limitation on what the law should be and deprives judges of their opportunity to think. What will happen if we tell a judge that the theft of an apple is punishable by a minimum sentence of one day in prison? A judge's job is to determine whether the apple was stolen simply as mischief or whether it was stolen to feed a starving child. Any judge who does his or her work properly would not impose the same sentence in these two cases.

The government's ideological leaning is a very bad thing and it is depriving judges of their right to simply do their job. That is why the Canadian Bar Association and the Barreau du Québec are concerned about this bill and even blatantly opposed to it.

There is an important point here. This bill does not make any sense. How can judges work with a law that would lead them to impose sentences on small-time drug dealers that are twice as long as the sentences imposed on those who sexually abuse minors? That is what the bill before us is proposing.

Another thing that does not make sense is how Canadians' right to debate is being affected. By combining all these bills, the government is manipulating the public debate. The members opposite can be sure that Canadians will not be fooled. The right to a pardon is being questioned. If someone says that it is important to retain the right to a pardon, it does not mean that they support pedophilia. The two things are unrelated. The government is manipulating the debate and should apologize for insulting Canadians' intelligence.

Therefore, we have a very simple choice to make. The government is moving towards a very repressive system. I will go back to the example I began giving yesterday of the movie, A Clockwork Orange. In this very popular movie, young people who are discovering their leadership qualities live in such a repressive society that, to be noticed, they have no other choice but to become delinquents. The more repressive the society becomes, the more that is the choice facing these future potential young leaders: to be noticed, they must be delinquents in a repressive system.

At the other end of the spectrum, another very popular movie, Mr. Holland's Opus, is about a high school music teacher who fights cuts to his budget for clarinets, saxophones and drums, and helps young future leaders to develop.

This government is ramming a choice about our society down our throats. It does not want to use any part of the $5 billion of public money to ensure that a talented young 13-year-old girl somewhere in Canada has the clarinet that will help her to develop as a citizen, or that young people who are members of a theatre group have the money to go on a provincial tour. It has decided to invest such a huge amount in repression that there will not be enough money for education, extracurricular activities or rehabilitation that would simply lead to a lower crime rate this year, next year and for decades to come. This is a social choice that is being rammed down our throats. Canadians are not fooled and it is really a very bad choice.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 3:40 p.m.
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Conservative

Ryan Leef Conservative Yukon, YT

Madam Speaker, in listening to the member, I wonder if he had an opportunity to read part of the legislation. It would appear that he would have Canadians believe that an innocent 13 year old is growing five pot plants in his basement for his buddies whose parents will not let them smoke dope.

Has he read the parts in there where the aggravating circumstances actually kick in such as where violence has been used in selling drugs, where it is used in prisons, where it is used by abusive positions in authority, where weapons are involved? These are serious drug offences. Did the member read those aggravating circumstances?