Not Criminally Responsible Reform Act

An Act to amend the Criminal Code and the National Defence Act (mental disorder)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Peter MacKay  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the mental disorder regime in the Criminal Code and the National Defence Act to specify that the paramount consideration in the decision-making process is the safety of the public and to create a scheme for finding that certain persons who have been found not criminally responsible on account of mental disorder are high-risk accused. It also enhances the involvement of victims in the regime and makes procedural and technical amendments.

Elsewhere

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

Criminal CodeGovernment Orders

February 15th, 2023 / 7:10 p.m.
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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, I want my constituents to know that I am staying in the riding to take care of my newborn, but I am happy to participate, in hybrid fashion, on their behalf on this very important subject.

Bill C-39, an act to amend the Criminal Code regarding medical assistance in dying, seeks to delay the expansion of medically assisted death to individuals whose sole condition is a mental illness. We are here today because of previous legislation in the last Parliament, Bill C-7, that responded to the Truchon decision and the justice minister's interpretation of it by removing critical safeguards to accessing MAID, particularly that death must be reasonably foreseeable. However, Bill C-7 contained an arbitrary deadline of March 17, 2023, to expand MAID to those whose sole condition is a mental illness, and now the government is seeking to delay that arbitrary deadline another year down the road.

As I do not want MAID to be offered to those who are solely suffering from a mental health issue, I will be supporting the bill, but I do so in the context of very big and life-altering concerns regarding the direction the Government of Canada has taken since the debate on MAID commenced in 2016.

The Conservatives believe that we should never give up on those experiencing mental illness and should always be focused on offering help and treatment rather than assisted death. The Conservatives will bring forward alternative proposals to support those with mental illness instead of the government's approach.

Going back to 2016, the preamble of Bill C-14 spoke about the vulnerability of persons. It states:

Whereas vulnerable persons must be protected from being induced, in moments of weakness, to end their lives

It also states:

Whereas suicide is a significant public health issue that can have lasting and harmful effects on individuals, families and communities

Man, have we seen a lot of change in the last seven years.

Conservative members at the time, despite these assurances in Bill C-14, observed that the approach of the government was going down a slippery slope. The member for Selkirk—Interlake—Eastman highlighted a concern that has sadly now become a reality in Canada. He stated, “many believe that the policy will be used prematurely to end the lives of those who have become a burden to their families, society, or the medical system.”

At the time, because of big public concerns, many Liberal members were careful when it came to speaking about expanding MAID in the future. The former justice minister, Jody Wilson-Raybould, said, “In terms of eligibility, the policy choice made by the government was to focus on persons who are in an advanced state of irreversible decline and whose natural deaths have become reasonably foreseeable.” The current member for Lac-Saint-Louis said, “Bill C-14 would not normalize medically assisted dying as perhaps has occurred in Belgium and the Netherlands, the two most often cited examples of the slippery slope.”

In the last Parliament, in his charter considerations on Bill C-7, which expanded MAID to include those without a reasonably foreseeable death, the current Minister of Justice cited inherent risks and complexity as a reason not to expand MAID to those with mental illness as a sole condition. However, the Minister of Justice, unfortunately, as we find today, is speaking on both sides of this issue very irresponsibly. On the one hand, he communicated in the Bill C-7 charter consideration that due to the complexity and inherent risks, we should not be expanding MAID to those with mental illness as a sole condition. On the other hand, in the same bill, he included a sunset clause to expand MAID to these Canadians and said that his hands were tied by a Quebec court decision. However, not only has the government refused to challenge it at the Supreme Court, but leading legal experts in our country have stated that his interpretation of the decision is flawed.

After telling Canadians time and again that the legalization of MAID would not lead to a slippery slope by allowing death on demand for any citizen whenever they may want it, the government seems set on expanding MAID to anyone.

I plead with the backbench members of the Liberal Party to stand up against the justice minister today. You have more influence than any Canadians right now to stop what he is trying to do.

Do not forget that in 2016, on Bill C-14, he voted against the—

May 7th, 2020 / 12:05 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Chair, five years ago when Parliament passed Bill C-14, then justice minister Jody Wilson-Raybould said that it represented a finely tuned balance between access and safeguards. It also included a five-year review.

Petitioners on the first petition I'm presenting are very concerned to see Bill C-7 before Parliament, which removes safeguards ahead of that five-year review. Petitioners specifically mention their concerns about the removal of the mandatory 10-day reflection period, which can already be waived in certain circumstances. They are concerned about reducing the number of witnesses required to oversee it and ensure that a request has been properly made. I commend that petition to the consideration of the House.

The second and final petition that I will be presenting today is with respect to Senate Bill S-204. This would make it a criminal offence for a person to go abroad and receive an organ from a person who did not consent. This responds specifically to concerns about organ harvesting in the People's Republic of China involving Falun Gong practitioners and increasing concerns that this is being or about to be applied to Uighurs as well.

Canada can and should take action on this. Petitioners are noting that in the previous Parliament there were bills on this, Bill C-350 and Bill S-240. Now, in this Parliament there is a bill, Bill S-204, and the petitioners hope that this 43rd Parliament will be the one that gets it passed.

Access to InformationPrivilegeOral Questions

October 30th, 2018 / 3:15 p.m.
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Conservative

Lisa Raitt Conservative Milton, ON

Mr. Speaker, I rise on a question of privilege concerning a deliberate attempt by the government to deny me information I requested through Order Paper Question No. 1316. This question read as follows:

With regard to the tweet by the Minister of Environment and Climate Change on November 7, 2017, which stated that “Canada salutes Nicaragua and Syria for joining on to the Paris Agreement”: what are the titles of all individuals who approved the tweet?

The answer states:

We have been clear: the murderous Assad regime must end the indiscriminate violence against its own people.

The people of Syria deserve a life free from violence. Canada will continue to support the Syrian people in reaching this goal and in achieving a long-term political solution.

Clearly the tweet was a mistake for which the Minister of Environment and Climate Change took full responsibility both through online communications and in the House of Commons.

In addition to this being a non-answer, and the subject of my question of privilege, I believe, Mr. Speaker, that you will find that the response actually breaches the Standing Orders as well, and that is a point I will get to later.

I was contacted last week by Dean Beeby, of the CBC, about an access to information request he had received an answer to. It is in reference to the tweet I referenced in my question. He suggested that his ATIP had turned up the actual document that shows the names and titles of those who were involved in approving the tweet. Mr. Beeby went on to publish this article on Thursday, October 25, 2018, and the article confirms that Mr. Beeby had indeed obtained information from the government through an ATIP that I could not obtain through a legitimate proceeding of Parliament. The article says:

CBC News has obtained documents under the Access to Information Act showing the minister's office gave a final thumbs-up to the tweet 51 minutes before it popped up on [the Minister of the Environment]'s official ministerial Twitter feed last Nov. 7....

The minister noted repeatedly that the social-media misstep occurred on the departmental Twitter account, rather than on her personal Twitter account, suggesting public servants were to blame.

Mr. Speaker, I did suspect all along that this was true as well. Because the government held back these details from me, I could not present the evidence to the House in my role as an opposition member. The article went on to report:

“The tweet in question was approved by the MO [minister's office] at 2:09 p.m. today and issued at 3:00 PM," says an assessment....

The package shows the names of at least 31 public servants involved in the ill-advised tweet. The released documents show the pre-publication vetting was carried out in advance by the department's “social media” and “home” teams, as well as by [the Minister of the Environment]'s office staff, whose names have been removed from the file.

Finally, the article points out that the government also violated the timelines set out in the Access to Information Act. Now, that is not your problem, Mr. Speaker, but it does provide you with more evidence of the government's intent to avoid this issue by withholding information from me and delaying information to the media.

I would make one final point. Nowhere in the Access to Information Act does it permit a minister to refuse the names of ministerial staff when providing a response to an access to information request.

I do not begrudge Mr. Beeby the fact that he received an answer, but when a journalist and a member of Parliament ask the same question, one would expect the government to at least give the same respect to the member of Parliament as it gave to the journalist, or put another way, treat a proceeding in Parliament with the same respect as an ATIP.

In this case, I was given debate and an argument for an answer, whereas the journalist was actually given the answer. Not only is this an affront to the House, in so committing this offence, the government also breached the standing order I mentioned earlier. It is Standing Order 39(1), which says, in part:

in putting any such question or in replying to the same no argument or opinion is to be offered, nor any facts stated, except so far as may be necessary to explain the same; and in answering any such question the matter to which the same refers shall not be debated.

On December 16, 1980, at page 5797 of Hansard, the Speaker ruled:

While it is correct to say that the government is not required by our rules to answer written or oral questions, it would be bold to suggest that no circumstance could ever exist for a prima facie question of privilege to be made where there was a deliberate attempt to deny answers to an hon. member.

Omitting the information I was seeking in the government's response to my question and providing exactly what I was seeking to Mr. Beeby demonstrates that the government deliberately withheld information from the House.

On page 251 of the 24th edition of Erskin May, it described the contempt as follows:

Generally speaking, any action or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedes any Member or officer of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results, may be treated as contempt even though there is no precedence of the offence.

The government keeps repeating the same offence over and over again. After numerous questions of privilege and warnings from the Chair, it continues to deny members information while providing the same or more accurate information to the media.

I think it is important at this time to present to the House a few select examples of when you, Mr. Speaker, took notice of this pattern and heeded a warning.

On April 16, 2016, the Speaker found a prima facie question of privilege after the Leader of the Opposition pointed out that specific and detailed information contained in Bill C-14 was given to the media ahead of this House and members of Parliament. During that discussion, Speaker Milliken was referenced, from his ruling of March 19, 2001, when he said:

To deny to Members information concerning business that is about to come before the House, while at the same time providing such information to media that will likely be questioning Members about that business, is a situation that the Chair cannot condone.

That is exactly the situation I was facing when Mr. Beeby approached me to comment on information he was given and I was not. While he was not impeded in the performance of his function as a journalist, clearly I was impeded in the performance of my function as a member in this place, which breaches my privileges and constitutes a contempt of this House, as outlined in our procedural authorities.

Alleged Premature Disclosure of Contents of Bill C-49PrivilegeGovernment Orders

May 31st, 2017 / 5:20 p.m.
See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I am rising to respond to the question of privilege raised by the member for Carlton Trail—Eagle Creek on May 17, 2017, on the alleged premature disclosure of the contents of Bill C-49, the transportation modernization act.

The member alleges that the media reports on the bill prior to its introduction constitutes a breach of the privilege of the House. Our government holds parliamentary privilege in the highest regard and takes seriously any allegations that privileges were not respected.

In the case before the House, I submit that the government took great care to ensuring that the details of Bill C-49 were not prematurely divulged prior to its introduction.

I would like to draw the attention of members to the extensive consultations that were held on the review of the Canada Transportation Act. In fact, these consultations began under the previous government. As part of these consultations, over 480 meets and roundtable discussions were held and over 230 written submissions were received between June 2014 and December 2015. The current Minister of Transport supplemented this work with a wide-ranging set of consultations, holding 10 major round tables across the country between May and November 2016, as well as holding engagement sessions on social media.

Following these extensive consultations, the minister made a speech on November 3, 2016, which outlined his vision entitled “Transportation 2030 - A Strategic Plan for the Future of Transportation in Canada”.

Following the launch of the transportation 2030 strategy, the minister continued to meet with a wide range of stakeholders in the transportation sector, gave speeches and media interviews, and spoke in the House about issues he intended to address through upcoming legislation. That is to say, any reporter or interested stakeholder would have had a very good idea of what issues were to be addressed in Bill C-49.

Before turning to the facts of the matter before the House, I would point out that the Speaker must judge the extent to which the issue has infringed upon the ability of members to discharge their parliamentary duties. Page 145 of the second edition of House of Commons Procedure and Practice states:

In deliberating upon a question of privilege, the Chair will take into account the extent to which the matter complained of infringed upon any Member's ability to perform his or her parliamentary functions or appears to be a contempt against the dignity of Parliament.

On October 4, 2010, the Speaker ruled that it is indisputable that it is a well-established practice and accepted convention that the House has the right of first access to the text of bills that it will consider. At no time were the specific details of the bill made public. In fact, the minister and his staff refused to comment on the specific details of the provisions of Bill C-49, which was reported by a number of media outlets.

The member cites the March 2001 ruling by Speaker Milliken, which is a clear acknowledgement of the government's prerogative to consult with stakeholders and Canadians in the development of government policy. The ruling states:

In preparing legislation, the government may wish to hold extensive consultations and such consultations may be held entirely at the government's discretion. However, with respect to material to be placed before parliament, the House must take precedence.

I submit this is precisely what the government has done with respect to Bill C-49.

The case that the member cites is drastically different than the situation before the House. The 2001 ruling referred to by the member involved a minister of the crown who gave a detailed briefing on a government bill to the media in advance of the introduction of the bill. Moreover, members and their staff were not permitted to attend the briefing. As a result, members were unable to respond to media inquiries on the content of the bill. This situation sits in stark contrast to the situation before the House.

Let me take a few moments to show why this is not a legitimate question of privilege.

First, in the evening of May 15, the CBC website stated, “Passenger bill of rights will set national standard for air travel”. Stating the general goals of proposed legislation is not a detailed description of the specific measures contained in the bill.

I would submit that this is a general statement of the objective to address an issue. There was no reporting on what the national standards would be or the modalities of scheme. In fact, this would be impossible, since the bill simply authorized the development of regulations to address this issue.

Similarly, CTV News referred to minimum standards for reimbursement for travel disruptions and lost luggage but did not, and I submit could not, refer to what the minimum standards would be, since these standards would be set through the regulatory process. This was confirmed by a CBC report and on CTV News. I am not sure how the member believes that the disclosure of the proposed standards would be in regulations constitutes in any way contempt of this House.

In instances such as this one, where the government has consulted extensively on the development of policy, there are bound to be cases in which an issue, such as air passenger rights, would be made public prior to the introduction of a bill. What differentiates a bona fide contempt of the House through the premature disclosure of the contents of a bill and the case before the House is that no specific details were released.

Moreover, the minister and his staff were clearly cognizant of the imperative of not disclosing the specific details of the bill to avoid a contempt of the House.

For example, I would refer to the May 14 Globe and Mail article where the minister's office denied to comment on the specifics of the bill until properly introduced. Again, in the Canadian Press article of April 11, the minister's spokesperson is quoted as declining to say if the legislation would set industry-wide standards, or raise compensation levels offered in the United States or Europe.

The difference between divulging specific details of a bill and speaking about current issues that may be addressed in a bill should not be lost on members. Speaking about general issues to be addressed in a bill without divulging the specific content of the bill is not only permissible but reasonable. While the government consults on issues which may be made public during the course of consultations, the specific details of provisions to address such issues are only made public following the introduction of the bill. This is precisely the case before the House.

I would refer to the Speaker's ruling of April19, 2016, with respect to the premature disclosure of the content of Bill C-14, where the Speaker highlighted that the specific details of the bill were prematurely disclosed, which had the effect of impeding members in the discharge of their parliamentary duties.

The government brings forward bills that were mentioned in the party's electoral platform, Speech from the Throne, Budgets, mandate letters, or were subject to public consultations. Would a bill to implement an initiative announced in one of the aforementioned policy proposal be automatically be deemed to constitute a prima facie question of privilege once the bill has been introduced?

That cannot be the intent. Media reports leading up to the introduction of Bill C-49 did not reveal specific measures. Nor did these reports act in any way as to impede members in the discharge of their parliamentary duties.

In conclusion, the matter raised by the member for Carlton Trail—Eagle Creek does not meet the threshold of constituting a prima facie question of privilege.

Victims Bill of Rights ActGovernment Orders

February 20th, 2015 / 12:50 p.m.
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Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I will be sharing my time with the hon. member for Saskatoon—Wanuskewin.

I am honoured to have an opportunity to participate in the third reading debate on Bill C-32, the victims bill of rights act.

There were a lot of consultations, including in my own riding of Edmonton Centre. As we all know, the bill does propose significant changes to Canadian criminal law.

It is thanks to some great work of the tireless staff in the Department of Justice, people like Pam Arnott, working closely with the Minister of Justice, who have brought the bill to the House. Most important, the bill would create the Canadian victims bill of rights to enshrine enforceable rights of victims of crime in federal law for the first time.

These rights fall into four main areas.

The right to information would give victims the right to general information about the criminal justice system, available victim services and programs, as well as specific information about the progress of the case, including information related to the investigation, prosecution and sentencing of the person who harmed them.

The right to protection would give victims the right to have their security and privacy considered at all stages of the criminal justice process, have reasonable and necessary measures to protect them from intimidation and retaliation, and to request their identity to be protected from public disclosure.

The right to participation would give victims the right to convey their views about decisions to be made by criminal justice professionals and have them considered at various stages in the criminal justice process, and to present a victim impact statement.

The right to restitution would give victims the right to have the court consider making a restitution order for all offences for which there are easy to calculate financial losses.

In addition, the bill would amend other legislation, such as the Criminal Code and the Corrections and Conditional Release Act to provide greater specificity to those rights.

Bill C-32 is the most recent example of our government's commitment to improving the experiences of victims of crime. Because of the transformative nature of these reforms and the significant impact they will have on the experiences of victims in the criminal justice system, the Canadian victims bill of rights is a milestone in the quest for justice for victims of crime.

This government has long been aware of the need to do more for victims of crime. Indeed, it has been one of our top priorities. Since 2006, we have designated more than $140 million to give victims a more effective voice in the criminal justice system.

We have seen the results of this investment in concrete terms, such as through the creation of more than 20 child advocacy centres across Canada that help children and their families navigate the justice system.

We have also undertaken a robust legislative agenda that has included many reforms benefiting victims of crime. These have included Bill C-37, Increasing Offenders' Accountability for Victims Act, which reformed the victims surcharge provisions in the Criminal Code; Bill C-14, Not criminally Responsible Reform Act, which addressed the needs of victims accused persons found not criminally responsible on account of mental disorder; and, most recent, Bill C-13, Protecting Canadians from Online Crime Act, to address cyberbullying.

While we are proud of everything we have done for victims of crime, the victims bill of rights is truly a significant achievement. Ensuring the rights of victims at the federal level recognizes the difficulty that victims can experience as they participate in the criminal justice and corrections systems. It would provide concrete means to ensure that the needs of victims would be respected.

The rights enshrined in the Canadian victims bill of rights and the amendments to the other acts that are included in Bill C-32 would apply to all victims of crime.

However, some of the proposed provisions would have special significance for vulnerable victims, such as victims of sexual offences, and that is where I would like to focus my attention today.

Bill C-32 proposes amendments to the Criminal Code scheme that governs the production of third party records. To be clear, this scheme applies to documents of all kinds for which there is a reasonable expectation of privacy and which are being sought as evidence in criminal trials involving sexual offences. The proposed amendments are consistent with the rights of victims to privacy and security, which would be enshrined in the Canadian victims bill of rights.

Four amendments are proposed to the third party records regime.

First, the amendments would ensure that all historical sexual offences would be included within the procedures governing the release of third party records by replacing the current list of historical sexual offences with a general description to ensure that all victims of sexual offences would be protected by this scheme.

Second, the period of time for which an accused must serve their application for the production of third party records would be doubled from 7 to 14 days.

Third, the court would be required to inform the complainant or witness of their right to be represented by independent legal counsel during the in camera process.

Finally, a court would be required to consider the right to personal security of a complainant or witness when determining whether to produce a record for inspection by the court or whether to produce the record to the accused. This would codify the Supreme Court of Canada's jurisprudence in this area.

Bill C-32 also includes a number of amendments that specifically address the needs of victims of sexual offences when they testify as witnesses in criminal proceedings. The benefits of testimonial aids, such as support persons, use of a screen that spares the witness from seeing the accused, or testimony outside the courtroom by closed-circuit television, are well documented.

Bill C-32 would make testimonial aids more readily available for adult vulnerable witnesses, including victims of sexual offences, by providing the courts with greater discretion to determine whether to order their use. Currently such testimonial aids may be ordered for adults when a court determines that they are necessary for the witness to provide a full and candid account. Amendments proposed in Bill C-32 would allow a court to make such orders for adult witnesses, including victims of sexual offences, when they believe it would facilitate the giving of a full and candid account. The language is important here.

Additionally, a court would be required to consider the security and protection of the witness, and society's interest in encouraging the reporting of offences and witness protection in the criminal justice system, when deciding whether to order a testimonial aid.

The Criminal Code provision governing the appointment of counsel to conduct the cross-examination of a witness when the accused is self-represented would also be amended to benefit victims of sexual offences. The amendment would presumptively prohibit a self-represented accused from personally cross-examining a victim of sexual assault, unless the judge is of the opinion that the proper administration of justice requires it. This presumptive approach is currently the case with victims of sexual harassment, and recognizes that victims of certain crimes are more vulnerable while they participate in the criminal justice process.

A victim's right to privacy and protection under the Canadian victims bill of rights would also be supported by amendments to section 486.5 of the Criminal Code, which governs publication bans for adults. Currently a judge may order a publication ban for an adult victim or witness, if the order is deemed necessary for the proper administration of justice. Bill C-32 would allow a court to order a publication ban for adult victims and witnesses when it is in the interest of the proper administration of justice. Once again, the language is important.

When determining whether to order a publication ban, the court will consider factors, including whether the witness can suffer harm, rather than significant harm, as is currently required, if their identity were disclosed. These amendments would be particularly beneficial to victims of sexual offences, who are often more vulnerable due to the nature of the offence.

This bill has been thoroughly examined by the House of Commons Standing Committee on Justice and Human Rights. The standing committee held nine days of meetings and heard evidence on many critical aspects of the bill. It has also been the subject of comprehensive debate in the House of Commons. In fact, this bill has enjoyed the support of all parties, at all critical stages of parliamentary consideration. There has never been any question in anyone's mind on both sides of the House about the need to recognize victims of crime and the positive and long-reaching impacts that this bill will have on their experiences in the criminal justice system.

The time has come for this House to conclude our study and debate of this bill. I hope that all parties will work with us as we ensure that this landmark piece of legislation is passed as swiftly as possible. For too long, victims have voiced the concern that their perspectives have not been heard. This government has made a commitment to improve this situation, and has in fact made significant progress in improving rights and services to victims through many legislative and program initiatives.

Victims have waited a long time for this bill. Let us not make them wait any longer.

Extension of Sitting HoursGovernment Orders

May 26th, 2014 / 12:15 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

That, notwithstanding any Standing Order or usual practice of the House, commencing upon the adoption of this Order and concluding on Friday, June 20, 2014:

(a) on Mondays, Tuesdays, Wednesdays and Thursdays, the ordinary hour of daily adjournment shall be 12 midnight, except that it shall be 10 p.m. on a day when a debate, pursuant to Standing Order 52 or 53.1, is to take place;

(b) subject to paragraph (d), when a recorded division is demanded in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2), but not including any division in relation to the Business of Supply or arising as a consequence of an order made pursuant to Standing Order 57, (i) before 2 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the conclusion of oral questions at that day’s sitting, or (ii) after 2 p.m. on a Monday, Tuesday, Wednesday or Thursday, or at any time on a Friday, it shall stand deferred until the conclusion of oral questions at the next sitting day that is not a Friday;

(c) the time provided for Government Orders shall not be extended pursuant to Standing Order 45(7.1);

(d) when a recorded division, which would have ordinarily been deemed deferred to immediately before the time provided for Private Members’ Business on a Wednesday governed by this Order, is demanded, the said division is deemed to have been deferred until the conclusion of oral questions on the same Wednesday;

(e) any recorded division which, at the time of the adoption of this Order, stands deferred to immediately before the time provided for Private Members’ Business on the Wednesday immediately following the adoption of this Order shall be deemed to stand deferred to the conclusion of oral questions on the same Wednesday;

(f) a recorded division demanded in respect of a motion to concur in a government bill at the report stage pursuant to Standing Order 76.1(9), where the bill has neither been amended nor debated at the report stage, shall be deferred in the manner prescribed by paragraph (b);

(g) for greater certainty, this Order shall not limit the application of Standing Order 45(7);

(h) no dilatory motion may be proposed, except by a Minister of the Crown, after 6:30 p.m.; and

(i) when debate on a motion for the concurrence in a report from a standing, standing joint or special committee is adjourned or interrupted, the debate shall again be considered on a day designated by the government, after consultation with the House Leaders of the other parties, but in any case not later than the twentieth sitting day after the interruption.

Mr. Speaker, I am pleased to rise to speak to the government's motion proposing that we work a little bit of overtime over the next few weeks in the House.

I have the pleasure of serving in my fourth year as the government House leader during the 41st Parliament. That is, of course, on top of another 22 months during a previous Parliament, though some days it feels like I am just getting started since our government continues to implement an ambitious agenda that focuses on the priorities of Canadians. We still have much to do, and that is the basis for Motion No. 10, which we are debating today. Regardless of what other theories that folks might come up with, our objective is simple: to deliver results for Canadians, results on things Canadians want to see from their government.

As government House leader, I have worked to have the House operate in a productive, orderly, and hard-working fashion. Canadians expect their members of Parliament to work hard and get things done on their behalf. We agree, and that is exactly what has happened here in the House of Commons. However, do not take my word for it. Let us look at the facts.

In the previous session of the 41st Parliament, 61 government bills received royal assent and are now law. In 2013 alone, which was a shorter parliamentary year than normal, the government had a record-breaking year with 40 bills becoming law, more than any other calendar year since we took office, breaking our previous record of 37 new laws in 2007 when I also had the honour to be the leader of the House. That is the record of a hard-working, orderly, and productive Parliament. With more than a year left in this Parliament, the House has accomplished so much already, handing many bills over to the Senate for the final steps in the legislative process.

Just as we had a record year for legislative output, Canadian grain farmers experienced a bumper crop with a record yield in 2013. Understanding the real challenges faced by grain farmers, our government acted quickly on Bill C-30, the fair rail for grain farmers act, moving the bill through three readings and a committee study before handing it over to the Senate. This bill would support economic growth by ensuring that grain is able to get to market quickly and efficiently. The House also passed Bill C-23, the fair elections act, which would ensure that everyday citizens are in charge of democracy, ensuring the integrity of our electoral system and putting rule breakers out of business.

Two supply bills received royal assent, thereby ensuring that the government has the money it needs to continue providing services to the people.

When we passed Bill C-25, the Qalipu Mi'kmaq First Nation Act, we fulfilled our promise to protect the Qalipu Mi'kmaq First Nation's enrolment process, making it fair and equitable while ensuring that only eligible individuals will be granted membership.

Earlier this spring, royal assent was also given to Bill C-16, the Sioux Valley Dakota Nation Governance Act, making the Sioux Valley Dakota Nation the first self-governing nation on the prairies and the 34th aboriginal community in Canada to achieve self-governance.

Next on the agenda is Bill C-34, the Tla'amin Final Agreement Act, which will implement the agreement with the Tla'amin Nation. Bill C-34 will give the Tla'amin increased control over their own affairs. They will have ownership of their land and resources and will be able to create new investment opportunities and make decisions determining their economic future.

We considered and passed through all stages of Bill C-5, the Offshore Health and Safety Act, which will enhance safety standards for workers in Canada’s Atlantic offshore oil and gas industry to protect Canadians and the environment while supporting jobs and growth.

Bill C-14, the Not Criminally Responsible Reform Act, became law just a few weeks ago. This act will ensure that public safety should be the paramount consideration in the decision-making process involving high-risk accused found not criminally responsible on account of mental disorder.

Also, this spring, our government passed Bill C-15, the Northwest Territories Devolution Act, which honoured our government's commitment to giving northerners greater control over their resources and decision-making and completing devolution all before the agreed-upon implementation date of April 1, as well as Bill C-9, the First Nations Elections Act, which supports the Government of Canada's commitment to provide all Canadians with strong, accountable, and transparent government. Bill C-9 provides a robust election framework, improves the capacity of first nations to select leadership, build prosperous communities, and improve economic development in their communities.

However, despite these many accomplishments, there is more work to be done yet before we return to our constituencies for the summer, let alone before we seek the privilege of representing our constituents in the 42nd Parliament.

During this mandate, our government's top priority has been jobs, economic growth and long-term prosperity.

It is worth saying that again. During this mandate, our government's top priority has been jobs, economic growth, and long-term prosperity. That continues. Through three years and four budgets since the 2012 budget, we have passed initiatives that have helped create hundreds of thousands of jobs for Canadians, as part of the one million net new jobs since the global economic downturn. We have achieved this record while also ensuring that Canada's debt burden is the lowest in the G7 and we are on track to balance the budget in 2015.

As part of our efforts to build on this strong track record, our government has put forward this motion today. Motion No. 10 is simple. It is straightforward. It would extend the hours of the House to sit from Monday through Thursday. Instead of finishing the day around 6:30 p.m. or 7 p.m., the House would, instead, sit until midnight. This would give us an additional 20 hours each week to debate important bills. Of course, the hours on Friday would not change.

Extended sitting hours is something that happens practically every June. Our government just wants to roll up its sleeves and work a little harder a bit earlier this year.

Productivity is not just a function of time invested, but also of efficiency. To that end, our motion would allow most votes to be deferred, automatically, until the end of question period to allow for all hon. members' schedules to be a bit more orderly.

Last year, we saw the New Democrats profess to be willing to work hard. Then, mere hours later, after the sun would go down and people were not watching, what would the NDP do? It would suggest we pack it in early and move adjournment, without any accomplishment to show for it.

In order to keep our focus on delivering results and not gamesmanship, we are suggesting that we use our extra evening hours to get something done, not to play idle, unproductive games. We are interested in working hard and being productive, and doing so in an orderly fashion. That is the extent of what Motion No. 10 would do. Members on this side of the House are willing to work a few extra hours to deliver real results for Canadians. What results are we seeking? Bills on which we want to see progress, that are of great significance to Canadians, are worth spending a little extra time to see them considered and, ideally, passed.

Of course, we have the important matter of passing Bill C-31, Economic Action Plan 2014, No. 1. This bill implements our government’s budget—a low tax plan for jobs, growth and a stronger Canadian economy. It is also an essential tool in placing the government on track to balanced budgets, starting in 2015.

We have a number of bills that continue to build on the work we have done in support of victims of crime. Bill C-13, the Protecting Canadians from Online Crime Act, is another essential piece of legislation that will crack down on cyberbullies and online threats by giving law enforcement officials the tools necessary to investigate and tackle these crimes. We are taking clear action to combat cyberbullying and I ask the opposition to join us in this pursuit.

Every day in Canada, our most vulnerable—our children—are the victims of sexual abuse. This is truly unacceptable and as a society we must do our part to better protect our youth. With Bill C-26, the Tougher Penalties for Child Predators Act, we are doing our part.

Our government's comprehensive legislation will better protect children from a range of sexual offences, including child pornography, while making our streets and communities safer by cracking down on the predators who hurt, abuse, and exploit our children.

Therefore, I ask the opposition to work with us, support this important piece of legislation by supporting this motion.

It is also important that we move forward with one of the most recent additions to our roster of other tackling crime legislation. Last month, we introduced Bill C-32, the victims bill of rights act, which will give victims of crime a more efficient and more effective voice in the criminal justice system. It seeks to create clear statutory rights at the federal level for victims of crime, for the first time in Canada's history. The legislation would establish rights to information, protection, participation, and restitution, and ensure a complaint process is in place for breaches of those rights on the part of victims. It would protect victims, and help to rebalance the justice system to give victims their rightful place. I hope we can debate this bill tomorrow night. By passing Motion No. 10, we will make that possible.

Our efforts to protect families and communities also extend to keeping contraband tobacco off our streets, so that the cheap baggies of illegal cigarettes do not lure children into the dangers of smoking. Bill C-10, the tackling contraband tobacco act, would combat this by establishing mandatory jail time for repeat offenders trafficking in contraband. Aside from protecting Canadian children from the health hazards of smoking, it will also address the more general problems with trafficking and contraband tobacco propelled by organized crime roots. With luck, I hope we can pass this bill on Friday.

Just before the constituency week, the Prime Minister announced Quanto's law. Bill C-35, the justice for animals in service act, would pose stiffer penalties on anyone who kills or injures a law enforcement, military, or service animal. I know that the hon. member for Richmond Hill, having previously introduced a private member's bill on the subject, will be keen to see the extra time used to debate and pass this bill at second reading before we head back to our constituencies.

Bill C-12, the drug-free prisons act, could also have a chance for some debate time if we pass Motion No. 10. This particular bill will tackle drug use and trade in the federal penitentiaries to make the correctional system a safer place, particularly for staff, but also for inmates, while also increasing the potential for success and rehabilitation of those inmates. As a former public safety minister, I can say that this is indeed an important initiative.

Delivering these results for Canadians is worth working a few extra hours each week. Our clear and steady focus on the strength of our Canadian economy does not simply apply to our budgets. We will also work hard next week to bring the Canada-Honduras free trade agreement into law. Bill C-20, the Canada-Honduras economic growth and prosperity act, would enhance provisions on cross-border trading services, investment, and government procurement between our two countries. It would also immediately benefit key sectors in the Canadian economy, by providing enhanced market access for beef, pork, potato products, vegetable oils, and grain products.

As a former trade minister, I can say first-hand that this government understands that trade and investment are the twin engines of the global economy that lead to more growth, the creation of good jobs, and greater prosperity. Trade is particularly important for a country like Canada, one that is relatively small yet stands tall in terms of its relationship and ability to export and trade with the rest of the world. If we are to enjoy that prosperity in the future, it is only through expanding free trade and seizing those opportunities that we can look forward to that kind of long-term prosperity.

Through Bill C-18, the agricultural growth act, we are providing further support to Canada's agriculture producers. This bill would modernize nine statues that regulate Canada's agriculture sector to bring them in line with modern science and technology, innovation, and international practices within the agriculture industry. The act will strengthen and safeguard Canada's agriculture sector by providing farmers with greater access to new crop varieties, enhancing both trade opportunities and the safety of agriculture products, and contributing to Canada's overall economic growth.

As the House knows, our government has made the interests of farmers a very important priority. We recognize that since Canada was born, our farmers in our agriculture sector have been key to Canada's economic success. As a result, Bill C-18 will be debated this afternoon. It would be nice to have the bill passed at second reading before the summer, so that the agriculture committee can harvest stakeholder opinion this autumn.

Over the next few weeks, with the co-operation and support of the opposition parties, we will hopefully work to make progress on other important initiatives.

My good friend, the President of the Treasury Board, will be happy to know that these extra hours would mean that I can find some time to debate Bill C-21, the red tape reduction act. This important bill should not be underestimated. It would enshrine into law our government's one-for-one rule, a successful system-wide control on regulatory red tape that affects Canadian employers. Treasury Board already takes seriously the practice of opining that rule, but we want to heighten its importance and ensure that it is binding on governments in the future. We want to ensure that Canadians do not face unreasonable red tape when they are simply trying to make a better living for themselves, and creating jobs and economic growth in their communities.

Another important government initiative sets out to strengthen the value of Canadian citizenship. For the first time in more than 35 years, our government is taking action to update the Citizenship Act. Through Bill C-24, the strengthening Canadian Citizenship Act, we are proposing stronger rules around access to Canadian citizenship to underline its true value and ensure that new Canadians are better prepared for full participation in Canadian life. This legislation will be called for debate on Wednesday.

The health and safety of Canadians is something that our government believes is worthy of some extra time and further hard work in the House of Commons.

Tomorrow evening, we will debate Bill C-17, the protecting Canadians from unsafe drugs act. Under Vanessa's law, as we have called it, we are proposing steps to protect Canadian families and children from unsafe medicines. Among other actions, the bill would enable the government to recall unsafe drugs, require stronger surveillance, provide the courts with discretion to impose stronger fines if violations were intentionally caused, and compel drug companies to do further testing on a product. In general, the bill would make sure that the interests of individual Canadians are looked out for and become a major priority when it comes to dealing with new medications and drugs.

Bill C-22, the energy safety and security act, would modernize safety and security for Canada's offshore and nuclear energy industries, thereby ensuring a world-class regulatory system, and strengthening safety and environmental protections. This legislation, at second reading, will be debated on Thursday.

Bill C-3, the safeguarding Canada's seas and skies act, could pass at third reading under the extended hours, so that we can secure these important updates and improvements to transportation law in Canada.

We could also pass the prohibiting cluster munitions act. As the Minister of Foreign Affairs explained at committee, the Government of Canada is committed to ridding the world of cluster munitions. Bill C-6 is an important step in that direction, but it is just the beginning of our work. Extending the relevant elements of the Oslo Convention into domestic law would allow Canada to join the growing list of countries that share that same goal. I hope members of all parties will support us in this worthy objective.

By supporting today's motion, the opposition would also be showing support for Canada's veterans. The extra hours would allow us to make progress on Bill C-27, the veterans hiring act. The measures included in this legislation would create new opportunities for men and women who have served their country to continue working for Canadians through the federal public service. As a nation, we have a responsibility to ensure that veterans have access to a broad range of programs and services to help them achieve new success after their time in uniform is complete. This initiative would do exactly that.

Of course, a quick reading of today's order paper would show that there are still more bills before the House of Commons for consideration and passage. I could go on and on, literally, since I have unlimited time to speak this afternoon, but I will not. Suffice it to say that we have a bold, ambitious, and important legislative agenda to implement. All of these measures are important, and they will improve the lives of Canadians. Each merits consideration and hard work on our part. Canadians expect each one of us to come to Ottawa to work hard, to vote on bills, to make decisions, and to get things done on their behalf.

I hope that opposition parties will be willing to support this reasonable plan and let it come to a vote. I am sure that members opposite would not be interested in going back to their constituents to say that they voted against working a little overtime before the House rises for the summer.

I commend this motion to the House and encourage all hon. members to vote for adding a few hours to our day to continue the work of our productive, orderly, and hard-working Parliament, and deliver real results for Canadians.

May 8th, 2014 / 11 a.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

Thank you, Mr. Chair.

Colleagues, I am delighted to be here with you this morning.

I'm pleased to appear before this committee to answer your questions regarding items in the main estimates. I note this is my 45th appearance before a parliamentary committee, which is a very important part of our parliamentary accountability process.

Mr. Chair, joining me today eventually will be Brian Saunders, George Dolhai, of course my deputy minister, William Pentney, and Marie-Josée Thivierge.

Chair, in my role as Minister of Justice and Attorney General of Canada I'm responsible for helping and in some cases shepherding our justice system through various iterations of our efforts to remain relevant, fair, accessible, and of course, to support Canadians in many ways. Justice must not only be done but be seen to be done, as the old well-worn legal maximum says. This is what Canadians expect.

The items that the Department of Justice has submitted to be tabled under main estimates will further our work to ensure just that—that our justice system continues to evolve, to be fairer and more inclusive, and enhances the personal safety and security and confidence of Canadians through our criminal laws, policies, and programs.

To turn to the numbers, the Department of Justice is estimating net budgetary expenditures of $630.6 million in the year 2014-15. Of these slightly more than half is allocated to grants and contributions, 38% is allocated to operating expenditures, while the remainder is allocated to statutory expenditures.

This spending will support the wide-ranging and important services that the government provides to all of government. That is to suggest that the Department of Justice provides those legal services across many departments, which includes a large number with respect to litigation, legislation, and advisory services.

These figures also represent a net spending decrease of $26.9 million from the 2013-14 main estimates. The decrease I can note is mainly attributable to the cost savings found through the strategic operating review as well as sunsetting of several initiatives.

Mr. Chair, while the choices that facilitated the cost saving required the prioritization of programs, it illustrates the department's commitment to supporting the government's economic action plan and to achieving savings for Canadians, where possible, through innovation and modernization to ensure that we better meet the needs of today, never losing sight of the importance of providing meaningful support and access to justice for Canadians.

One important area of expenditure, representing an increase of $1.4 million, enhances the victims fund and expands the reach of the federal victims strategy, specifically for time-limited operational funding to non-governmental organizations serving victims of crime and in particular the child advocacy centres. These centres, which now span the country, are one of the most innovative, compassionate, and important contributions that I have seen in my time as both a practising lawyer and as Minister of Justice. These centres provide crucial services to young victims of abuse and their families. I believe their contribution is offering front-line services day to day that make a real difference in the lives of youth.

Mr. Chair, there has also been an increase of $3.98 million, in addition to the initial funding of $40.17 million under the Roadmap for Canada's Linguistic Duality 2013-2018 for Access to Justice in Both Official Languages.

The initiatives described earlier will enable the Minister of Justice to build a justice system that is more equitable, that will improve access to justice in both official languages and that will meet the ever-changing needs of Canadians across the country.

In addition to our current success, the future is promising. The Government of Canada has taken action with respect to a number of criminal justice priorities in order to guarantee rights and make communities safer for us to live in, thrive and raise our families.

Mr. Chair, on April 3 of this year, the Prime Minister and my predecessor, Mr. Nicholson, announced historic legislation that would transform the way victims of crime are treated in our country's justice system. After extensive cross-country consultation with numerous individuals and stakeholder groups, I had the honour to table in the House of Commons the victims bill of rights.

This is intended to establish statutory rights for information, protection, participation, and restitution, and to ensure that a complaint process is in place to deal with breaches of these rights. This legislation would entrench the rights of victims of crime at the federal level. Protecting victims and providing them with a more effective voice in our justice system is a key priority for our government. Victims of crime deserve to be treated with courtesy, compassion, inclusion, and respect—basic rights, in my view, necessary for public confidence and trust in our justice system.

Chair, colleagues, above all Canadians expect that their justice system will keep them safe. Public safety is a fundamental and foremost responsibility of any government. The government understands this expectation and is committed to protecting Canadians from individuals who pose a high risk to public safety. Our laws and current legislation reflect our commitment to this responsibility.

To that end, the government introduced Bill C-14, Not Criminally Responsible Reform Act, which received royal assent on April 10, 2014. The bill helps protect Canadians from persons who are found to be not criminally responsible on account of mental disorder, and who pose a higher risk of committing violence if released. This, I should note, is a very small percentage of individuals who are actually deemed not criminally responsible, and is somewhat akin to the dangerous offender applications and findings in our Criminal Code.

The legislation enhances the safety and confidence of victims specifically by considering them when decisions are being made about mentally disordered accused persons, making sure victims are notified when accused are being discharged, and where they intend to reside, if the victim desires, and allowing for non-communication orders between the accused and the victim.

In addition, Mr. Chair, our government will continue to take action to protect the most vulnerable through the tougher penalties for child predators act, as well as Bill C-13, the cyber bill. We are working to maintain the safety and security of our communities and our streets by ensuring that legislation responds to the evolution that naturally occurs, and that includes, of course, the Supreme Court's ruling in Bedford, which struck down Criminal Code sanctions as they pertain to prostitution.

So to conclude, Mr. Chair, our government is committed to maintaining the integrity of our criminal justice system. We are strengthening that commitment with the level of funding that the Department of Justice portfolio has received, and the funding that Justice has received delivers concrete results for Canadians. I'll continue to do my best to see that those taxpayer funds are spent wisely, while ensuring that Canadians have a fair, relevant, and accessible justice system.

I want to thank you and the committee members for the essential work that you do for providing our department with the opportunity to make these comments and to interact in a way that I hope is meaningful for all.

I thank you, Mr. Chair.

JusticeOral Questions

April 28th, 2014 / 3 p.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, I want to thank my friend from Pickering—Scarborough East for his question and commitment to this issue, and I am happy to report that the not criminally responsible reform act has now passed Parliament and received royal assent.

As the member said, the bill very much puts public safety first, with a high-risk designation for only a small fraction of individuals who represent a risk to the community. Fittingly, the bill was passed during National Victims of Crime Awareness Week. As the member knows, it is intended to keep victims better informed, respected, and protected.

Unfortunately, the Liberal Party fought against these entirely reasonable reforms at every opportunity. Conservatives stand for public safety in their communities; the Liberal Party stands in the way.

JusticeOral Questions

April 28th, 2014 / 3 p.m.
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Conservative

Corneliu Chisu Conservative Pickering—Scarborough East, ON

Mr. Speaker, my constituents are concerned that certain high-risk individuals found not criminally responsible may be granted unescorted trips into the community. They are concerned that this represents a threat to public safety.

This is precisely why our government introduced the not criminally responsible reform act. This important legislation would create a new high-risk designation that would put public safety first.

Can the Minister of Justice please inform the House about the status of this legislation, and how it would benefit Canadian communities?

March 6th, 2014 / 11:30 a.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

I'm pleased to appear before you once again, colleagues. I'm joined by Donald Piragoff, senior assistant deputy minister; deputy minister Bill Pentney; as well as Luc Robitaille, here to answer your questions on supplementary estimates (C). I know, Mr. Chairman, colleagues, that this is of interest to you.

I'm tasked as Attorney General, Minister of Justice, with helping to ensure that our justice system can continue to meet the needs of Canadians so that it can remain relevant, fair, and accessible, and so that Canadians can have confidence and trust in the system that serves them.

Our government has been moving forward on a number of priorities related to criminal justice so Canadians can continue to be proud of their justice system.

Chair, Canadians need to feel that their system is working for them. They need to feel safe in their communities, where they live, and if they are victimized, they need to feel confident that the justice system will in fact treat them with compassion, dignity, and respect.

As you know, we plan to introduce Canada's first federal victims bill of rights in the House of Commons very soon. This bill of rights reflects extensive consultations embarked on this summer, visiting every province and territory, where I met with victims of crime, advocacy organizations, provincial and territorial officials, other organizations including criminal justice associations, and stakeholders from across the country. I can say that those first-hand, front-line conversations gave me a much better understanding of how we build on our existing criminal law and federal programs. This bill will entrench the rights of victims of crime at the federal level.

One of the highlights, I must say, since becoming Minister of Justice was the opportunity to visit several child youth advocacy centres. I encourage members, if the opportunity arises, to do the same. I'm very heartened to witness the compassionate, caring work done in support of young victims and their families as they navigate an often complex and intimidating system.

I'm always heartened to witness the success that we are experiencing at these centres, creating multidisciplinary teams that effectively address the needs of their clients and help them find their way through very difficult events, lessening the trauma that they've experienced.

Chair, other issues that we've been tackling include cyberbullying, and as we have unfortunately seen in the cases of Amanda Todd, Rehtaeh Parsons, and others across the country, cyberbullying can have tragic consequences. We need a range of education, awareness, and prevention activities to combat cyberbullying, including a more robust criminal justice response. With the comprehensive legislation our government has introduced, we intend to provide one.

The legislation, Bill C-13, proposes to make it a criminal offence to distribute intimate images without the consent of the person depicted, targeting a serious form of cyberbullying that is not captured currently in the Criminal Code.

The Department of Justice is also partnering in the government's recently launched awareness campaign on cyberbullying, which includes television ads that encourage parents and teens to seek out facts and information that involve this issue so they can learn how to use the Internet more safely.

Mr. Chair, our government has always been committed to ensuring the integrity of our criminal justice system. We reiterated this commitment in the throne speech.

Our government has also reinstated legislation in the House of Commons to help ensure that the protection of Canadians is at the forefront of decisions about mentally disordered accused persons who have been found to be not criminally responsible and who pose a heightened risk to public safety. This legislation, Bill C-14, currently before the Senate, will ensure that the safety of the public should be the paramount consideration in the decision-making process, as contemplated in recent jurisprudence.

Our government also wants to ensure that our children are better protected against sexual exploitation, and we have just introduced legislation that will ensure that child sex offenders receive tougher sentences.

Mr. Chair, our government has always been committed to ensuring the integrity of our criminal justice system, and we reiterate that commitment within the Speech from the Throne. Other initiatives we continue to work on include legislation to protect service animals, on impaired driving, and on a response to the recent Supreme Court decision in Bedford.

The items that the Department of Justice has submitted to be tabled under supplementary estimates (C) will further our work towards protecting Canadians and ensuring safer streets and communities.

Chair, you will note that net increase of $3.76 million for the Department of Justice can be explained as follows.

One major area of expenditure is with respect to grants and contributions to enhance the victims fund to expand the reach of the federal victim strategy, especially for child advocacy centres, as previously mentioned, and time-limited operational funding for non-governmental organizations that serve victims.

There was also an increase of $3.78 million to deliver initiatives under the “Roadmap for Canada's Linguistic Duality 2013-2018”. This road map is led by the Department of Heritage and was announced in budget 2013.

These initiatives reflect the efforts being made by the Department of Justice to establish an increasingly relevant and accessible justice system that meets the needs of Canadians by guaranteeing them improved access to justice in both official languages.

Chair, the majority of these funds, $3.6 million—and I will conclude here—are for grants and contributions to allow the department to continue the training component of the access to justice in both official languages fund.

The supplementary estimates (C) indicate a reduction of approximately $1.42 million as funds being available within the department's authorities, which represents a transfer of funds to Shared Services Canada as part of an initiative to modernize and streamline information technology systems.

To conclude, I thank you and the committee members for the invitation and for the important work you do, and I look forward to your questions.

November 28th, 2013 / 8:45 a.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

Thank you, Mr. Chair and colleagues.

I'm pleased to be with you this morning to answer questions regarding the items in supplementary estimates (B).

Mr. Chairman, as Minister of Justice and Attorney General of Canada, I'm tasked with helping to ensure that our justice system continues to meet the needs of Canadians and that it can remain relevant, fair, and accessible.

Our government has been moving forward on several priority areas in criminal justice, in particular, so that Canadians can continue to be proud of our justice system and have confidence in its operation. We have toughened penalties against offenders, such as drug dealers, criminals who use firearms, and sexual predators who prey on children, the most vulnerable of our society.

We have also implemented measures to keep dangerous and violent offenders behind bars rather than under house arrest, and eliminated the practice of double time reduction in the sentencing of criminals for time served before trials, so-called sentence discounts.

Mr. Chair, this summer I also embarked on a series of consultations across the country, during which time I listened to Canadians from every province and territory speak about how the justice system could better serve victims of crime and what they would like to see in a federal victims bill of rights, which will be introduced in the coming days.

As we have discovered, unfortunately, victims in the justice system very often feel that they are being re-victimized by the system itself. They feel that the system is failing them and doesn't meet their needs, and we need to reverse that trend. Since 2006, our government has allocated more than $120 million specifically to victims, to give them a more effective voice in both our justice and correctional systems, through program initiatives delivered by the Department of Justice. This includes funding for new or enhanced child advocacy centres. I encourage all colleagues, if you have an opportunity, to visit a child advocacy centre in your region. They're doing amazing, compassionate work to help ease the trauma of a child caught up in the justice system. The centres help coordinate investigation, prosecution, and the treatment of child abuse, while helping abused children in a very important way.

We also need to continue to address victims' needs in other areas. I believe we have learned a great deal and we could help inform the legislation that our government intends to introduce, as I mentioned, to entrench the rights of victims into federal law.

Mr. Chair, another issue we have to tackle is cyberbullying, and we've taken steps in that direction as recently as yesterday. We have, unfortunately, seen that cyberbullying in its worst form can be life-threatening. We need a range of education, awareness, prevention, and enforcement activities to combat this scourge, including a stronger justice system response, and we intend to provide one. Governments at all levels have expedited a review of federal, provincial, and territorial law surrounding this issue, and I look forward to working with all of you to ensure that Bill C-13 is an effective criminal justice response that we can all support and move forward in an expedited way.

Chairman, colleagues, Canadians expect their justice system to keep them safe, first and foremost. Our government understands this expectation and is committed to protecting Canadians from individuals who pose a high risk to public safety. To that end, our government is introducing legislation to help protect Canadians from an accused who suffers from a mental disorder.

Our government has already introduced legislation to help protect Canadians from mentally disordered accused persons who have been found to be not criminally responsible and who pose a high risk to public safety. Our legislation will ensure that the safety of the public is the paramount consideration in the decision-making process.

There have been a number of misconceptions surrounding the intent of our legislation. I can assuredly tell members of this committee that we have no intention of increasing the negative stigma attached to those who suffer from a mental illness.

In fact, Mr. Chair, if I could pause here for a moment, the intention is in fact to designate those who are deemed high risk and to separate them from the rest who would have been given the designation of not criminally responsible. I believe if this is done properly, it will in fact reduce the stigma.

So, Mr. Chair, the Bill C-14, the not criminally responsible reform act, will only touch upon a small percentage of accused deemed high risk. In fact, those deemed within the entire criminal justice system not criminally responsible amount to less than 1%.

This effort will limit access for those high-risk accused in terms of escorted passes from mental health institutions. Again, for emphasis, this is what we're talking about: secure mental health facilities, not our classic jail system. This will be done in a way that will provide flexibility to provincial and territorial review boards tasked with reviewing these cases by giving them the option to extend reviews from the current two years up to a maximum of three years.

Our government also wants to ensure that our children are better protected against sexual exploitation.

Mr. Chair, we'll be introducing legislation soon that deals with the range of sexual offences, including child pornography, while ensuring that offenders receive tougher sentences when convicted of such offences.

Our government has always been committed to ensuring the integrity of our criminal justice system. We reiterated that commitment with the Speech from the Throne.

The items that the justice system has submitted to be tabled under supplementary estimates (B) for consideration today will further our work towards protecting Canadians and ensuring safer streets and communities, a goal we all share.

Chair, you will note that the Department of Justice's net increase is $10.94 million, including $996,000 in vote 1, and $9.8 million in vote 5.

One major area of expenditure is the renewal of the funding for the aboriginal justice strategy for fiscal year 2013-14. The aboriginal justice strategy is federally led and is an initiative that is cost-shared with the provinces and territories and supports community-based justice programs that help address the overrepresentation of aboriginal people in our criminal justice system. It provides funding to approximately 275 communities. It's a community-based program that reaches more than 800 aboriginal communities in all jurisdictions.

Chair, this is also an adjustment of $320,000 from the Department of Foreign Affairs after our Department of Justice eliminated a position in the Canadian embassy in Paris under the deficit reduction action plan.

In supplementary estimates (B) you should also note this is to indicate a reduction in vote 1 of approximately $374,000, which represents a reduction in travel costs by the department.

The estimates also include an overall reduction of $7,000, as a result of the creation of Shared Services Canada, which is in part related to eliminating the Justice position I mentioned in Paris.

To conclude, I want to thank all committee members for your diligence in examination of these figures and the estimates. I thank you for the important work that you do. I look forward to working with you on a number of very important initiatives that are making their way through this committee during the fall and into the new year.

The funding that the justice portfolio has received has brought results for Canadians. I assure you I'll do my utmost to ensure that these funds will continue to be spent wisely.

Thank you, Mr. Chair.

I thank you, and I look forward to your questions.

Drug-Free Prisons ActGovernment Orders

November 25th, 2013 / 4:10 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I would say that sometimes people speak before they think, although I always try to think carefully about the words I use. Sometimes I am shocked at some of the expressions people use.

Mass shootings are always at the wrong time. There is no good time for a mass shooting. That was a poor choice of words.

I would also encourage my colleagues to look at how he described these kinds of problems when he introduced the new bill on people found not criminally responsible. If someone is found not criminally responsible, it suggests that that individual has some serious, severe problems. The government does not deny that in Bill C-14; the government is simply giving it some framework. We are talking about individuals who have serious, severe mental health issues.

I encourage everyone, including my colleague from Québec, to look up the expression that was used. I do not wish to misquote, so I encourage her to look it up. However, I was shocked myself, because the word choice suggested that being found not criminally responsible was almost a fallacy and something completely disconnected from reality, when in fact, it stems from a very serious mental health condition.

Not Criminally Responsible Reform ActRoutine Proceedings

November 25th, 2013 / 3:05 p.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

moved for leave to introduce Bill C-14, An Act to amend the Criminal Code and the National Defence Act (mental disorder).

Mr. Speaker, pursuant to the special order made previously by our outstanding House leader, I want to inform the House that this Bill C-14 is in the same form as Bill C-54, which was in the previous session at the time of prorogation.

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