Bill C-75 (Historical)

An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things,
(a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and
(i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.

Criminal Code

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

Mr. Speaker, it is a rare opportunity that I get to follow up with a question for the hon. member for Mississauga—Streetsville.

I understand that the benefit of going to trial faster is that it may make things easier on victims of crime. I care deeply about victims of crime and wish the previous government had followed all the recommendations of the ombudsman for victims of crime. However, there is nothing more important in the criminal justice system than the presumption of innocence and the right of the accused to a fair trial. If we eliminate preliminary inquiries, and innocent people go to jail, is that not a factor that should weigh in the consideration of the benefits of eliminating preliminary inquiries?

[Gagan Sikand, Liberal, Mississauga—Streetsville, ON]

Mr. Speaker, I applaud my colleague's concern, because ultimately, we are trying to do the same thing, and that is administer a good justice system. The person being accused is still entitled to a trial. We are just following up on consultations with stakeholders, with what judges have said and what legal experts have said, to make that very administration of justice more effective and more efficient.

[Sukh Dhaliwal, Liberal, Surrey—Newton, BC]

Mr. Speaker, I first want to thank the hon. member for Mississauga—Streetsville for sharing his time with me and for his eloquent speech, particularly on the topic of intimate partner violence, which is a reality in the part of the country I come from. He covered it very well.

I am very proud to rise today to speak on Bill C-75. This legislation builds on our commitment to build safer and stronger neighbourhoods by making necessary investments in our police forces, reforming our criminal justice system, and supporting victims of addiction. As the member of Parliament for Surrey—Newton, I have listened to the priorities of my constituents about being tough on guns and gangs and making sure those deserving of full weight of the justice system receive it, and those needing our support and assistance receive it as well.

We have taken many great steps to accomplish this. For instance, in budget 2018, we announced over $300 million to be spent in the next five years and $100 million per year after that to support the RCMP, the CBSA, and other public safety agencies in cracking down on illegal trafficking of guns and drugs. We have invested over $180 million to help the RCMP recruit and train more cadets that it can continue to keep our growing cities safe. We have also taken action to support victims of substance abuse with the development of supervised injection sites across Canada, a model that began in Vancouver and that shows that with a compassionate and pragmatic approach, we can make a real difference in people's lives and keep our streets safe.

With this bill, we recognize that action must be taken to ensure that our court system moves quickly to hold offenders to account and to protect victims. In the past decade, Canada's court system has been burdened with administrative offences, as well as longer and more complex cases. These delays were cited by the Supreme Court as unacceptable and, therefore, it has established strict timelines that cases have to adhere to or risk being stayed. This is unacceptable to victims, and that is why our government, the Prime Minister, and the minister responsible have brought this bill forward.

This bill would make several key changes to the culture in our court system, beginning with limiting the use of of preliminary inquiries to more serious offences to ensure that criminal cases can proceed more quickly to trial; strengthening our response to intimate partner violence; streamlining the bail process to ensure swift access to justice; providing judges with the more robust tools they need to manage the cases before them; improving the jury selection process to ensure that juries are more representative of the Canadian population; providing more discretion on administration of justice offences; and reclassifying offences to allow courts to deal more efficiently with less serious matters, freeing up limited resources for more serious offences.

I want to touch on some of the key reforms in this bill, beginning with the changes to the administration of justice offences. These are acts such as failing to comply with bail conditions or failing to appear in court. These offences are unrelated to public safety, but, nevertheless, burden individuals with unnecessary and significant delays.

Nearly 40% of all adult cases involve at least one of these administrative charges. Therefore, this bill proposes a new approach. Police would retain the option to lay a new charge for the breach or failure to appear where appropriate. However, if the offence did not involve physical or emotional harm to a victim, property damage, or economic loss, the police would have an additional option of referring the accused to a judicial referral hearing.

We are also making changes to protect victims of domestic violence by ensuring that more offenders are brought to justice. Bill C-75 proposes a higher sentencing range for repeat offences involving intimate partner violence. It would broaden the definition of “intimate partner” to include dating partners and former partners, and clearly specifies that evidence of intimate partner abuse is an aggravating factor for sentencing purposes.

The last area of reform I want to speak about is selection. The defining value of our country is our respect for equality and commitment to promoting multiculturalism, but we continually need to do more to make sure that this value remains in place, and one of those areas that has long gone unchanged is our justice system.

It is a fact that we have lower levels of representation of indigenous and minority communities in juries, and that needs to change to ensure the integrity of the justice system. That is why we are bringing in this reform. Abolishing challenges and reinforcing the power of judges to “stand aside” certain jurors in order to increase diversity and giving judges the power to decide challenges for cause will bring more fairness and transparency to the system and encourage juries that are more representative of our communities.

In closing, there are few things more important than making sure that our neighbourhoods are safe for families and our children. Whether it is making sure that we have more police officers on the ground, laws that target guns on our streets, or supporting victims of addiction, we need to keep finding new solutions for the safety of our nation. I believe this bill does that.

With a court system that is more efficient, transparent, and fair, we will uphold its integrity, hold offenders to account, and protect victims. For these reasons, I look forward to seeing all members support this bill.

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

Madam Speaker, the bill is very disappointing for those of us on the opposition benches who sat through the 41st Parliament. We saw a radical overhaul of the criminal justice system by the previous government in ways that undermined our criminal justice system, overloaded our jails, and passed the cost on to the provinces, and here I speak of the mandatory minimums.

Mandatory minimums were added to many things. I opposed them at the time, and I really did expect that the current Minister of Justice would take on this issue of mandatory minimums head-on. Now we have Bill C-75, which is fairly voluminous, but it ignores this substantial issue that is crying out for reform.

I wonder if my hon. colleague has any idea why we do not see the removal of the mandatory minimum sentences that are sprinkled throughout our criminal system. Many of them have now been struck down by the Supreme Court. Surely we should be acting to remove them.

[Sukh Dhaliwal, Liberal, Surrey—Newton, BC]

Madam Speaker, when the leader of the Green Party was talking about the previous Harper Conservative government, I remembered that their focus was on building jails. On the other hand, when we look at our government, it is using a balanced approach. On one side we want to make sure that we have a justice system that deals with criminals, but on the other hand we want to make sure that we have the programs in place that can rehabilitate offenders, that can educate, and that we have enough police forces on the ground to deal with this situation.

When it comes to minimum mandatory sentencing, I believe there should be strong sentences. Victims deserve that justice. In fact, this is the bill that helps those victims get justice by bringing it—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Unfortunately, I do have to allow for other questions.

Questions and comments, the hon. member for St. Albert—Edmonton.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, I want to ask the member for Surrey—Newton about the matter of delay, because the hybridization of offences is purported to be related to the need to deal with the backlog in Canada's courts and the Jordan decision. In Jordan, the Supreme Court determined that delay is deemed presumptively unreasonable between the laying of charges and the conclusion of trial for matters before a superior court after 30 months, versus 18 months before matters before provincial court.

How does the hybridization of offences deal with the backlog in Canada's courts? What it will ultimately do is reduce the time by nearly in half, backlogging cases onto the provinces and provincial courts, which in my estimation will result in more cases being thrown out, rather than fewer.

[Sukh Dhaliwal, Liberal, Surrey—Newton, BC]

Madam Speaker, when it comes to the hon. member's question about hybridization, we are putting this system in place to speed up the justice system. The crown has a tendency of picking up the more serious cases, and to pick up the stream. It has to have a triage system. That is how this will become a faster system. Instead, the more serious crimes are waiting in line and are taking longer.

This is what the Supreme Court wants and it is why we are bringing in this system. This system will be more efficient and bring justice to the victims.

[Anthony Housefather, Liberal, Mount Royal, QC]

Madam Speaker, I will share my time with the hon. member for Ottawa South.

One of the joys of being the chairman of the Standing Committee on Justice and Human Rights is the collegial way that we work together, which is the way we should work together when it comes to the justice system, because whether we are Liberals, Conservatives, New Democrats, or Green, we all want the same things: We want a system that moves quickly; we want a system under which the accused has the right to a fair trial and is presumed innocent; we want a system that protects the rights of victims and treats victims with respect; and we want a system that ensures that we are not soft on crime but that allows for rehabilitation of an offender.

These are all elements that we need to consider as we deal with Bill C-75, a very important bill that deals with not only the Jordan decision but a number of elements that need to be enhanced and improved within the justice system.

I want to talk about some of the elements of the bill, ones that we will need to study at the justice committee. I will start with the issue of preliminary inquiries.

Parliament was invited to look at the issue of preliminary inquiries by the Supreme Court in the Jordan case itself. Due to the vast disclosure requirements now required in preliminary inquiries, the court mentioned in Regina v. Jordan that Parliament may wish to revisit the issue of preliminary inquiries, and the bill would do away with preliminary inquiries for all those offences that do not carry life sentences.

In general, I do agree with the proposal to drastically reduce the number of preliminary inquiries. It is clear that there is no constitutional right to a preliminary inquiry. That does not mean, of course, that we do not need to consider arguments that may be made by defence counsel and those there to defend the rights of the accused, so one of the issues the justice committee will need to study is whether the list of offences for which there could be a preliminary inquiry should be expanded or should be left as it is in the bill.

Another issue that we will need to study is the issue of hybrid offences. I have heard the arguments made by my colleague from St. Albert—Edmonton on hybrid offences and on the possibility that sending offences to a provincial court with a shorter time frame under Jordan will clog up the justice system even more. I do not think it will. Doing away with certain administrative offences and reducing the volume for the court in that sense will not be problematic, but I hear that argument, and we will have to look at the list of offences that are now only indictable but that would become available for summary conviction as well, and we will need to determine whether any offences that are currently on the list to be hybridized should not be hybridized.

One of the issues that is very important for all Canadians is the over-incarceration of certain populations in this country. My colleague from Victoria, the NDP justice critic, today raised at our committee the fact that 25% of jailed people in Canada are indigenous, and among women in prison it is 33%. Since this community makes up approximately 5% of Canada's population, this is a shocking situation and it needs to be fixed. As for the other vulnerable populations that are overrepresented in the prison population, we need to diagnose why that is.

The hon. member for Saanich—Gulf Islands raised the issue of mandatory minimums. That is certainly an issue that we will need to look at in depth at some point in time, because clearly mandatory minimums are one of the reasons for overrepresentation. Another reason, though, that I do believe is dealt with by the bill in a way that I totally support is the issue of creating a new judicial referral hearing that allows people who miss a condition not to automatically be charged and sent before a court, which creates a vicious cycle in which people who, for example, miss a hearing because they do not have transportation to get to the bail hearing are then incarcerated again because they have breached a condition, and it happens over and over. I totally approve of the issue of modernizing and streamlining the bail system and legislating a principle of restraint.

Another issue we need to look at is reverse onus. I do support the presumption that those people who have already been convicted of intimate-partner violence should have a more difficult time making bail. However, I understand that there are charter issues to be raised in terms of any reverse onus of proof that we create, and that is another item that our justice committee will have to study when this bill comes before us after second reading and a vote by Parliament.

Another issue I want to talk about is amending the Youth Criminal Justice Act to reduce the rates at which youth are charged for administration of justice offences.

One of the things that has worked really well in Canada since the Young Offenders Act was revised in the early 2000s is the fact that we have drastically reduced the number of youth incarcerated in Canada. This is something we need to look at, not only for young offenders but for all offenders. We need to find a way to keep people out of the vicious cycle of prisons. We need to find a way to make sure people can stay in their communities and be rehabilitated, as much as possible.

While I have a minute, I also want to turn my attention to the sections that will be repealed in the Criminal Code.

Section 230 of the Criminal Code, which was originally dealt with in Bill C-39, is now present in Bill C-75. This is a very unfortunate section that the courts have struck down, and in the case of the McCanns, which my hon. colleague, the member for St. Albert—Edmonton, has raised on multiple occasions, the judge erroneously referenced this section, causing even more pain for the family. One of the items that we need to make sure of is that those provisions of the Criminal Code that are struck down by our courts are repealed from the Criminal Code so that nobody else could ever make that type of mistake.

I also want to draw attention to section 159 of the Criminal Code, which desperately needs to be removed. The stigmatization of the gay community through section 159, the distinction between anal sex and other types of sex, and the stigmatization of gay men by a different age of consent is totally unacceptable, totally out of date, and needs to be repealed.

One of the things that I am very proud of is that the government, in bringing forward Bill C-75, has talked to all of its provincial counterparts, has held round tables throughout the country, and has not come back with its own ideas but has come back with lots of good principles that were worked on by multiple parties.

Now it is up to us as a Parliament to further enhance the bill, and for the committee to do its good work in terms of carefully looking at each of the provisions. I am very gratified that my colleagues in the other parties have agreed that we will sit extra hours when needed to deal with these provisions and to hear all the witnesses. I want to encourage those witnesses across Canada who have comments on Bill C-75 to come forward, send their briefs to committee, and ask to appear before our committee should they have a reason to do so. The more people we hear from on these important issues, the better the law will be. The goal for all of us is to get this bill as right as possible.

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

Madam Speaker, I have a question, and I really do not know whether you will have an answer or not.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I remind the member to address the Chair and not the individual member.

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

I will do it sideways. As a question for you, I was in court with a constituent recently—

[Some hon. members]

It is question for the member.

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

The question is for the member, absolutely.

I was in a court with a constituent recently, and the woman ahead of us was standing before the judge. She was charged with two counts of shoplifting. The judge said to her, “I haven't seen you for a while. You've lost a lot of weight.” She said, “Yes, Your Honour, I've lost about 80 pounds. I'm starving. I'm trying to live on disability of about $900 a month.”

She had shoplifted in a food store in Cranbrook and she had shoplifted some clothing from a Walmart store. The judge said, “I understand your taking the food, but I don't understand why you stole the clothes.” She said, “My other clothes wouldn't fit, Your Honour. I lost 80 pounds.” The judge looked at her and said, “I don't know what to do with you.”

Could the member tell us if there is anything in this legislation that would help the judge decide what to do in situations like that?

[Anthony Housefather, Liberal, Mount Royal, QC]

Madam Speaker, I would like to thank the hon. member for the compassion that he showed to that woman. Clearly it is a woman who desperately needs help.

Under this bill, that would be an offence that would go for summary conviction. The judge has discretion today already as to what to do with respect to that type of an offence, when she is charged with a summary offence. She could theoretically be fined and not be put in prison at all.

However, this bill, in certain circumstances, would give greater latitude to not charge somebody, but I do not think it would apply in the case of shoplifting.