Bill C-10 (Historical)

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

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.

Safe Streets and Communities Act

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, Canada's ombudsman for prisons says that there is a shortfall of mental health services for offenders. There are gaps in capacity, quality and standards. Criminalizing and warehousing the mentally ill does nothing to improve public safety and burdens the justice system.

What impact does my hon. colleague think the bill will have on the number of mentally ill entering the prison system, the prison environment, rehabilitation programs and violence and lockdowns?

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I would like to thank my colleague for her very relevant question.

The Canadian Paediatric Society report, for one, is very clear on this subject. Prevention is absolutely crucial when it comes to dealing with crime and youth crime, and crime which has an impact on youth.

As it stands, this bill make absolutely no mention of prevention, rehabilitation or restorative justice for victims. It just hammers away at one particular aspect—coercion or incarceration. This bill is completely unbalanced. My hon. colleague has every reason to raise this particular point because it demonstrates one of the major weaknesses of Bill C-10, which we should be opposing.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, I would like to congratulate my colleague on his excellent speech. It is yet more proof that Quebec elected young Quebeckers who will help the House of Commons during this Parliament.

I would like to ask my colleague and neighbour a question. Today, we have repeatedly questioned the government about the cost of this bill. All day, the Conservatives have skirted the issue. They have yet to answer the question. Does my colleague know why the Conservatives do not want to answer our question about the cost of this bill?

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, we have an initial indication of what this could cost—there is talk of $2.7 billion over five years. And that is likely a very conservative estimate if we look at other estimates we have been given, such as the one for another crime bill, which went from $90 million to $5 billion. If that trend continues, we will be looking at far more than $2.7 billion over five years.

And yes, the government is refusing to answer this question. The Parliamentary Budget Officer said that he does not have the information he requires to be able to make a useful and valid evaluation. I would like to use this question to send a message to the government and say that if it wishes to govern in a transparent way that respects the principles of good governance, they should give us these numbers and costs, not only for the federal government, but also for the provincial governments. And these amounts should also be evaluated by the Parliamentary Budget Officer.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I thank my friend for a very good, clear and articulate description of the problems that I think all members on the opposition benches have with Bill C-10.

I would have liked to have been able to pose this to a government member but I have not had an opportunity in this round. I am baffled by the fact that virtually every criminologist and expert who has looked at the issue of minimum mandatory sentences has concluded that they do not work. In fact, a recent article in the Criminology & Public Policy begins with this sentence:

Mandatory minimums are a classic instance of criminology and public policy marching in different directions.

Every member of this House wants to end crime and every member wants to protect victims.

I would like to ask the member if he has been able to find any expert evidence that would support the government's approach.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I would like to thank my hon. colleague for her question.

There is absolutely no proof of this, be it from criminologists, sociologists, academics or anyone else who is concerned with this topic. There is not a single study, Canadian or American, that demonstrates the validity of the approach this government is currently favouring. No studies demonstrate that tougher minimum sentences create a deterrent. It has been seen in the United States in particular, but also is true for Canada. We have no concrete idea of how much this approach will cost, but we know it will be a lot. And there will be absolutely no impact on reducing crime and the associated costs for victims. That is why this bill is unacceptable.

If the government had been responsible, it would have split this bill. That would have allowed the opposition to support certain positive elements in a consensus, as happened with the mega-trials bill in June. But that is impossible in this case.

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Mr. Speaker, I have been in and out of the House, so I have not heard the entire speech. However, I think what concerns many on the opposition benches is whether this would shift us closer to some of the failed experiences in the United States where we have seen republicans who have tried to take a similar approach on justice matters and where we have seen states that have really bankrupted themselves because of the costs of incarceration and the costs of dealing with justice issues such as the ones in this bill.

Does the member see this bill as a dangerous move toward that type of justice system?

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

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

I do see this as a step in that direction. I do not think we need to look any further than the statements made this morning by the Minister of Public Safety, who was making comparisons and defending some of the provisions in the bill based on what has been done in the United States. It is clear that this bill was inspired by the American approach. If we look at the facts and at what happened in the United States after several of these measures were adopted, for instance, minimum sentences, it is clear that it has been a completely unmanageable burden for several states, including Texas, which is paying the price today. Once again, it has had very little, if any, impact on crime rates.

[David Christopherson, NDP, Hamilton Centre, ON]

Mr. Speaker, my colleague included in his remarks something that is important to us as the official opposition that, in addition to opposing, we also be proposing. One of the items the member referred to in terms of proposals as an alternative to what the government has put forward is the issue of restorative justice. This is a cornerstone of an alternate direction to deal with matters such as we have before us now.

I wonder if the member would be good enough to explain to members in the House and anyone who is watching at home the important meaning of restorative justice as an alternative approach to the sledgehammer we have seen from the government.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I am pleased that the hon. member asked me this question, since this is an issue in which I was very involved during the years I spent at youth centres.

In order to help victims overcome the effects of a crime, it is important to show them that there is justice in their case. However, they also need to be able to confront the person who committed the crime, as the hon. member suggested. We are not necessarily talking about extremely serious crimes, but such may be the case. I have seen certain cases where people who were the victims of a break and enter or an assault were able, under supervision of course, to speak with the offender in order to understand why the offender committed the crime and to be more at peace with what happened. To see the justice system deal with the situation in this manner is much more meaningful for victims and helps them to cope better than if they were not involved in the process and the offender were punished using only coercive justice.

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, it is a great pleasure to be here today to speak in support of Bill C-10, the safe streets and communities act. Our Prime Minister, our justice minister and, indeed, our government has led on this important issue and I think we have done a great job on this.

At first the title of the legislation may appear broad, and indeed it is, but for a good reason. The measures contained within this legislation cover a range of provisions that will protect families, stand up for victims and hold offenders more accountable. The safe streets and communities act is part of the government's commitment to deliver on that mandate and meet it effectively and in the best interests of Canadian families.

I will just review some of the proposed amendments in the legislation that would make our communities safer. The first one is by extending greater protection to the most vulnerable members of society, as well as victims of terrorism.

Another one is further enhancing the ability of our justice system to hold criminals accountable for their actions. What a concept, actually holding criminals accountable for their actions.

A third item is helping to improve the safety and security of all Canadians. I am not sure why the opposition would be so opposed to something like that.

The safe streets and communities act would better protect children and youth from sexual predators, increase penalties for organized drug crime, end house arrest for serious crimes, protect the public from violent young offenders, eliminate pardons for serious crimes, enshrine in law a number of additional key factors in deciding whether an offender would be granted a transfer back to Canada, increase offender accountability and support victims of crime, support victims of terrorism, and protect vulnerable foreign nationals against abuse and exploitation. I am not sure why the opposition would actually be opposed to any of those measures as we are trying to work in the best interests of Canadian families.

As we have heard from my hon. colleagues, the provisions in the legislation are comprehensive. There are several measures that fall under Public Safety Canada. These include: giving victims of terrorism the ability to seek justice against individuals that carry out a terrorist attack; eliminating pardons for those who commit multiple serious crimes or sexual offences against children; and putting in place a system wherein offenders have more responsibility for their own rehabilitation.

It also includes changes to the International Transfer of Offenders Act, which I will return to in just a moment.

It proposes changes to laws that fall under the responsibility of the Department of Justice, including helping to protect children from sexual predators by increasing penalties for sexual offences against children, as well as creating two new offences that take aim at conduct that could facilitate the sexual abuse of a child, such as luring. I know my hon. colleague, the member for Niagara Falls, has done a great job and has been a great champion on these things.

The bill also targets issues such as organized drug crime and, in the use of conditional sentence or house arrest for serious crimes, making amendments to ensure that violent and repeat young offenders are held accountable for their actions. It would also protect foreign workers who are vulnerable to falling into exploitation and trafficking.

These are all bills that Canadians have seen before, some going back as far as 2007.

Our government kept working in a minority government to get these bills passed and now we are taking strong, decisive action in the form of the safe streets and communities act.

I am very hopeful that we will see the support of all the hon. members in the House as we work to keep Canadian families safer.

In the recent Speech from the Throne, we pledged:

Our Government will defend the rights of law-abiding citizens, and it will promote Canadian values and interests at home and abroad.

Canadians know that our government is a government of action, and when we say that we will do something, we do it. We made a pledge that we would reintroduce a comprehensive law and order legislation within a hundred siting days of the new Parliament and, with this bill, we are following through on that pledge.

The Speech from the Throne also stated:

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

This statement is at the heart of our efforts to strengthen our law and our court systems. It is the spirit and intent that is woven into this important legislation that we have passed since 2006 that gives our law enforcement better tools and resources, that address violent and gun crimes, that protects our children and other vulnerable citizens and that ensures that offenders serve sentences that match the severity of the crimes being committed.

The statement also guides our government's decision to invest in crime prevention programs for youth in disadvantaged communities. I know that has been a concern of the opposition, and it has been mentioned that money should be spent on programs. Well, here it is. That is why the next phase of Canada's economic action plan includes the investment of $7.5 million annually to renew the youth gang prevention fund.

This statement was top of mind when we developed the comprehensive legislation before us today. While this legislation covers several provisions, I will take my time today to talk about a specific element of Bill C-10, the section that will amend the International Transfer of Offenders Act.

Before we go further, let us take a brief look at the history of this legislation.

As hon. members well know, Canada has been a party to international treaties related to transfer of offenders since 1978. By numbers, we have signed 14 bilateral treaties and 3 multilateral conventions with more than 60 countries to allow for the transfer of offenders.

There are many technical factors to take into consideration in transferring an offender. For example, the offender has to be serving a sentence for being involved in an activity that would also be punishable as a crime in Canada. As well, in most cases the offender must have at least six months remaining in his or her sentence, and there must be a consent of all three parties: Canada, the nation where the offender was sentenced, and the offender.

The initial legislation was modernized in 2004, and now, in the interest of public safety, the time has come to amend it again so that we can ensure Canadians feel secure in the decisions the government makes to bring offenders back to Canada.

I am happy to have the opportunity today to talk about what this amendment will and will not do and to set the record straight on a number of fronts. The legislation before us today proposes important amendments to the International Transfer of Offenders Act in order to help ensure that the commitment to protecting the safety and security of Canadians, which I know all of us share, is taken into account when considering the offender's request for transfer.

I would like to underline the two important components of the legislation before us and discuss them in further detail shortly.

Let me first briefly discuss what Bill C-10 will do.

Hon. members will know that under the present rules, the Minister of Public Safety is required to take several factors into account when considering an offender's request for a transfer. These factors include consideration of whether the offender's return to Canada would constitute a threat to the security of Canada; whether the offender left or remained outside Canada with the intention of abandoning Canada as a place of permanent residence; whether the foreign entity or its prison system presents a serious threat to the offender's security or human rights; and whether, in the opinion of the minister, the offender will, after the transfer, commit a terrorism offence or criminal organization offence within the meaning of section 2 of the Criminal Code.

The proposed Bill C-10 keeps those factors in place. The minister will still be able to consider these factors, as well as several others that are itemized in the existing act.

What Bill C-10 does do, however, is expressly stipulate that one of the key purposes of the International Transfer of Offenders Act is to protect the safety of Canadians. It means that the greater good of Canadians, and not first the good of the offender, is given its rightful place.

The bottom line is that Canadians want a justice system that works, and they also want a corrections system that effectively balances the rights of victims and law-abiding citizens. That is what the proposed amendments that our government has introduced will do.

The legislation our government has introduced recognizes that public safety should be a stated purpose in the determination of all offender transfer requests. Under the proposed amendments, the act's purpose would now read:

The purpose of this Act is to enhance public safety and to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals.

This means that public safety is placed at the forefront of the decision-making process, which is exactly where it belongs. The proposed amendments will also help to protect the safety of family members and children. It will do that by stipulating in legislation that the minister may consider whether a transfer will endanger the safety of a family member or of a child. This would apply in the case of an offender who has been convicted of an offence against a family member or who has been convicted of a sexual offence involving a child.

As well, Bill C-10 would include additional factors that may be considered in assessing requests for the transfer back to Canada, such as whether an offender has participated in a rehabilitation program.

There are omissions in the current legislation as it now stands. That is why Bill C-10 is an important bill. Bill C-10 would protect the safety and security of Canadians by clearly recognizing in the legislation itself that public safety considerations are at the centre of all offender transfer requests.

Under the proposed amendments, Bill C-10 would also give the Minister of Public Safety more flexibility in the decision-making process itself. I have heard reference made to the fact that Bill C-10 provides the minister with too much discretionary authority to consider any factor he or she would like. I would like to remind all hon. members, however, that while it is non-explicit in the existing act, the courts have stated that the minister may also consider and refer to factors other than those listed in the existing section 10 as long as they are linked to the purpose of the act.

I have also heard reference made to the fact that the minister would no longer be compelled in the legislation to consider a list of factors, but “may consider” any or all itemized factors if appropriate. Some have suggested the change from “shall consider” to “may consider” in Bill C-10 puts too much discretion at the hands of the minister. This is not the case. In fact, all decisions would still need to be reasonable and rendered in accordance with the purpose of the act.

As hon. members may well know, the courts have called for more transparency in decision-making. Bill C-10 answers this call by enabling a clear articulation of the pertinent considerations in each case. The proposed amendments clearly articulate the factors that may be taken into account when considering a request for transfer, based on the unique facts and circumstances of each case.

In addition, to ensure that public safety is a principal consideration in offender transfer requests, Bill C-10 would also provide for the consideration of other factors, many of which are in line with other reforms currently under way within the corrections system. These other factors would include whether, in the minister's opinion, the offender is likely to continue to engage in criminal activity after the transfer; the offender's health; and whether the offender had refused to participate in a rehabilitation or reintegration program.

In addition, Bill C-10 notes that the minister may consider whether the offender has accepted responsibility for the offence for which he or she has been convicted, including acknowledging any harm that has been done to victims and to the community; the manner in which the offender would be supervised after the transfer while serving the remainder of his or her sentence in Canada; and whether the offender has co-operated with, or has undertaken to co-operate with, law enforcement.

To sum up, the basic principles of the International Transfer of Offenders Act would remain intact, but the amendments we are proposing today would enhance the act by ensuring that public safety is stated in law as an integral part of the decision-making process for the transfer of offenders. It would put in writing that the minister may consider factors such as the safety of family members and our most vulnerable, our children, before granting a transfer of another offender back to Canada. It would also bring greater transparency and responsiveness to the decision-making process.

These are sensible changes. Tthey are balanced and they are fair. Therefore, I urge all hon. members to vote in favour of the legislation before us today and to work with the government to ensure its speedy passage.

Once again, to summarize what this legislation is about, the proposed amendments are about greater protection to the most vulnerable members of our society as well as victims of terrorism.

It is also important that we look at holding criminals accountable for their actions and trying to improve the safety and security of all Canadians. I do not what hon. members or, quite frankly, Canadians would not support that.

The safe streets and communities act is about protecting children and youth from sexual predators, increasing penalties for organized drug crimes, ending house arrest for serious crimes, protecting the public from violent young offenders, eliminating pardons for serious crimes, enshrining in law a number of additional key factors in deciding whether an offender would be granted a transfer back to Canada, increasing offender accountability, supporting victims of crime, supporting victims of terrorism and protecting vulnerable foreign nationals against abuse and exploitation.

I heard questions in previous rounds about minimum sentencing, why that seemed to be a problem and that experts talked about that. I do not know why we would oppose minimum sentencing, certainly as it relates to the exploitation of children. I believe minimum mandatory sentencing would be important to keep those violent criminals behind bars.

Once again, I encourage all members of the House to support Bill C-10.

[Anne Minh-Thu Quach, NDP, Beauharnois—Salaberry, QC]

Mr. Speaker, I find it completely astounding that the Conservatives keep using the idea of the fight against terrorism to justify all of these regressive bills that they are trying to pass.

Does the member opposite not see the inconsistency in proposing to imprison more offenders only to offer them help once they are in prison? That is what this omnibus bill does. Why not make a one-time investment in prevention programs, which would give people the tools they need before they commit a crime? That would help them feel better about themselves and provide them with more appropriate and positive coping strategies to help them avoid ending up in prison.

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, this government has struck a good balance. As I have mentioned before, we have money set aside for anti-gang programming to deal with people.

One of the things we introduced in the budget previous to the last one was $20 million for a program called pathways to education, an incredible program offered across the country. The good thing about pathways to education is that it addresses those very issues about which the member asked.

This program started in Toronto, in Regent Park, and one of the things that was realized was there were some early determinants that could be dealt with, like people who dropped out of high school and did not get an opportunity to go on to university. When our government realized the results of the pathways to education program, we committed $20 million, and this program continues to be offered across the country.

One of the great things the program does is offer incentives for universities to offer short term incentives and mentoring. A whole bunch of factors go into helping divert kids into a great opportunity to get an education and have a great career.

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, I realize the majority of the member's speech on the bill was on the subject of international transfer. However, my question is one of a domestic nature, given that the hon. member mentioned, at least a couple of times, that this was about protecting our most vulnerable.

The hon. member would be well aware that while only 3% of the Canadian population identify themselves as aboriginal, the aboriginal population in our criminal institutions is closer to 20%.

What measures are in this bill or otherwise to deal with those vulnerable members of our society with respect to their involvement in criminal law?

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, Bill C-10 is about justice. I certainly do not disagree with what the member raises. Some of those programs have been offered through Indian Affairs. Still more can be done and we will continue to work on these issues.