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 28th, 2011 / 4:50 p.m.
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NDP

The Deputy Speaker NDP Denise Savoie

I ask members who do not have the floor to wait until questions and comments.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 4:50 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Thank you, Madam Speaker, just like the Conservatives stand up for victims, you are standing up for me and I appreciate that.

As noted by the Minister of Justice in his speech to the House last week, this bill reflects the strong mandate that Canadians have given us to protect society and ultimately hold criminals responsible for their actions. That does not mean a slap on the wrist. It means time away for the crimes they have committed, proportional, of course, to the crimes they have committed.

Bringing these nine bills together, that died on the order paper in the last Parliament, sends a clear signal to Canadians that we have listened to them, that we are following the mandate they have given us, and we are following through with our commitment. Canadians know that they can count on this government to do exactly that.

We have, through a series of bills and legislative moves, sought to improve public safety and strengthen our justice system since we formed government in 2006. While we have enacted significant criminal law reforms, there is much more to be done. Moving forward on this particular piece of legislation will certainly be a step in the right direction.

However, our work is not done and we look forward to constructive criticism from the opposition. We are sure it will be constructive and we know there will be criticism, but we look for suggestions from them because nothing is perfect. We know that we have to go further to better reflect what Canadians want. That is clearly safety on their streets, to take drug dealers off the streets, and ensure their children can play on the streets.

The suggestion by the opposition that we should somehow cherry pick parts of the bill and fast-track them is not listening to what Canadians said in the last election. They clearly support our law and order agenda, and the NDP and Liberals should get on board and do exactly that, not just with this bill, as I know the Liberals have said they will support some parts of it, but other bills because clearly Canadians should be the final boss of this place and of us.

As I said, this debate is welcome because we have an opportunity to put in the forefront what we are trying to do for Canadians and that we are listening to them. It is also important to recognize that we have continued this debate time and time again with many of the same people across the way now complaining that we are not having proper discussion.

Clearly, we know that moving forward with this bill would ensure public safety. It would ensure offenders are held more accountable. There are minimum sentences to ensure that happens and so that judges have clear knowledge. I remember when I practised law that I would stand before judges who would say they did not have a clear indication from Parliament here or there, that they did not know which sentence to give, that an offender in a certain case went away for two years and in another case an offender got two months for the same offence, maybe drug trafficking in Vancouver versus Edmonton. That happens. I can assure everyone that happens.

This sends a clear message to judges that the minimal sentences we are passing, with the help of the Liberals, hopefully, and convincing some NDP members about what Canadians want, will actually happen. We are sending clear direction to judges across this country. We want to see this stopped. Judges have asked for direction and I hope they are listening today. They should recognize that Canadians speak to us by electing us and we speak to them through putting laws in place that judges will interpret. Judges will impose the sentences we ask them to because Canadians have clearly told us they want that.

I have heard a good overview of Bill C-10 by many members in the House. I know many have complained it is a bit too large and complicated. I have had an opportunity to sit in on special legislative committees, passing 15 bills in this place through committees, and I do not see any complication. It is plain language and is very clear. It has been before the House in some cases for years and years.

I would suggest it is not too large nor complex. However, if members on the other side have difficulties with particular clauses, I would be happy to go through them with them. I am sure many members in this place, at least on the Conservative side, would be happy to sit down and explain some of the more complex details. Clearly, we have to listen to Canadians and pass these laws, and I am looking for support from the opposition side to do exactly that.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 4:55 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Madam Speaker, I find the government member's comments to the effect that new members may not be familiar with this omnibus bill somewhat condescending. On the contrary, we are very familiar with it; we are informed. We know that bills of this nature have been introduced in the past, although certain provisions were a little different and several minimum sentences have been added.

Accordingly, when we talk about offender accountability and responsibility regarding drugs, can the member across the floor explain to us on what basis they can say that measures are in place to help offenders? We know that only one in five offenders receives any help in terms of mental health and rehabilitation, and that few of these people get any meaningful help.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 4:55 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Madam Speaker, I thank the member for the question regarding provincial jurisdiction.

I have seen in this place some constructive work by Liberal, Bloc and NDP members on some of our legislation. I can assure the member that we do not believe that this is perfect legislation. It is large and it has been around for a while, but it is not perfect. That is why there have been some changes over the summer. We would ask for her input, and the input of all members, to make it even more perfect. If they see places where we should impose minimum sentences or increase sentences for particularly violent offences or offences against children, I would suggest that the Minister of Justice would be more than happy to have that input and implement those changes.

If the member does have that, please come across and explain exactly why the punishment is not severe enough; how we could utilize it to rehabilitate or actually change the justice system; and, as to what has happened in this country over the last 20 or 30 years, how to make the streets safer for Canadians and respond better to what they want.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 4:55 p.m.
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NDP

Matthew Kellway NDP Beaches—East York, ON

Madam Speaker, I thank my colleague for his speech and I am delighted to know that he has practised criminal law. He would likely know that jurisdictions around the world, including jurisdictions here in North America, our own federal government and five provincial governments, are seeking ways to relieve congestion and delay in our court systems.

One of my many concerns about the bill is that it is, in fact, going to overwhelm our court system. It would do quite the opposite of its purported intention, which is to provide justice for victims and safer communities.

I wonder it the member could advise us as to what the bill does, or what the government is prepared to do, to relieve congestion and delays in our provincial and federal court systems.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 4:55 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Madam Speaker, the member is correct. It is a concern of mine as well having practised law in Fort McMurray, and it was a very busy criminal practice.

I would note some other statistics. I do not have them in front of me, but from memory I think only 6% to 8% of crimes are actually solved in this country. I also understand that somewhere around 70% or 80% of the offences committed in this country are done by someone who has committed them before and has been in jail before. These are startling and troubling statistics.

I have represented people who had 10 or 12 previous impaired driving convictions and those with four or five assaults. There were some people who had three or four pages to their record, which does not mean four or five assaults but probably somewhere in the neighbourhood of 30 or 40 previous convictions, and it is difficult to get the convictions.

We clearly need to send a message, but to save a dime, the cost to taxpayers, the cost to the citizens of Canada, for not making sure people pay for the crimes they commit I would suggest far outweighs the opposite.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 5 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Madam Speaker, when the Minister of Justice told us that he would not govern on the basis of the most recent statistics, he was basically saying that he would not use facts or evidence to guide his decisions. That is very worrisome.

Are we going to be subject to governance without logic or reason for the next four years? Should we also expect the Conservative government to rule by fiat without recognizing that 61% of Canadians did not vote for them? The day after the May 2 election, when the Conservatives had only 39% of the votes, the Prime Minister admitted that the results of the election showed that Canadians wanted the parties to work together. Was this a false promise? I think that the whole government and, more specifically, all members of Parliament who are paid by taxpayers and represent the people in their ridings, have the duty to govern in a reasonable and thoughtful manner.

When the government stubbornly insists on passing a bill when it does not know the actual costs of that bill but does know that certain extremely costly measures will not address the actual problems and, worse, could very well create more problems, it is not logical, responsible or thoughtful. I would even go so far as to say that the government is acting in bad faith.

I find it hard to believe that all the Conservative members agree that the government should put the provinces further in debt when they do not have the slightest bit of evidence that the proposed measures will actually make our streets and communities safer. In fact, by taking just 15 minutes to read the news or the press releases issued by experts such as the Canadian Bar Association, we quickly learn that minimum sentences do not reduce crime rates; this could save us $90,000 a day. Minimum sentencing does not work and costs a fortune.

The government needs to tell taxpayers the truth by revealing the costs and by explaining the basis for its proposals, particularly those related to minimum sentencing. The government needs to ask taxpayers directly whether they would like it to pass a bill of unknown costs that threatens health and education or whether they would rather the government take the time to ensure that their money is invested responsibly and adopt measures that would truly make their streets and communities safer. Clearly, Canadians would chose the second option.

We all agree, even the members of the opposition, that criminals must be punished. I do not want to dwell too long on what has already been said, but there are measures that we are prepared to support right now, namely, all those related to violent crimes and sexual offences against children.

However, the government seems to forget that 95% of prisoners will eventually be released and that the correctional system is a dangerous environment, rife with drug trafficking and violence, which can lead to other kinds of crimes. Thus, it is possible that increasing the number of prisoners and taxing the prison system even further, without investing more judiciously in preventive measures that tackle the source of the problem, could have very negative, or even dangerous, consequences.

If the purpose of Bill C-10 really is to make our streets and communities safer, why does it not include more investment in rehabilitation and prevention programs? I know the government does not like statistics, but 80% of incarcerated women are in prison for crimes related to poverty, including 39% for unpaid fines. These figures released this morning by the National Council of Welfare point to a real problem. The council also noted that the cost to incarcerate a woman who fails to pay a $150 fine is $1,400.

I am sure the Minister of Finance will be pleased to hear—and free of charge too—that for every dollar invested in prevention and rehabilitation, the government would save far more in incarceration costs, addiction costs and the cost of crimes committed in prisons themselves. Front-line workers such as social workers, street outreach workers, school psychologists and counsellors are looking for an opportunity to become more involved on the ground to prevent crime by targeting at-risk groups—young people in distress, people with mental illness or substance abuse problems, and marginalized people. Their work allows would-be offenders to get help and referrals to the services they need. All studies and examples from elsewhere demonstrate that prevention is more effective than incarceration and punishment.

Prevention not only stops the crimes from being committed, but also contributes to the well-being of Canadian society. Therefore, fewer crimes mean fewer victims and less incarceration. Is that not a nicer social and economic picture? It appears that we are not all on the same page.

As members of Parliament, we are all paid to make difficult decisions, but we are also paid to make logical decisions and to undertake the necessary research to ensure that taxpayers' money is not being wasted but is being spent effectively.

Why is the government so anxious to pass a bill that includes measures that have failed in other countries?

With a government that so often takes a page from the United States government when developing new policies, it should learn from one of the United States' concrete examples, which shows that minimum sentences do not decrease drug trafficking crimes. Not only that, minimum sentences are expensive and can exacerbate a large number of issues such as overcrowded prisons and negative effects of repression on society.

Logic tells me that if the Conservatives truly want to improve public safety—and I have no doubt that that is what they want, as do the rest of us—why not ensure that the proposed measures truly target the root of the problem?

To do that, we simply need more time to do the necessary research and base the measures on facts, on concrete examples from other countries and on responsible reasoning.

With this very uncertain economic climate, it is not the time to act like reckless cowboys and pass laws with unknown price tags, which could be detrimental to the economic health of the country and the provinces, as well as public safety.

To justify the bill and evade our questions, the Minister of Justice, who says he does not rely on figures and statistics, often cites the price paid by victims, which runs to $99 billion. I hope that this is not an arbitrary amount.

But where is the evidence that this cost will decrease with implementation of this legislation? Taxpayers deserve answers. If there is clear and objective evidence that minimum sentences do not reduce drug-related crimes in the U.S., how will they lead to a reduction in the price paid by victims?

Why not vote for measures that are unanimously accepted in the House, continue a healthy and democratic debate on the contentious issues and find the right, intelligent and effective solutions to ensure the safety of Canadians?

And above all, why not show Canadians that the Conservatives are prepared to work with the opposition parties, which represent 61% of the population, and make considered decisions by splitting the bill and debating the laws one by one?

I can confirm—and this is more free advice—that the majority of Canadians will be pleased to see that the government is prepared to make good decisions and consult experts rather than hastily proposing repressive laws with unknown social, economic and legal consequences. This would bode well for the next four years.

Therefore, I do not support passage of this amalgamation of repressive and unjustified bills in Bill C-10. I invite the Conservatives to review this bill and allow a debate that is healthier and more democratic for everyone.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 5:05 p.m.
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Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Madam Speaker, it is important to understand that the member who just spoke is quite new to this place and maybe does not know what has happened with this legislation in past years. Some parts of it have been debated in the House for many years. If she had looked at the record, she would have seen that there were actually 51 days of debate on this legislation in the Canadian Parliament. There has already been 85 hours of debate and 223 speeches on this legislation. The bill was in committee for 58 days, or 123 hours and it heard from 295 witnesses.

Maybe the member did not know that because, if she had, she would not be complaining that we grouped this legislation and are trying to get it through before Christmas. The member needs to look at what happened before in terms of debate.

If the member had been in the House longer, she would have known that getting unanimous support in this place is virtually impossible, rarely happens and, when it does, it is on a very narrow issue. It is simply not realistic.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 5:10 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Madam Speaker, I realize that there have been lengthy debates on a number of the bills included in Bill C-10, which is an omnibus bill. However, with all due respect to the member opposite, a number of provisions have been added, particularly those regarding minimum sentences, to which we are opposed given that a number of studies show that such sentences are ineffective in preventing crime. In fact, we are in favour of more prevention.

Earlier we were asked to make some suggestions for improving the bills. All we have been doing for the past few days is suggesting preventive measures, more help to prevent crimes from being committed and positive and effective help for people with mental health problems, the disadvantaged, the poor and those coping with unemployment and housing problems.

Those are all proposals we have made, but it seems that half the people in this room have a mental block and are not listening. Many things have been proposed. Just because we are new MPs or young, that does not mean we are not informed. We are here in good faith. We read the documents and try to find common ground. If we fundamentally disagree with the values being proposed to us, then we will obviously take an opposing stand and ask the other side to make changes.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 5:10 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Madam Speaker, the hon. member talked a lot about prevention. I will share a story with her about some of the beautiful children with whom I have worked. They can be verbally and physically aggressive. They find it difficult to understand what people are saying to them. They have problems managing their money. It is all through no fault of their own. They are victims of fetal alcohol syndrome disorder.

As members know, exposure to too much alcohol can damage a developing baby's brain. The resulting symptoms including learning difficulties, problems processing information, poor judgment and a lack of emotional control. Many of these victims end up in difficulty with the law.

I wonder what the member thinks Canada should be doing for these children, these adults, and to address FAS in prisons.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 5:10 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Madam Speaker, I want to thank the hon. member from the Liberal Party for her question. We have a lot in common. I used to work in the school system as a teacher.

Many children are pleased to get help at school, whether it comes from social workers or remedial teachers. With that help, they can finally manage, after several treatments, to control their anger, express in a non-violent manner what they are feeling and discuss the problems they are experiencing. They end up working through their problems in a more positive way.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 5:15 p.m.
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Conservative

Ed Holder Conservative 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.

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September 28th, 2011 / 5:25 p.m.
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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Madam Speaker, I have a question for my colleague.

I met with workers from the Sainte-Anne-des-Plaines penitentiary, which is in my riding. They told me that sending more people to prison will make their jobs more difficult and more dangerous. I would like to know what my colleague has to say about how this bill would affect these workers. I would also like to know what the government is going to do for them.

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September 28th, 2011 / 5:25 p.m.
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Conservative

Ed Holder Conservative London West, ON

Madam Speaker, I think my colleague's question is thoughtful and fair. At the same time, I think we need to always recall that this is about protecting the victims in society and I want to honour the guards and administrators in our system who are responsible for ensuring that those people who need to be kept away from the general public are in fact kept away. I think they do an excellent job in my colleague's riding and in all ridings across this country, and I would like to salute them, .

I would like to bring this a bit closer to home. I am very concerned about issues relating crime and the things we can do on behalf of youth. One of the things I do is a polling question every week. I send it to some 15,000 people as my question of the week. It is from people right across my community, but particularly in the great riding of London West. I would like to provide some responses in the hope they will give some clarity to why Bill C-10 is so important. I know we all care in this House, but this is critical.

When London West residents were asked if publishing the names of young offenders publicly after criminal conviction would hurt their chances of rehabilitation, 65% said it would not.

When my constituents were asked online if those convicted of sex-related crimes, including pedophilia, should be eligible to apply to have their criminal records pardoned, 95% responded “no”.

This was the final question: when I asked my constituents if opposition parties should support the Conservative government's efforts to limit the ability of serious criminals and sex offenders to obtain a pardon, 94% said “no”.

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September 28th, 2011 / 5:25 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Madam Speaker, my question relates to the intended or unintended consequences on the budgets of provincial jurisdictions. My colleague would know full well that his government supports money for police and for prisons, but between police and prisons there is a system under stress. Much of that system under stress is paid for by the provinces. I am referring to the prosecutors and the places in provincial institutions, which are presently full. I realize that the bulk of his speech focused on youth criminal justice; this applies both to youth criminal justice and to adults.

I would ask for his comments on what measures are going to be put in place to allow the provinces to tackle this financial burden that is being downloaded to them as a result of this legislation.