Bill C-37 (Historical)

Increasing Offenders' Accountability for Victims Act

An Act to amend the Criminal Code

This enactment amends the Criminal Code to change the rules concerning victim surcharges.

Increasing Offenders' Accountability for Victims Act

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, I listened intently to the discussion on Bill C-37. Having worked in probation and parole services for about 13 years, I recognize the impact this has on those people with low incomes.

By removing the discretionary powers of the judges, could my colleague enlighten me on the concerns this would create with respect to low-income people, especially the fact that a majority of first nations people would actually be impacted by this as well? Could my colleague can enlighten me as to the impact this would have on those who have very little money to begin with?

[François Pilon, NDP, Laval—Les Îles, QC]

Mr. Speaker, I am pleased to rise in the House today, first of all, to wish all members from all political parties a warm welcome back for the fall 2012 session.

More importantly, I rise here today to speak to Bill C-37, An Act to amend the Criminal Code. This bill proposes changes to the provisions of section 737 of the Criminal Code on victim surcharges. The change would double the amount offenders must pay when they receive their sentence, while, more importantly, making the surcharge mandatory for all offenders.

First of all, it is important to explain exactly what a victim surcharge is. It is an additional sanction imposed when an offender who has been found guilty is sentenced. The surcharge is collected and kept by provincial and territorial governments and serves to fund programs and services for victims of crime in the province or territory where the crime was committed.

Bill C-37 proposes to double the amount of the victim surcharge from 15% to 30% of any fine imposed on the offender. The amount would also double for offenders who are not fined. Therefore, the surcharge for an offence punishable by summary conviction would increase from $50 to $100, and for an offence punishable by indictment, from $100 to $200.

Bill C-37 also eliminates the possibility of having a court waive the surcharge if the offender proves that it causes, or would cause, undue hardship. However, judges would have the option, or the discretion, to order the payment of a higher surcharge if they believed it was warranted under the circumstances and if the offender had the means to pay the victim surcharge.

In cases where offenders are unable to pay the surcharge, under Bill C-37 they may be able to participate in a provincial fine option program, where such programs exist.

This type of program would allow offenders to pay off their fines by earning credits for work done in the province or territory where the criminal offence was committed. That is a summary of Bill C-37.

Now, what is the NDP position on this bill? As you certainly are aware, the NDP supported several of the recommendations of the Federal Ombudsman for Victims of Crime, especially the recommendation that gave rise to Bill C-37. We obviously support better funding for programs for victims of crime.

However, we have some reservations. Some minor changes are needed to improve this bill. That is why we are supporting the bill in order to be able to discuss these amendments in committee.

What are these changes? We mainly have concerns about reducing the discretion of judges to the point that they would no longer be able to decide if payment of a victim surcharge would constitute undue hardship. We are strong supporters of the discretion of the Canadian judiciary and we believe that their autonomy is being curtailed by this bill.

The other major reservation concerns the fine option program mentioned earlier in my speech. Eliminating the paragraph on “undue hardship” and introducing a provision to double the amount of the surcharge will inevitably result in more offenders using the program in question.

There are no objections to this in the provinces where this type of program exists. However, in the provinces where this type of program does not exist, this would create a much more complicated situation. There would be an imbalance that would prevent the provisions of the bill from being equal across the country.

We think that we should discuss solutions, programs and appropriate measures in committee to create some uniformity, which would make this bill applicable with the same measures, same justifications and, in particular, same rules across the country, instead of having to proceed on a case by case basis.

A number of Canadian organizations agree with us and we believe that hearing from them in committee or, at the very least, bringing their opinions into the debate, would only benefit the bill. Among the organizations that have expressed concerns is the Elizabeth Fry Society, which is concerned about the effect of additional surcharges on low-income Aboriginals, who will certainly not have the means to pay them. There is also the John Howard Society, which is not bothered by the monetary penalties, but which is concerned that with this system, the surcharges will be disproportionate to the crimes committed.

In conclusion, we will support this bill at second reading, so that it can be examined more carefully in committee. However, Bill C-37 needs a number of adjustments in order to be complete. A number of people have questions, so we urge our colleagues to act in good faith when the bill gets to committee and, especially, for once, to listen to Canadians.

The House resumed from September 17 consideration of the motion that Bill C-37, An Act to amend the Criminal Code, be read the second time and referred to a committee, and of the motion that this question be now put.

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I am pleased to speak to this bill, which we support at second reading. Obviously, we cannot be against virtue or against the victims, even though the members opposite claim that we are. We care about communities, Canadians and victims. We also care about the families of victims, and the families of criminals, which are sometimes blameless.

We will support this bill at second reading so that it can be studied in committee and because we still have questions about it. Some changes are required in order for it to be acceptable.

I will provide some context. First, Bill C-37 would amend provisions of the Criminal Code and double the amount of the surcharge. The surcharge would total 30% of any fine that is imposed on the offender, or $100 if no fine is imposed. The fine would be $100 for offences punishable by summary conviction and $200 for offences punishable by indictment.

Is that really a solution for the victims? I am not absolutely sure about that. Instead of taxing people even more, other things could be done. In addition, this bill eliminates the court's ability to waive the surcharge if the offender proves that it would create hardship for himself or his family. It is worrisome because the power of judges is being eroded. Judges are there to judge; what more can I say.

Rulings will always be given on a case-by-case basis, and that is why we have judges. As my colleague from Laurier—Sainte-Marie stated, judges are the elite of our lawyers. They are brilliant and capable of making appropriate rulings, and we can trust them. If all their powers are taken away, as the government seems to enjoy doing, then it is difficult for them to do good work in specific situations. I am especially worried about this. We are taking away judges' powers and we are not proceeding on a case-by-case basis.

I would like to list a few stakeholders that share our position. The Elizabeth Fry Societies are concerned about the impact of additional fines on the disadvantaged aboriginals who do not have the means to pay. Once again, it will be the criminal's family that will become a victim. I side with society and do not think that we want to make the children, brothers and sisters, and parents of the criminals pay. This is no way to do things. It is something that can happen, but it is not what we want. The government should not aggravate things.

The John Howard Society does not necessarily have a problem with the fines, but it is afraid that, under this system, the fines will sometimes be disproportionate to the crimes. We are dealing here with a wide range of crimes. It would be worthwhile to move ahead more gradually.

The Office of the Federal Ombudsman for Victims of Crime has long fought for better funding of services for victims of crime. Is this how we are going to do it? I am not convinced.

I have a few interesting statistics. In 2003, crime cost about $70 billion. That is a big number. Victims took about $47 billion of that, or 70%.

That is another major problem. A 2004 study estimated the pain and suffering of victims at $36 billion—another major problem.

A significant number of eligible victims do not claim compensation, often because they do not even know that they are entitled to it. We are talking about costs and amounts, but victims are not necessarily well compensated. Is it really by going after small amounts here and there that we will be able to adequately compensate those individuals?

I have a hard time putting myself in the shoes of a victim, because I have never been a victim of crime or anything else. I am really lucky, knock on wood. I hope that this does not happen to me or my family. I do not think that an amount of money would fix things. It is more about getting help. Money can sometimes help in seeking assistance, but it would be better if we came up with a more helpful measure for victims.

I have a few quick questions for the government. Perhaps I might get an answer. Bill C-37 overlaps with another private member's bill, Bill C-350, which also seeks to increase offenders' accountability. How will those bills overlap? Will they complement each other? I do not know. I am just wondering.

With the removal of the discretionary power of judges to waive the surcharge, does this measure not become excessively punitive in some cases? I am referring to low-income offenders or people with mental health problems. We know those people exist. I am not saying this to minimize the suffering of victims, but we have to think about offenders with mental health problems.

I am wondering once again how we will ensure that the money really goes to victims' groups that really need it. I also feel that the government should consult with organizations working with victims on the ground. I think that would be very useful. In my riding, for instance, we have the sexual assault centre CAVAS that does an outstanding job with little money. The hon. members opposite must surely have similar organizations in their ridings. It might be worthwhile to go talk to those groups that work on the ground in our communities to see how we can fix all this.

In conclusion, I would like to come back to what my colleague from Laurier—Sainte-Marie was saying earlier. When we talk about crime, we need to think about prevention, first and foremost, which comes before punishment. Education and fighting poverty are also important. Wealthier societies have less crime. Wealth does not solve all problems, but it can help considerably. I would be remiss if I did not mention affordable housing, since that is an important issue for me. When people have suitable housing and can eat three meals a day, that helps reduce crime rates significantly. So why not make that our first priority?

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, before I start I believe it is my duty to inform you that I will be sharing my time with the member for Laurier—Sainte-Marie.

With that, I would also like to welcome everyone back from a long summer, where we hopefully had some time to sit back, rest with our family, recharge the batteries and of course help our constituents at the same time.

This afternoon I will be speaking to Bill C-37, which proposes to amend section 737 of Canada's Criminal Code in order to double the amount offenders must pay when they receive their sentence, while making the surcharge mandatory for all offenders.

First let me begin my comments by going through some of the history of victim surcharges before I proceed into why New Democrats believe this legislation merits passage at second reading and closer scrutiny at the justice committee, where I am hopeful all the necessary changes will be agreed to by all parties.

A victim surcharge is an additional sanction imposed at the time of sentencing to offenders found guilty of a crime. It is collected by provincial and territorial governments and used to provide programs and services for victims of crime in the province or territory where that crime was committed.

Specifically, Bill C-37 proposes to first amend the provisions of the Criminal Code relating to the amount of the victim surcharge, to double the amount. Under this proposal, the surcharge would be equivalent to 30% of any fine imposed on the offender or when no fine is imposed would be $100 for summary conviction offences and $200 for indictable offences.

The bill also removes the ability of a court to waive the victim surcharge if the offender can show that paying the surcharge would result in undue hardship to his or her dependents, for example. This is an important aspect of the bill, which deserves to be studied further as there are certainly cases where the imposition of the victim surcharge could indeed cause unnecessary hardship, while removing the ability of the judiciary to apply discretion is a troubling trend we are seeing across all the justice bills that the government has introduced.

Although judges' discretionary powers have been removed in terms of waiving the surcharge, under this bill as it is currently proposed judges would retain the discretionary power to increase the victim surcharge if they believe that circumstances so warrant and that the offender is able to pay. Therefore, on one hand, the bill removes the discretionary power of judges, while keeping some discretionary powers intact.

From my perspective, maintaining the discretionary power of the judiciary under both circumstances would seem to make sense as indeed there are many extenuating circumstances in which forcing an offender to pay the surcharge would have an unnecessarily harsh effect. When I mention this, I am particularly concerned about offenders who have a clear history of mental illness and may be unable to pay that surcharge. This is one aspect of the bill that has raised alarm bells for important organizations, like the Elizabeth Fry Society and the John Howard Society. This underscores the need for more intensive study of the component when the bill reaches the justice committee.

One positive aspect of the bill, which seems to offer respite for individuals as mentioned above, is the inclusion of a mechanism that allows offenders who are unable to pay the surcharge the opportunity to participate in a provincial fine option program, where these programs are in place. They allow offenders to pay their fines by earning work credits in the province or territory where the crime was committed. Ensuring that these programs are in place in all 13 jurisdictions across Canada seems necessary to ensure that it is possible to apply this provision equally and fairly to offenders, regardless of the province where they reside.

Another important piece of this proposal, which to my mind needs to be mentioned, is the fact that increasing the victim surcharge will have a direct impact on providing services to victims who would therefore directly benefit from increased victim surcharges. This is important to note because I have heard from victims within my community of Sudbury who have had difficulty accessing these services. An increase in the funding, which these programs receive, would certainly address some of the shortfalls that have been brought to my attention by both victims themselves and victims rights groups within my riding.

Let me sum up some of the remarks by mentioning the economic impact that crime has on communities right across our great country and how increasing the victim surcharge might act as a meaningful deterrent, particularly in cases of vandalism. According to statistics collected in 2003, crime costs Canadians around $70 billion on an annual basis. Of this, $47 billion was assumed by the victims, representing a total of 70%. We have heard some other statistics, such as 83%, and I am sure there are a few others other there, but it is still too high.

One local example of this economic impact should serve as an excellent example of why exploring the idea of increasing the surcharge is, in fact, beneficial, especially in cases involving small businesses forced to deal with senseless vandalism. Back in June in my great riding of Sudbury, the owners of Azian Cuisine were forced to pay out over $6,000 in cleanup costs, for a second time, to remove targeted graffiti, which has become a major problem for business owners across my riding.

Although increasing the victim surcharge would not directly address targeted acts of vandalism like this, if perpetrators of these crimes were aware that there was a mandatory monetary penalty in addition to any fines waiting for them, it may act as a deterrent against committing these acts in the future. It is also my hope that with increased moneys for victim programs, the provinces may in fact establish programs to assist small business owners, like those at Azian Cuisine in Sudbury, who are forced to deal with repeated acts of vandalism against their businesses.

Let me be clear. The NDP staunchly supports victims of crime and their families and respects the recommendations of the Ombudsman for Victims of Crime, and any assertions otherwise are utterly false.

With that being said, we continue to have concerns about this bill, which merits further study, discussion and witness testimony in committee, particularly regarding the decreased discretionary powers of judges to decide if paying a surcharge would cause undue hardship. We in the NDP believe in the importance of the discretionary powers of judges, and the autonomy of judges is restricted within this bill.

While the withdrawal of the undue hardship clause and the provisions seeking to double the surcharge amount could be problematic for low-income offenders, this is offset by the fact that this bill provides people with the option of paying their fines by working for the provincial fine option program. I support having this balance studied further in committee hearings in order to ensure that it is indeed appropriate, especially for provinces and territories where this program is not yet in place.

With that, I look forward to questions.

[Robert Goguen, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am pleased to take part in the second reading debate on Bill C-37, the Increasing Offenders’ Accountability for Victims Act, which concerns victim surcharges.

As hon. members are aware, the government is determined to help victims of crime and make offenders accountable for the harm they have caused victims and law-abiding citizens.

Bill C-37 would help make offenders accountable by doubling the amount of the victim surcharge to be paid by offenders and making sure that the surcharge is imposed automatically in all cases.

The government is continuing to deliver on its promises regarding the concerns of victims of crime. In our electoral platform, we made a commitment to make amendments to the Criminal Code that would double the amount of victim surcharges and make their imposition mandatory in all cases, without exception. The government reaffirmed this commitment in the Speech from the Throne, and we have done exactly what we promised to do.

Victim surcharges form part of an offender’s sentence and they are consistent with the sentencing principles in the Criminal Code. They provide reparations for the harm done to victims and to the community and promote a sense of responsibility in offenders.

The amount of the victim surcharge has not increased since the year 2000. Moreover, we know that the surcharge is not imposed in all appropriate cases. This is unacceptable, and our government is determined to make offenders accountable to their victims.

The bill aims to remedy these shortcomings in a number of ways. First, it proposes doubling the amount of the federal victim surcharge by making it 30% of the fine imposed on the offender for the offence. If no fine is imposed, the surcharge will be $100 in the case of an offence punishable by summary conviction and $200 in the case of an offence punishable by indictment.

I would like to underscore the fact that the sentencing judge also has the discretionary authority to impose an even higher surcharge if circumstances warrant and if the offender has the means to pay it.

Second, the bill removes the discretionary authority of the sentencing judge to waive payment of the victim surcharge if it constitutes undue hardship for the offender or his or her dependents. However, the bill allows offenders to pay the surcharge under fine option programs in provinces and territories where such a program exists.

Fine option programs for adult offenders have been set up in all territories and in all but three provinces. Fine option programs for young offenders exist in two territories and in all but four of the provinces. This type of program enables offenders to pay their fine by working at the minimum wage.

In her most recent report entitled “Shifting the Conversation”, the Federal Ombudsman for Victims of Crime recommends that the victim surcharge be mandatory in all cases, without exception. Other victims’ rights advocates have made the same recommendation.

The proposed amendments to the Criminal Code would make it possible to ensure that all convicted offenders are given a sentence that makes them accountable to the victims of crime and the members of communities.

As hon. members are no doubt aware, provincial and territorial services providing assistance to victims are partly funded by money coming from federal victim surcharges. The amount that is collected and held by provincial and territorial governments is used to defray the costs of the program and to provide the victims of crime with support services in the province or territory where the crime was committed. The federal government receives no money from federal victim surcharges.

The introduction of this bill builds on previous actions by the government to ensure that victims have a stronger voice in the criminal justice system and that they have better access to the available services.

In fact, doubling the victim surcharge is intended to complement the other measures taken by the government to help the victims of crime.

In budget 2011, the government renewed the annual $13 million funding for the federal victims strategy. In budget 2012, the government made a commitment to grant additional funding to the victims fund. On April 23, the Minister of Justice announced an additional $7 million over five years for the victims fund.

The federal victims fund now amounts to some $11.6 million a year that goes to provincial and territorial governments, to victims support agencies and to other partners in order to provide support for services, projects and initiatives that promote access to justice and a greater awareness of the services available to the victims of crime and their families.

Under the victims fund, the following activities and projects, to name just a few, will be carried out in Canada: in Newfoundland and Labrador, it will be easier for victims to attend sentencing hearings and to present victims’ impact statements.

The courtrooms will also be adapted for children in order to help the most vulnerable victims and witnesses to crime when they take part in legal proceedings.

In New Brunswick, the parents of child victims of sexual assault will have access to better services; public legal education and information resources will be updated and widely distributed in order to help children and other vulnerable victims; and access to services for adults who were sexually assaulted in childhood will be improved.

In Saskatchewan, law enforcement personnel will receive training that will enable them to recognize the victims of hate crimes and provide them with assistance; and the province’s courtrooms will be endowed with devices making it easier for children and other vulnerable witnesses to provide evidence.

In Yukon, victims who live in rural areas will have better access to assistance providers in communities served by circuit courts.

In Alberta, access to assistance services by victims living in remote rural areas will be improved.

In Prince Edward Island, the protocol for dealing with sexual assault of children will be updated and the officers working directly with children and young victims will be given training. Solid relationships will be established with the child advocacy centre at the Izaak Walton Killam health centre in Nova Scotia in order to improve support for child victims and their families.

Public legal education and information material will be drafted and published in 18 languages in the various communities in Manitoba.

Specialized training to deal with the trauma and crime victimization that is specific to Nunavut will be developed and distributed and new ways will be sought to help the victims of crime in the community.

In Ontario, victims of crime in remote communities will have better access to a wide range of specialized services.

These are only a few examples of the excellent work being done throughout Canada to provide assistance to the victims and improve their experience with the criminal justice system.

In addition to the funding granted by the victims fund, the money from victims surcharges will also make it possible to help provinces and territories provide services to the victims under their jurisdiction. This is an excellent example of federal, provincial and territorial co-operation on issues of very great importance to all levels of government.

I would also like to draw the members' attention to the 2012 National Victims of Crime Awareness Week that was held from April 22 to 28 this year. This year's theme was "Moving Forward" and it focused on the devastating impact of crime on the lives of victims and their need to be treated with compassion and respect for their dignity.

The theme also underlined the work accomplished by the various levels of government as well as by the dedicated professionals and volunteers who provide services to the victims to help them move forward and rebuild their lives.

The federal victims fund provides funding to victims' services organizations in all provinces and territories in order to hold more than 160 important events during National Victims of Crime Awareness Week.

I hope the honourable members were able to take part in the activities that were held in their riding in support of the important work being carried out by victims' services organizations and to see first-hand the courage and resilience of victims of crime.

I urge all members in this House to support this bill, because we must help the victims of crime in every way possible in the hopes of facilitating their recovery.

[Chris Charlton, NDP, Hamilton Mountain, ON]

Mr. Speaker, I welcome the comments by the member for Charlottetown. I could not agree more that the government's record on poverty reduction has truly been a national disgrace.

I can tell by the way he framed his comments that he is quite sincere about wanting to join in the fight against poverty in a passionate and serious way. I will not hold it against him, since he is new to the House, that the Liberal government itself did not have a particularly good record over its 13 years in office in dealing with the very issues he outlines as now being the problem.

There was no national child care policy. There was the gutting of the national housing strategy and the theft of the now up to $54 billion out of the EI fund. There was no living wage policy, and in essence the Liberal government at the time laid its deficit on the backs of the most vulnerable. I would suggest that maybe for purposes of debate this afternoon, we actually stick to the bill that is before us, which is Bill C-37.

Yes, there is indeed a link between crime and poverty, but by removing the discretionary power of the judge to increase the surcharge, are we not in some cases making this measure excessively punitive? It speaks to what he was saying, because I think it is particularly true in cases for low income offenders or offenders who suffer from mental illnesses.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I would say it is a bit of both in the sense that we ran and have always run on behalf of victims in Canada.

We have always said we wanted to be there for victims, and it is a question of finding how we can better be there for them. In itself it is not a bad idea that the bill is based on the fact that it is supposed to be money to help victims and associations for victims.

That being said, we also want to make sure, before we give our final seal of approval, that we get the answers to all the questions we have, and there are serious questions on Bill C-37. For example, are we sure the money would go to victims? Would the discretion be removed that judges used to have when somebody has an incapacity to pay the surcharge? Also, if there is a province or territory that does not have these programs, what do we do? Would it be fair for these people? Is it just? We have a few questions that I hope will be answered in committee.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I am going to speak about section 737 of the Criminal Code.

First, I would like to welcome everyone. I hope that we are all returning with the attitude needed to try to work together, particularly on bills such as Bill C-37 to amend the Criminal Code, entitled the Increasing Offenders' Accountability for Victims Act.

We are at second reading and we have to determine whether we will vote to send the bill to the Standing Committee on Justice and Human Rights for more in-depth study.

I hope that everyone has come back with a good attitude because I still believe that this is doable and that we are here to try once again to ensure that the best bill possible comes out of this chamber, regardless of the party to which we belong. I will always say the same thing in all of my speeches.

What is Bill C-37? I really enjoyed my colleague's speech. In fact, I would like to tell her publicly just how much I enjoyed working with her this summer on the work pertaining to the Supreme Court appointments. This showed me that we are capable of working in a non-partisan way when we want to. I hope that we can do the same with regard to Bill C-37, which proposes to amend the provisions of the Criminal Code on victim surcharges. It seems like a good thing when we say it like that. It seems simple. It seems to say that no one can be against motherhood and apple pie.

I can say right away that the members of the New Democratic Party will support this bill at second reading so that it can go to committee.

The parliamentary secretary explained in her speech that the purpose of a victim surcharge is to help victims. That seems like a good thing, but it is important to understand that this is an additional sanction imposed when an offender who has been found guilty is sentenced. In theory, no one can be against such action because the person who committed the crime is paying the price for doing so.

When this was added to the Criminal Code, there were some jurisprudential debates. At the time, it was said that this was a little-used punishment, that it might not fall under federal jurisdiction, and that it was a hidden tax, because this surcharge was designed to be used to fund victims' assistance programs. The courts ruled that this clearly fell under federal jurisdiction. However, it is seen as an additional punishment. That must obviously be clear in people's minds.

The surcharge is collected and kept by provincial and territorial governments. It serves to fund programs and services for victims of crime in the province or territory where the crime was committed. Once again, I do not think that anyone would necessarily disagree with that.

Some colleagues asked the parliamentary secretary some questions. When we learned that the government would introduce this bill, we conducted a study and it was obviously a question that immediately came to mind. Organizations that support victims of crimes and the Federal Ombudsman for Victims of Crime clearly explained that there is a huge need for funding. Many individuals have spoken publicly about how victims are often forgotten.

I would like to make an aside, simply because, in light of an answer that the Minister of State for Small Business and Tourism gave today in this House, I am not even sure that the government that introduced Bill C-37 is sufficiently concerned about the opinions of victims. The government announced in this House that it was appealing the decision rendered by Justice Blanchard in Quebec last week regarding the long gun registry, a tool supported by victims' groups, not only in Quebec, but across Canada.

It does not seem as though the government is listening to victims, in all cases, but when it comes to having more financial resources, the message was received.

My main concern is that, once again, research has shown that not all of the money reaches victims' associations. I will be able to expand on this position before the committee, if the bill passes second reading.

This is one of the NDP's concerns. We believe that being there for victims, tackling crime and rehabilitating criminals really mean something. These are not simply idle expressions, said just to make the headlines or simply to look good for a five-minute media scrum. These are important factors, because this is what is truly needed and what must be done.

Unfortunately, this government seems to react to media attention. My colleague from Longueuil—Pierre-Boucher asked a question that touches on a crucial point regarding Bill C-37: the lack of confidence this government has in the Canadian judiciary. I am absolutely amazed by this every time. We have heard about certain isolated cases during call-in radio shows, for instance. I have taken part in call-ins; I used to host a radio program and a television program. We have all read stories in the newspaper about people who served part of their sentence, were released from prison and then committed another crime. However, what the story does not relate is that for every one such person, a hundred others behaved appropriately, and the sentences were appropriate.

We need to strike a balance between the desire for immediate results and measures that can have a real impact. Will surcharges achieve the desired goal, which is to help the victims of crime? I hope to find answers to these questions during the committee's examination.

It must be understood that the bill amends the provisions pertaining to the amount of the surcharge, which, under subsection 737(2), would increase from 15% to 30% of any fine imposed on offenders. If no fine is imposed, the surcharge would increase from $50 to $100 in the case of an offence punishable by summary conviction and from $100 to $200 for an offence punishable by indictment.

There is another aspect, which concerns the discretion of the judge. When a judge is considering a criminal case, he does not do as he pleases. He must consider certain rules, principles and concepts before making a decision. The government cannot be constantly implying that judges are simple puppets who make decisions without thinking. I do not believe that. I have a legal background. I have been involved in many cases and I have seen how seriously judges take cases every day. They try to deliver justice in a fair and balanced way by considering that every case is unique.

That is often the problem with the Conservatives. They take a one-size-fits-all approach without considering that every case is unique.

We have to be realistic. I will give the example provided by a lawyer to support one point of view. A young man commits a Criminal Code offence. He pleads guilty to drawing graffiti here and there. He will be automatically ordered to pay a surcharge. If convicted of 12 counts of the offence, he will have to pay 12 times the surcharge. Will he be able to do so? The member for Delta—Richmond East, whom I greatly respect, seems to be saying that he can work if he is unable to pay.

The problem is that the provincial-territorial program does not apply across Canada. That is one more problem with Bill C-37. We cannot simply rely on the discretion given to the judge under subsection 737(5) because it will be removed or repealed by Bill C-37. People are claiming that this is not serious and that people who cannot pay will have to work so that they can pay the amount. But this will not necessarily be the case everywhere.

The other point that is often raised is this: in some areas of the country, aboriginals are often hauled before the courts and are unable to pay. There will be some imbalance in that respect. Some people are saying that it is not serious because "if you commit the crime, then you pay for the crime”. Perhaps, but if we believe in a balanced approach, one that punishes and ensures that the person will not reoffend, rehabilitation must come into play.

I do not want to see people so hardened by prison that they become a threat to public safety. We cannot keep people in prison for life when the offences they committed are not as serious as murder, say. We have to understand that these people will leave prison one day. What condition and what mood will they leave in?

If, as was done this summer, you increase the number of inmates per cell for a few weeks—the inmates are serving a minimum sentence because the judges do not have a choice anymore—that gives you some idea of the type of society that is being created.

The government claims to be in favour of law and order and public safety, two things that go together. But for law and order to reign, we need laws that hold up.

Now, Parliament is passing laws that are being challenged one after another before the courts. These laws reverse positions and thwart the work done by the committees. What is more, the committee members clearly told the government that some provisions made no sense. And measures are now being taken that are making people feel insecure.

A person who receives a fine or sentence of imprisonment and who has a debt of $2,000 will have further debt upon leaving prison.

By the way—often the right hand does not know what the left hand is doing—this week, another bill will make an appearance: Bill C-350. I encourage the members of the House to assess the impact of Bill C-350 in relation to that of Bill C-37. Bill C-350 will prioritize fine payments and criminals' taking responsibility and ensure that this surcharge is the third priority.

Sometimes it is not the criminal that is in one hell of a mess—if you will pardon my language—but the criminal's family. All of these aspects need to be considered. I encourage the members opposite to study the bill closely.

We all agree on helping the associations that help the victims themselves, that have always asked us for our help. Among others, I am thinking of CALAS, the Centre d'aide et de lutte contre les agressions sexuelles de l'Outaouais, which is doing extraordinary work in my community.

Every time I talk to the directors of these organizations, they always say the same thing, which is that there needs to be greater awareness. They are performing miracles with very little.

Victims always say that, no matter how much they are paid, they will never be in the position they were in before the crime was committed. We can forget that. The rest is pure nonsense and is just for the cameras, which is unfortunate. If the government really believed in helping the victims, it would walk the talk and ensure that the victims have the support they need.

Sometimes, it is not just about money. Sometimes, resources have to be available to the victims so that they can receive the services they need.

I urge hon. members to support the bill at second reading, but to be realistic. We need to get serious answers to a lot of questions before we can give our final seal of approval to this bill. We need an answer to the following question: what is being done in the provinces and territories where there are no programs that give the option of working instead of paying the surcharge? We need to make sure that the money is really going to the victims, that it is not floating around somewhere or that it is not being used for something else.

Another hon. member pointed out the issue with costs. The government does not admit it, but legal associations—be it the Canadian Bar Association or the Barreau du Québec—from coast to coast will tell you that there are justice issues. A society must have a justice system that holds up; a society is founded on justice. Yet we see what this country needs in terms of legal aid and our society does not seem to be concerned. In terms of prisons, we are talking about increasing the number of inmates, closing some prisons and building others. There is something illogical about this, which raises concern when we are faced with these types of bills.

We will need to get some serious answers. My hope is that the committee will be able to work with a view to getting answers to those questions to be able to come back here and say to the rest of the hon. members that yes, the bill can get the seal of approval, that yes, it is a good bill for victims and that it will fulfill the purpose for which it was designed. It will not try, once again, to divide us by saying that they support victims and we support criminals. That is absolutely not the case.

So we will vote in favour of the bill, hoping that the committee will do the serious work that it is mandated to do.

[Kerry-Lynne Findlay, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am pleased to participate in the debate at second reading of Bill C-37, the Increasing Offenders' Accountability for Victims Act, concerning victim surcharges.

Bill C-37 would make offenders more accountable by doubling victim surcharges for offenders and by ensuring that surcharges are applied automatically in all cases.

Clearly, the Conservative government is keeping its promises with respect to the concerns of victims of crime.

I am pleased to be here today to speak on Bill C-37, Increasing Offenders' Accountability for Victims Act. The bill would make convicted offenders more accountable to victims of crime by doubling the victim surcharge that offenders must pay and ensure that the surcharge is automatically applied in all cases.

The underlying philosophy of the federal victim surcharge in subsection 737(7) of the Criminal Code is that the surcharge is imposed for the purpose of providing assistance to victims of offences. As I will explain, surcharge revenues fund a wide variety of programs and services to assist victims of crime.

Our government, in its electoral platform, committed to amending the Criminal Code to double the victim surcharge and make it mandatory in every case, without exception. The Speech from the Throne reiterated this commitment.

The victim surcharge was first enacted in 1989, and at that time it was called a victim fine surcharge. The surcharge was set as a maximum amount, and in many cases very low amounts were imposed. Research was conducted by the Department of Justice in the early 1990s in British Columbia and Ontario to review the impact of the new surcharge provisions at the time. The research reports revealed that in many cases the imposition of the surcharge was ignored or forgotten, particularly where the disposition was something other than a fine. In situations were a jail term was imposed, judges often relied on the undue hardship provision to waive imposition.

In addition, the imposition of the surcharge where a term of imprisonment or other non-fine disposition was imposed was criticized as disproportionate to the gravity of the offence. Another reason cited explaining the lack of acceptance of the surcharge included the perception that surcharge revenue would be deposited into general revenues with no guarantee that existing services for victims would be expanded or new services developed.

In summary, the low revenue from the federal surcharge was attributed to a few key factors, including lack of awareness, concerns regarding the use of surcharge revenue and some lack of clarity in the amount set out in the code.

In 1998, the Standing Committee on Justice and Human Rights tabled a report entitled, “Victims' Rights - A voice, not a veto”, following its review of the victim's role in the criminal justice system. The committee noted the problems with the original surcharge provisions, including the inadvertent failure of judges to impose the surcharge and non-aggressive enforcement and collection initiatives. The report affirmed that additional resources were needed to provide adequate victim services across the country and that increasing the victim surcharge would be a reasonable way to generate more revenue, particularly given that the maximum surcharge amounts had not increased since 1989.

In 2000, two amendments were made to the surcharge provision. The surcharge became a fixed amount and became automatic unless the judge ordered a waiver because of undue hardship to the offender. The term “fine” was also dropped to avoid the interpretation that it was only applied in addition to fines.

In 2006, the Department of Justice published the “Federal Victim Surcharge in New Brunswick: An Operational Review”. The objective of this research project was to develop a better understanding of the challenges and possible solutions to the federal victim surcharge regime in the province of New Brunswick, to identify challenges that are present in the current process and to generate possible solutions to circumvent impediments in maximizing the effectiveness of this process.

Despite the fact that imposition of the surcharge is supposed to be automatic unless the offender can convince the sentencing judge that it would cause undue hardship, the victim surcharge is not being applied in cases even where the offender would have the ability to pay. The research has shown that the victim surcharge is not being applied in all appropriate cases for several reasons, including, as previously noted, a presumption that an offender who is sentenced to jail time will not have the means to pay, and a lack of awareness of how the money from the victim surcharge is used. Under the current victim surcharge regime, offenders who are not able to pay the victim surcharge without incurring hardship are simply exempted from making the payment. This bill would address many of these issues.

The amount of the victim surcharge has not been increased since 2000. The new proposed surcharge would be 30% of any fine imposed on the offender. Where no fine is imposed, the surcharge would be $100 for offences punishable by summary conviction and $200 for offences punishable by indictment. In addition, the judge would retain the discretion to impose an increased surcharge where the circumstances warrant and the offender has the ability to pay.

As the surcharge money is used by the provincial or territorial government where the crime occurred to help fund their services to victims of crime, raising the victim surcharge amounts will benefit victims of crime in general and make offenders more accountable.

As I noted earlier, under the current law, sentencing judges have discretion to waive the victim surcharge when it can be demonstrated that its payment will cause undue hardship to the offender, or his or her dependents. This bill would remove the waiver option to ensure that the victim surcharge is applied in all cases, without exception.

Because failure to pay a surcharge could ultimately result in an offender being incarcerated, the Criminal Code would also be amended to allow offenders who are unable to pay the surcharge to participate, where such programs exist, in a provincial fine option program. This would allow an offender to satisfy the payment of the surcharge by earning credits for work performed in the province or territory where the crime was committed.

The surcharge amendments will result in an increase in services and assistance in all provinces and territories for victims of crime. All of the money paid to the victim surcharge is collected and retained by the provincial and territorial governments. The surcharge is put into a provincial or territorial fund, usually called a victims fund. The money is used to help fund programs, services and assistance to victims of crime in the province or territory where the crime occurred.

Most provinces and territories have also enacted their own legislation to impose a surcharge on provincial and territorial offences. Revenue from such provincial or territorial surcharges is also deposited in a special victims fund along with the federal surcharge revenue and is used to provide services directly to victims.

The imposition of a provincial or territorial surcharge is automatic. In other words, it is added to the fine imposed for the provincial or territorial offence. Payment is usually enforced by the non-renewal of licences. For example, a parking ticket will include the surcharge amount, and the payer is obligated to pay the whole amount or risk not having their driver's licence or other permits renewed or issued.

As I noted earlier, raising awareness among criminal justice system personnel about the benefits of the surcharge is challenging. It is often regarded as simply another tax to raise money for unknown benefits. The Criminal Code clearly requires that the revenue be used to provide assistance to victims of crime. Provincial and territorial victim legislation has the same requirement for surcharge revenue.

If anyone doubts the need for victim services and the need for this revenue to be used to support such services, let me spend a few moments providing some concrete examples of how this revenue can be and is used. Surcharge revenue may be used to provide direct services to victims of crime, such as information on the criminal justice system and court processes, referrals for counselling to assist victims in dealing with the trauma of being victimized, court preparation, court support for vulnerable persons, assistance in preparing victim impact statements, victim notification of offender release from provincial institutions, victim notification of reviews and outcomes in cases where the accused has been found not criminally responsible, and compensation programs for victims of crime.

I could provide a coast-to-coast view of victim services, but the following examples will provide a good sample.

New Brunswick has victim service coordinators in 15 offices, who are responsible for direct service programs. The New Brunswick victim services program offers a court-based victim/witness assistance and court-support program. Coordinators assist victims of crime through the provision of a number of services, including providing direct support in crisis situations, completing safety assessments for domestic violence cases, liaising with police and other community agencies providing victim services to ensure a continuum of care and, since 2007, specialized victim services for the pilot domestic violence court. Surcharge revenues also provide funding for the New Brunswick trauma counselling program, which is available to assist victims of crime in dealing with the therapeutic needs arising from the criminal offence or the trauma of disclosure that often impedes victims from testifying in court. The New Brunswick court-support program is another example of programs funded by provincial and federal surcharges.

In Ontario, surcharge revenue funds a wide range of services provided to victims of crime. There are 39 sexual assault and rape crisis centres, including centres that provide French-language services. They provide a 24-hour crisis and support line; group and one-on-one counselling; accompaniment to hospital, court or police; information and referral services; and public awareness sessions. The Ontario victim crisis assistance and referral services provide short-term assistance on a 24/7 basis to victims at the scene of a crime and make referrals to community services for longer-term assistance. With the consent of the victim, the police can call a highly trained team of volunteers to the scene. More than 50 victim crisis assistance and referral services sites are located throughout Ontario to deliver the victim quick response program. Surcharge revenues help to fund the Ontario victim support line, which provides a province-wide, toll-free information line in English and French. Surcharge revenues also fund the Ontario child witness project, which provides specialized preparation and support to child victims and/or witnesses and their caregivers. They work closely with the victim/witness assistance programs in their communities.

Revenue from the surcharge is put to good use in Saskatchewan where the Victim Services Branch directly delivers several programs including: the victims compensation program to provide payment for reasonable expenses resulting from violent crimes; the restitution program to increase the amount of restitution collected from adult offenders and paid to victims in a timely manner; and victim/witness service programs to assist children and other vulnerable witnesses who are required to testify in court. The surcharge revenue also makes it possible for the Saskatchewan Victim Services Branch to support community agencies and municipal police services to assist victims of crime. For example, there are 18 police-based victim service programs to provide support, information and referrals to victims of crime and tragedy. There are six aboriginal resource officer programs that work with local police-based victim services programs to assist aboriginal victims and their families. There are seven aboriginal family violence programs, and there are eight "children who witness violence" programs, which work to assist children and help prevent them from entering the cycle of violence as victims and offenders.

These examples demonstrate concretely how surcharge revenue is used by provinces and territories to fund victim services and why it is so important.

While the goal of this bill is to ensure the accountability of offenders to victims by strengthening the victim surcharge provisions in order to provide more resources for victim services, the reality is that some offenders will never be able to pay the surcharge. In light of this, members may question how the goals of the surcharge can be accomplished.

Allowing offenders who are not able to pay the victim surcharge to participate in fine option programs is consistent with the goals of this legislation, because working off the surcharge would remind offenders of the harm that their actions have done to their particular victim, to all victims of crime and to the larger community. The fine option program within each province or territory determines the rate at which credits are earned for the work performed by the offender. For example, if the provincial or territorial fine option program determines that one hour of work equals $10, the offender would need to work 10 hours to pay a $100 surcharge penalty or 20 hours to pay a $200 surcharge penalty.

In Manitoba, for instance, the fine option program provides that a person who has been fined can register at a local community resource centre and will be assigned community work. Centres are located throughout the province and at several sites in Winnipeg. They determine the number of hours of work needed at the Manitoba minimum wage rate to pay the fine and assign and monitor the work to its completion. Work may include repairs or maintenance to churches, schools, halls, seniors residences, parks and other community sites. Failure to complete the assigned task would result in a warrant being issued.

The introduction of the bill builds on the government's previous actions to ensure that victims of crime have a greater voice in the criminal justice system and more access to available services.

In 2007, the government announced the federal victims strategy and committed $52 million over four years to respond to the needs of victims of crime. This funding was renewed at $13 million per year in 2011.

We created the Office of the Federal Ombudsman for Victims of Crime to provide victims with information regarding programs and services available from federal organizations and statutes. The office works to ensure the needs and concerns of victims are taken into account by federal corrections institutions and identifies important issues and trends that may negatively impact victims of crime.

In her recent special report, “Shifting the Conversation”, the Federal Ombudsman for Victims of Crime recommended that payment of the victim surcharge be made automatic. Other victims advocates have made that same recommendation.

Our government has a strong track record of responding to the legitimate concerns of victims. These responses have included a range of criminal law reforms to improve public safety and make offenders more accountable.

For example, the Safe Streets and Communities Act includes important changes strongly supported by victims of crime, such as increasing penalties for sexual offences against children, as well as creating two new offences aimed at conduct that could facilitate or enable the commission of a sexual offence against a child; imposing tougher sentences for serious drug offences; eliminating the use of conditional sentences or house arrest for serious and violent crimes; enshrining a victim's right to participate in parole hearings and enhancing inmate accountability, responsibility and management under the Corrections and Conditional Release Act; extending the ineligibility periods for applications for record suspension, previously called a pardon, to five years for summary conviction offences and to ten years for indictable offences; and allowing victims of terrorism to sue perpetrators and supporters of terrorism, including listed foreign states, for loss or damage that occurred as a result of an act of terrorism committed anywhere in the world.

These changes reflect concerns we have heard from victims and victims' advocates and, indeed, from Canadians of all walks of life.

When our government came to power in 2006, we told Canadians that we would work hard to make our streets and communities safer by addressing the needs of victims. We sought to ensure that victims voices were heard. We wanted to increase offender accountability. I am very proud of the progress this government has made in improving how victims participate in the corrections and criminal justice system in a meaningful way.

The amendments to the Criminal Code proposed in the bill continue that important work. The victim surcharge would directly benefit victims of crime and make offenders more accountable for their actions.

I urge all honourable members of the House to support this bill because we have to make opportunities available to victims of crime in order to support their recovery.

I urge all members of this House to support the bill and to refer it to the Standing Committee on Justice and Human Rights for study.

[Jim Flaherty, Conservative, Whitby—Oshawa, ON]

moved that Bill C-37, An Act to amend the Criminal Code, be read the second time and referred to a committee.

Extension of Sitting Hours

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

That, pursuant to Standing Order 27, the ordinary hour of daily adjournment shall be 12 midnight, commencing on Monday, June 11, 2012, and concluding on Friday, June 22, 2012, but not including Friday, June 15, 2012.

Today I rise to make the case for the government's motion to extend the working hours of this House until midnight for the next two weeks. This is of course a motion made in the context of the Standing Orders, which expressly provide for such a motion to be made on this particular day once a year.

Over the past year, our government's top priority has remained creating jobs and economic growth.

Job creation and economic growth have remained important priorities for our government.

Under the government's economic action plan, Canada's deficits and taxes are going down; investments in education, skills training, and research and innovation are going up; and excessive red tape and regulations are being eliminated.

As the global economic recovery remains fragile, especially in Europe, Canadians want their government to focus on what matters most: jobs, economic growth and long-term prosperity. This is what our Conservative government has been doing.

On March 29, the Minister of Finance delivered economic action plan 2012, a comprehensive budget that coupled our low-tax policy with new actions to promote jobs and economic growth.

The 2012 budget proposed measures aimed at putting our finances in order, increasing innovation and creating suitable and applicable legislation in the area of resource development in order to promote a good, stable investment climate.

The budget was debated for four days and was adopted by the House on April 4. The Minister of Finance then introduced Bill C-38, Jobs, Growth and Long-term Prosperity Act, the 2012 budget implementation bill. The debate at second reading of Bill C-38 was the longest debate on a budget implementation bill in at least two decades, and probably the longest ever.

On May 14, after seven days of debate, Bill C-38 was passed at second reading.

The bill has also undergone extensive study in committee. The Standing Committee on Finance held in-depth hearings on the bill. The committee also created a special subcommittee for detailed examination of the bill's responsible resource development provisions. All told, this was the longest committee study of any budget implementation bill for at least the last two decades, and probably ever.

We need to pass Bill C-38 to implement the urgent provisions of economic action plan 2012. In addition to our economic measures, our government has brought forward and passed bills that keep the commitments we made to Canadians in the last election.

In a productive, hard-working and orderly way, we fulfilled long-standing commitments to give marketing freedom to western Canadian grain farmers, to end the wasteful and ineffective long gun registry, and to improve our democracy by moving every province closer to the principle of representation by population in the House of Commons.

However, in the past year our efforts to focus on the priorities of Canadians have been met with nothing but delay and obstruction tactics by the opposition. In some cases, opposition stalling and delaying tactics have meant that important bills are still not yet law. That is indeed regrettable.

In the case of Bill C-11, the copyright modernization act, a bill that will help to create good, high-paying jobs in Canada's creative and high-tech sectors, this House has debated the bill on 10 days. We heard 79 speeches on it before it was even sent to committee. This is, of course, on top of similar debate that occurred in previous Parliaments on similar bills.

It is important for us to get on with it and pass this bill for the sake of those sectors of our economy, to ensure that Canada remains competitive in a very dynamic, changing high-tech sector in the world, so that we can have Canadian jobs and Canadian leadership in that sector.

Bill C-24 is the bill to implement the Canada-Panama free trade agreement. It has also been the subject of numerous days of debate, in fact dozens and dozens of speeches in the House, and it has not even made it to committee yet.

Bill C-23 is the Canada-Jordan economic growth and prosperity act. It also implements another important job-creating free trade agreement.

All three of these bills have actually been before this place longer than for just the last year. As I indicated, they were originally introduced in previous Parliaments. Even then, they were supported by a majority of members of this House and were adopted and sent to committee. However, they are still not law.

We are here to work hard for Canadians. Adopting today's motion would give the House sufficient time to make progress on each of these bills prior to the summer recess. Adopting today's motion would also give us time to pass Bill C-25, the pooled registered pension plans act. It is a much-needed piece of legislation that would give Canadians in small businesses and self-employed workers yet another option to help support them in saving for their retirement. Our government is committed to giving Canadians as many options as possible to secure their retirement and to have that income security our seniors need. This is another example of how we can work to give them those options.

In addition to these bills that have been obstructed, opposed or delayed one way or another by the opposition, there are numerous bills that potentially have support from the opposition side but still have not yet come to a vote. By adding hours to each working day in the House over the next two weeks, we would allow time for these bills to come before members of Parliament for a vote. These include: Bill C-12, safeguarding Canadians' personal information act; and Bill C-15, strengthening military justice in the defence of Canada act. I might add, that bill is long overdue as our military justice system is in need of these proposed changes. It has been looking for them for some time. It is a fairly small and discrete bill and taking so long to pass this House is not a testament to our productivity and efficiency. I hope we will be able to proceed with that.

Bill C-27 is the first nations financial transparency act, another step forward in accountability. Bill C-28 is the financial literacy leader act. At a time when we are concerned about people's financial circumstances, not just countries' but individuals', this is a positive step forward to help people improve their financial literacy so all Canadians can face a more secure financial future. Bill C-36 is the protecting Canada's seniors act which aims to prevent elder abuse. Does it not make sense that we move forward on that to provide Canadian seniors the protection they need from those very heinous crimes and offences which have become increasingly common in news reports in recent years?

Bill C-37 is the increasing offenders' accountability for victims act. This is another major step forward for readjusting our justice system which has been seen by most Canadians as being for too long concerned only about the rights and privileges of the criminals who are appearing in it, with insufficient consideration for the needs of victims and the impact of those criminal acts on them. We want to see a rebalancing of the system and that is why Bill C-37 is so important.

Of course, we have bills that have already been through the Senate, and are waiting on us to deal with them. Bill S-2, which deals with matrimonial real property, which would give fairness and equality to women on reserve, long overdue in this country. Let us get on with it and give first nations women the real property rights they deserve. Then there is Bill S-6, first nations electoral reform, a provision we want to see in place to advance democracy. Bill S-8 is the safe drinking water for first nations act; and Bill S-7 is the combatting terrorism act.

As members can see, there is plenty more work for this House to do. As members of Parliament, the least we can do is put in a bit of overtime and get these important measures passed.

In conclusion, Canada's economic strength, our advantage in these uncertain times, and our stability also depend on political stability and strong leadership. Across the world, political gridlock and indecision have led to economic uncertainty and they continue to threaten the world economy. That is not what Canadians want for their government. Our government is taking action to manage the country's business in a productive, hard-working and orderly fashion. That is why all members need to work together in a time of global economic uncertainty to advance the important bills I have identified, before we adjourn for the summer.

I call on all members to support today's motion to extend the working hours of this House by a few hours for the next two weeks. For the members opposite, not only do I hope for their support in this motion, I also hope I can count on them to put the interests of Canadians first and work with this government to pass the important bills that remain before us.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I want to begin by welcoming the new House leader for the official opposition. I look forward to working with him. I anticipate a positive and constructive approach.

In terms of his question relating to the issue of the motion of the House dealing with the Chief Electoral Officer and concerns about whether the statute in place was appropriate for him to do his job, I believe that motion had an expectation of about half a year before the government was to respond. I anticipate we will fulfill that.

On his question about the budget, the government introduced Bill C-38, the jobs, growth and long-term prosperity act. The bill implements key measures from economic action plan 2012. Our plan is working, as we have already created nearly 700,000 net new jobs since the recession. Most of these are full-time jobs.

Canadians want to see a productive, hard-working and orderly Parliament, focusing on their priority, the economy. Thus we hope to have the bill come to a vote on May 14. That target will allow members to study the bill, which implements important measures from the budget that Parliament has already approved.

As hon. members are aware, May 2 will mark the one-year anniversary of Canadians electing a strong, stable, national, Conservative majority government. And it is only fitting that, on this one-year anniversary, after members and caucuses have had close to a week to study the bill, we will debate our government's plan to continue creating jobs and economic growth in Canada. We will continue debate on Bill C-38, the Jobs, Growth and Long-Term Prosperity Act, on Thursday, May 3, and Friday, May 4.

During the budget bill study week, before that debate starts, we will cover other business.

This afternoon we will complete debate on the NDP opposition motion.

Tomorrow we will start debate on Bill C-36, protecting Canada's seniors act, which addresses the great concern of elder abuse. This bill is part of our government's efforts to stand up for victims. This is the end of what has been an important national victims of crime awareness week, where we saw the Prime Minister make an announcement of increased support for families of missing children. We also saw the introduction of Bill C-37, the increasing offenders' accountability for victims act, which follows through on our campaign commitment to double the victim surcharge that convicted criminals pay.

Monday, April 30, will be the second allotted day. In this case, I understand we will debate a Liberal motion. I would invite the hon. member for Westmount—Ville-Marie to share with all members—and, indeed, with Canadians—what we will be debating that day, so that hon. members can prepare.

On Tuesday, we will finish third reading debate on Bill C-26, the citizen's arrest and self-defence act. Based on my discussions with the new opposition House leader, I am confident that we will complete that debate early in the morning.

Then we will move on to Bill S-4, the safer railways act, which was reported back from committee yesterday. Given the importance of improving the safety of our railways, I hope this bill is able to pass swiftly.

Since I anticipate a productive day on Tuesday, I will then call Bill C-36, but only in the event that we do not finish earlier, that is tomorrow, followed by Bill C-15, the strengthening military justice in the defence of Canada act, a piece of legislation that has now been around for three Parliaments and should get to committee where it can again be studied.

Increasing Offenders' Accountability for Victims Act

[Peter Van Loan, Conservative, York—Simcoe, ON]

moved for leave to introduce Bill C-37, An Act to amend the Criminal Code.

(Motions deemed adopted, bill read the first time and printed)