Bill C-35

Canada Early Learning and Child Care Act

An Act respecting early learning and child care in Canada

This enactment sets out the Government of Canada’s vision for a Canada-wide early learning and child care system. It also sets out the Government of Canada’s commitment to maintaining long-term funding relating to early learning and child care to be provided to the provinces and Indigenous peoples. Finally, it creates the National Advisory Council on Early Learning and Child Care.

[Lori Idlout, NDP, Nunavut, NU]

I had my staff do just a bit more research on “Indigenous governing body”. I asked them to do a search on where that term also exists.

The term exists in Bill C-35, the early learning and child care in Canada act; in Bill C-23, an act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage; the Corrections and Conditional Release Act; Bill C-91, an act respecting indigenous languages; Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families; Bill C-68, an act to amend the Fisheries Act and other acts in consequence; Bill C-69, an act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other acts; and Bill C-97, an act to implement certain provisions of the budget tabled in Parliament on March 19, 2019.

I haven't looked at how these might differ from each other.

Having said that, have you been able to assess whether or not there are similarities or differences between what's in this act and what these other acts might be?

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Thank you.

My questions are about funding for early learning. The Senate adopted an amendment to Bill C‑35, which is now back in the House of Commons. The Senate clearly recognized the fact that there has to be targeted funding for child care in French outside Quebec. As we know, the Fédération des communautés francophones et acadienne du Canada, the FCFA, supported that recommendation.

I would like to ask Ms. Boutiyeb and Ms. Enayeh if the Alliance des femmes de la francophonie canadienne thinks this is an important amendment.

Online News Act

[Clifford Small, Conservative, Coast of Bays—Central—Notre Dame, NL]

Madam Speaker, I will be splitting my time with the member for Carlton Trail—Eagle Creek.

The NDP-Liberal coalition has been as sly as a fox and as slippery as an eel with this piece of legislation known as Bill C-18, the online news act. This is yet another Liberal attempt to control the online content available to the people of Canada. The government will pick winners and losers among our various media outlets with this faulty legislation if it passes.

When this bill was before our House of Commons' standing committee in December, the government cut off hearing from witnesses who wished to voice their concerns about the fairness for media outlets. These witnesses and media stakeholders who wanted to put forward their concerns were simply shut down. After hastily being pushed through the standing committee, Bill C-18 came back to this place, where the censoring Liberals called time allocation after just three hours and 20 minutes of debate. What utter disregard for the many journalists and media outlets whose livelihoods will be weighed in the balance should this law pass.

The NDPs who supported the Liberals, when their blushing brides wanted to rob witnesses of the opportunity to testify at committee, backed them again by shutting debate down and rushing to get this bill passed here and sent off to the Senate. This is what we have seen time and time again with these partners in crime when it comes to legislation that supports their socialist agenda.

Legacy socialist legislation, like Bill C-11, Bill C-21 or Bill C-35, routinely gets pushed through this House with no regard for the views of stakeholders, ordinary Canadians and the opposition party.

What is wrong with Bill C-18, one might ask? Why are we using our resources to oppose this legislation? How is it bad for the Canadian public? How is it bad for small and local and ethnic media? How is it bad for journalists who want to maintain their independence?

I will tell us a little bit about that.

While this bill was in our House standing committee, the Liberals' court jester, the Minister of Heritage, deceived the committee with fake stats. He claimed that news outlets are destined for extinction. He cited a study that showed that 400 news outlets had closed since 2008. The conniving part of this testimony was that he left out a very important piece, also outlined in that same report, which was that hundreds of new outlets had opened during that exact same period, yet the jester claims that this bill is about supporting local media and building a fair news ecosystem. Nothing can be further from the truth.

This bill will favour darlings of the costly coalition like the CBC. The Parliamentary Budget Officer reported that more than 75% of the money generated by this bill will go to large corporations like Bell, Rogers and the CBC, leaving less than 25% for newspapers. Very little of that will be left over for local and ethnic media after big newspaper businesses take the lion's share of that 25%.

According to the PBO, the Liberal claim that this bill will help sustain local newspapers and ethnic media is completely false.

That is why Conservatives tried to fix this grave injustice at committee but the NDP-Liberal coalition, and the Bloc, voted against the amendment.

Conservative senators tried to amend this bill to stop state-backed broadcasters like the CBC from competing with private broadcasters and publications for this limited money when they already receive secure funding from taxpayers' dollars.

According to the PBO, this bill would generate $320 million, and of that amount, $240 million would go to the big broadcasters: CBC, Bell and Rogers. They would be entitled to more resources than they can possibly use, to help them increase their market share, while smaller outlets like the Toronto Star could disappear, heaven forbid.

Bill C-18 is another greasy attempt at online censorship. It walks hand in hand with Bill C-11. The other place sent this bill back to this place with amendments made by its independent senators, while amendments proposed by Conservative senators have been completely disregarded. Witnesses at the Senate committee painted a grim picture for most journalism in Canada, but that testimony was disrespected and trashed, along with the amendments that arose from it. The Liberal government is determined to control what we see online. According to witnesses from The Globe and Mail, News Media Canada, La Presse, Le Devoir, CANADALAND, The Line, and Village Media, this bill would create enormous risk for the independence of the press, for the bottom line of news outlets and for the future of digital media across this country.

The government has disguised its eagerness to control what news can be shared online with its appearance to want to straighten out big tech, like Facebook and Google, and to protect small media. Does that sound familiar? The same Minister of Canadian Heritage used these exact same tactics with Bill C-11 by touting his protection of Canadian content; however, at the same time, he cut small media's global revenue streams.

The government is enlisting the help of the CRTC to determine what is news and what is not. When something is created to share information about something new, otherwise known as “news”, it would be up to the CRTC whether it can be seen online in this country. Who asked for this bill? Legacy media asked for this bill, and the Liberal government has responded. The bunch on that side of the House will make sure that their story, their narrative, their agenda and their propaganda get out, and that opposing viewpoints are silenced. That is what this is all about. The government will use this legislation to choose winners and losers in the information world, and if it does not match its socialist agenda, news will not see the light of day. Good journalists and independent news media risk falling by the wayside if this legislation receives royal assent.

Conservatives will fight censorship and stand up for freedom of the press, which is now much broader than what it once encompassed. This is a new world, and a new approach is required to fight censorship. Censorship can be easily enacted in the online world without anyone ever suspecting it. On this side of the House, we stand for freedom and for protecting the public from legislation which would restrict the news content they would see. This bill to protect legacy broadcasters would drastically impact what news Canadians can see online, and Conservatives will not go on the record as supporting it. Censorship is censorship, however one slices it, and I will not vote for a bill that supports it in any way.

To conclude my remarks, my thoughts are with my colleague from Lethbridge, who, in my opinion and in the opinion of many of my colleagues, has been censored. She has been treated unfairly. It rushed to my mind as I was speaking so much about censorship. Hopefully, my colleague will receive justice.

Canada Early Learning and Child Care Act

[The Speaker, Liberal, Anthony Rota]

It being 3:20 p.m., pursuant to order made on Thursday, June 23, 2022, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-35.

Call in the members.

The House resumed from June 15 consideration of the motion that Bill C-35, An Act respecting early learning and child care in Canada, be read the third time and passed.

Bill S-8—Time Allocation Motion

[Sean Fraser, Liberal, Central Nova, NS]

Mr. Speaker, I always enjoy the opportunity to engage with my hon. colleague. He is one of the most articulate members in the House of Commons.

With enormous respect, it is important that we not adjudicate the ability of a government to make a difference in people's lives by the number of bills that a government has adopted. It may be that there are bills that have an enormous impact that will take longer to debate. I think, for example, about Bill C-35, the opportunity to put an affordable early learning and child care strategy in place in this country, which has now received a significant amount of debate and will be implemented over time.

To the extent that our use of time allocation reflects the same number of instances per bill, I have no reason to doubt the figure that the member is citing. However, what is important is not just the number of times that it has been used, but the context in which it has been used. If we look at this present piece of legislation that is being debated on the floor of the House of Commons, we can see that there is widespread agreement, and we can see that there has been significant debate.

This is a sea change in the appropriateness when I look at some of the instances where it was used before I was a member of Parliament; in particular when omnibus budget legislation was used, not for relatively uncontroversial measures but for things that would significantly erode the environmental assessment process that we use for waterways and our oceans. These are the kinds of things that I know attracted a lot of controversy at the time, not just because time allocation was being used, but because of the widely divergent views on important issues that were existential to the debates that we have in these chambers.

My view is that this is an appropriate time to use time allocation. It does not reflect anything other than an attempt to get something done that, I think all members will agree, is the right path forward. I look forward to having debates where appropriate and moving forward expeditiously with legislation when we are able to find common ground and agree, after a healthy debate has taken place.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I can recall the days when I was in opposition, and I spent a good number of days in opposition. Even back then I would articulate as to why time allocation can be an effective tool in getting legislation through. Opposition at times can, in fact, cause a great deal of frustration of the legislative process, because it does not take much to prevent legislation from being passed. All it needs is putting up speakers or possibly moving an amendment. A classroom of grade 12 students from any high school in Winnipeg North, I can assure members, would be able to prevent any legislation from ultimately being passed or force the government to bring in time allocation. It does not take much.

The issue is having an adequate amount of debate, and looking for that support, as the minister says, such as with Bill C-35, on the national child care program. Everyone was supporting it. Everyone said they were going to be voting in favour of it. We can look at the amount of debate. Without time allocation, we never would have gotten it passed earlier.

I have a question for the member, and he has already spoken to a good part of it already. There is a need. It can be a useful tool, and I think we have been able to demonstrate good decision-making in terms of when we need to bring in time allocation.

That is more of a comment than a question, but the member can feel free to provide other thoughts.

Canada Early Learning and Child Care Act

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, before I begin my speech, I would like to take a few moments to talk about the tragic accident that occurred in Dauphin, Manitoba. Fifteen people were killed and another 10 are in hospital fighting for their lives. On behalf of all my colleagues from Quebec, my Conservative colleagues and all my colleagues in the House, I want to say that our thoughts are with those who responded on the scene, the first responders, the families of the victims, who are at the hospital with their loved ones, and all the communities affected. We are talking about seniors, who are the heart of the community around Dauphin, Manitoba. I feel we need to take a moment to think about all these people who are currently going through extremely difficult times.

I am feeling a bit emotional as I say this. I hope my colleagues will allow me to digress from the subject at hand, which is Bill C‑35. This summer will mark the 10th anniversary of the Lac‑Mégantic tragedy, when 47 Lac‑Mégantic constituents lost their lives in a tragic accident. It was the worst rail tragedy in eastern Canada's history.

These moments are always difficult. A community can never really recover from a tragedy like this. Yesterday in room 325 of the Wellington Building, I had the opportunity to present a documentary directed by Philippe Falardeau about this tragedy. The title of the documentary is Lac-Mégantic: This is Not an Accident. Why was this title chosen? Because many things could have been done to prevent this terrible tragedy from happening. Some of my colleagues attended the screening, and they were all shaken by the images they saw, by the reminder of this terrible tragedy. When tragedies like this happen, it is our responsibility as members of Parliament to take the time to look at what happened, to take the time to analyze what was done then, what was done beforehand and, above all, what will be done in the future.

We will soon mark the 10th anniversary of the Lac-Mégantic tragedy. It should not become just a date on which we remember things that happened. It should be a date on which we remember that we failed to do enough and that we must always do more to protect people's lives. People are counting on the legislators here in the House to make a difference when it comes to regulations and to corporations that are interested only in making a profit, sometimes, and too often, at the expense of safety.

In closing, I thank my colleagues who attended yesterday's screening of the documentary. I also encourage anyone who would like to watch the documentary to do so. My Bloc Québécois colleague was there. Members of the Conservative Party were there. There were Liberals. My colleague from the NDP was there as well. Partisanship has no place here when it comes to doing our jobs. We can disagree on how to fix things or how to come up with solutions, but one thing is certain: We must all work toward the same goals to ensure that such tragedies never happen again.

Just now, after seeing the images of this new tragedy in the media, I needed to take a few minutes to think back on what happened in Lac-Mégantic and remind these people that we are with them and we support them. I also wanted to emphasize that our duty as members of Parliament transcends partisan games. Our duty is to improve the lives of the citizens we represent here, as well as the lives of citizens across Canada.

I thank my colleagues for allowing me to digress for a moment about these developing events.

We are here to discuss Bill C‑35.

My wife has been an early childhood educator for about 20 years. That has given me the opportunity to observe the evolution of public child care in the province of Quebec. I had the opportunity to see how these services were implemented because I was also involved in other levels of government at the time. I had the opportunity to see what a difference it can make for families, but I also saw what a difference it made for families that did not have access to child care.

I saw how much hard work and energy went into ensuring that, first and foremost, child care enabled women to access the labour market. I will tell it like it is: Parenting responsibilities have traditionally fallen to women. Unfortunately, many women have to say no to a career, put their career on hold or delay going back to school because they do not have access to child care. That is the reality we are facing today.

In recent years, we have seen more and more women enter the workforce, particularly in Quebec, and more and more women become totally independent. That is what we should be striving for. A growing number of women are getting involved in politics, in management and in decision-making positions. Madam Speaker, you are living proof of this. There are many things that a woman can do. Nothing is impossible.

The fact remains, however, that when a woman decides to have children with her husband or partner—and I do not want to limit this to a man and a woman—when a couple decides to have children, there is always the issue of child care. When someone has a child, if they want to go back to work, if they want to keep their job, if they want to keep getting ahead, they may not necessarily be able to do both at the same time. They have to take a break. If the break lasts too long, sometimes women unfortunately do not get back into the workforce, or sometimes men do not get back into the workforce. That is the reality.

The government came up with the proposal of a national early learning and child care system in Canada. We have already seen this play out in Quebec. More than 20 years ago, Quebec tried to set up a similar system. For the past 20 years, child care has cost less than $10 a day for families in Quebec. Does every mother, every family have access, 20 years later, to child care services? No, unfortunately. Why? Because the system is not able to absorb all the applications for child care.

My wife is an educator, and I have seen up close the different attempts by the government to ensure that families have access to public, educational child care services. They were called placement centres. People went there to register their children on waiting lists. In Quebec, people practically have to put their child on a waiting list before they are even conceived. If they wait too long, the child will be two and a half or three years old before a spot becomes available.

The Government of Quebec chose that system. The families who do not have access to this system, who did not have the chance to enter the system, whether at a facility with several groups, a yard and some games, or at a home-based service, which is also subsidized in Quebec, have no other option.

If they do not get a place for two and a half years, families have no other option. They cannot access affordable child care because the Quebec government chose the public child care option. Public assistance will therefore go to those who are lucky to have a spot.

Quebec is now facing another problem. I can speak to it because my wife is aware of it every day. Not only are there not enough spots, but now there are not enough early childhood educators in the system to be able to fill all the spots. There are children on wait lists that cannot access child care services because there are not enough educators. Some spend hours and hours with children without a break all day. At the end of the week they are burned out. They are spread so thin that, after a few years, these young women quit their jobs and look for other work.

The system is struggling because there is not enough staff and families do not have spots. This is all because the Quebec government chose to put all its eggs in one basket, namely public child care and early learning services.

The government could have chosen another option. If the government had offered help, mothers could opt to spend a year at home. Instead of putting all their eggs in one basket, the government could have offered a credit to mothers who decide to stay at home.

The government could have chosen to offer a credit to families who want to go to the private sector to access a spot. There is a parallel network of private child care in Quebec, alongside public child care. Private child care costs a lot more, but unfortunately, the government does not contribute to that network. It costs families a lot more. They have to pay out of pocket right away. They will recover some of that money at the end of the year, but it will never be as much as if they had had access to the public system.

The thing is, these mothers and families pay the same taxes and income taxes as everyone else, but unfortunately, they do not have access to the same services. The consequences of that are serious for these mothers. I often talk about mothers, but that is the reality. I wish it were not so, but it is. The lack of child care spaces primarily affects young moms. That is what we see.

The government's proposal was to introduce a national child care plan that would reduce child care costs by an average of 50% by the end of 2022 and bring them down to an average of $10 a day by 2026. The question is, who gets these discounted child care services? It is 2023. Will everyone have access to child care at an average cost of $10 a day by 2026? Quebec has not been able to pull that off in 20 years.

That is the reality. Everyone has good intentions. We want to do the right thing and help, but if there are no educators on the ground, it is not going to work. If there are no services, it is not going to work. If there is no incentive for a parallel network to absorb the surplus that the public network cannot handle, it is not going to work.

That is why we have expressed some doubts. Will the promised results ever be achieved? I have seen a lot of promises. Every government that has come and gone in Quebec has promised to either move faster or offer more spots. At one point, they even wanted to increase child care costs and make them proportionate to salary, so that people who earn more would pay more. During another election campaign, it circled back to the idea of a single rate for everyone. In short, they have tried everything, yet, even now, there is a significant shortage of child care spaces.

I therefore urge people to be cautious. I am speaking to mothers and families across Canada. There is no way that we will be able to set up a national child care system that is fair and equal for everyone in three years. It is simply not possible. If it were, all mothers and families in Quebec would have had access to a subsidized system a long time ago.

I want to talk about something that is very dear to me. I am often asked whether these child care and early learning services are useful. I am told that babysitters are available, and I am asked these questions: Why should people who are not working not have access to child care in Quebec? Why should subsidized child care be provided to people who do not need it because it is available at home, since mothers can stay at home? There are many reasons, but it is not for me to judge.

I can say that my wife is a child care technician. She was trained at college to be able to not only take care of children, but also support them in their learning. That is a good thing. It is needed. That is the choice that Quebec made.

Now, what I would like for Quebec, Ontario, Alberta, and British Columbia, is for the program being brought in to allow the provinces to choose the system that works best for them. We know that it is not easy because in 20 years, Quebec has been unable to create enough spots. I would also like the program to allow families to have a choice and create the spots that women need. It is great to talk about money and say that this is not going to cost much, but if there are no spots that do not cost much, then women and families will not have more access to child care services and we will be back at square one.

Will Bill C‑35 help produce better results? I hope so, but I am counting on the provinces for that because they are the ones that will ultimately make the decisions. It is not the federal government that will make the decision. So why is the federal government imposing standards on the provinces on how they should set up their network of child care and early learning services? I do not think it is a good idea to do this.

This bill seeks to confirm agreements that already exist. The government has already reached agreements with all the provinces to give them money to establish child care services. It is setting conditions. I believe that the best way to move forward would have been to remove the conditions and allow the provinces to develop the best child care services possible based on their situations. We could have then made progress and made it possible for more and more women to access the labour market and education to fulfill their careers and dreams.

I would like to thank my colleague, the member for Peterborough—Kawartha, for the excellent work she did for our party on Bill C‑35. I think she did a lot of research and that she is very up-to-date on this matter. I will follow her lead when voting on Bill C‑35.

The House resumed from June 14 consideration of the motion that Bill C-35, An Act respecting early learning and child care in Canada, be read the third time and passed.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I am very glad to respond on behalf of the government.

This afternoon we will continue debate on Government Business No. 26, concerning amendments to the Standing Orders. When debate concludes later this evening, we will consider Bill C-35, respecting early learning and child care, followed by Senate amendments to Bill C-9, concerning the Judges Act.

Tomorrow we will consider Bill C-42, respecting the Canada Business Corporations Act, at report stage and third reading, and Bill S-8, respecting sanctions.

The priorities for next week shall include Bill S-8, on sanctions; Senate amendments to Bill C-18, respecting online news; Bill C-40, concerning the miscarriage of justice review commission act, also known as David and Joyce Milgaard's Law; and Bill C-33, which strengthens the port system and railway safety.

Thursday shall be an allotted day.

Finally, I request that the ordinary hour of daily adjournment for the next sitting be 12 midnight, pursuant to order made Tuesday, November 15, 2022.

The Economy

[Karina Gould, Liberal, Minister of Families]

Mr. Speaker, what Canadians are sick and tired of is the Conservatives' hypocrisy that they care about affordability for Canadians. Right now in the House they are holding up BillC-35, an act respecting early learning and child care. There are only 19 minutes left in debate to get this bill passed through the House to go to the Senate.

Conservatives keep saying they care about affordable child care, but all they have done is play partisan games to hold it up. When will they finally be honest with Canadians and tell them they do not care about it, instead of playing silly games?

Instruction to the Standing Committee on Industry and Technology

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I always welcome the opportunity to point out the hypocrisy of the Conservatives. Sometimes they just make it too easy.

When I first walked in this morning, honest to God, I really thought we were going to be passing historic legislation. I really thought we were going to be talking about Bill C-22. After all, if anyone went on the Internet and looked at what is happening in Ottawa, what would be debated in the House of Commons, the first thing in government business was Bill C-22.

I am sorry, Bill C-22 is another national program, that is the disability program. We do so much good stuff, there so much out there. We are supposed to be talking about Bill C-35, and it did not take a Conservative to point that out. They kind of get lost in the numbers.

At the end of the day, we were supposed to be talking about Bill C-35 today. It is a national child care plan, from coast to coast to coast, and we are enshrining it into law. We had 20 minutes to go, and then it would go into law.

However, no, the Conservatives had a different agenda. They have a partisan agenda. They have an agenda that says “cause frustration, do not allow legislation to pass.” The previous speaker stood up and said that we needed to have more legislation, referring to Bill C-27. He wants to multiply Bill C-27 into three bills. He wants us to introduce three more pieces of legislation so that the Conservatives have more to filibuster.

The member is criticizing the government, saying that it has been months since we last called this legislation. A lot of issues are happening on the floor of the House of Commons, even with the frustrations caused by the Conservatives, and they cause a lot of frustration. I will give them that much. They know how to play a destructive force. Never before have I seen an opposition, and I was in opposition for 20 years, so focused on playing a destructive force with respect to legislation.

Earlier today, I reminded the opposition that it was a minority government, and I acknowledge that. We accept the fact that we were elected as a minority government, and we thank Canadians for recognizing us and allowing us to continue in government. We take that very seriously. I kind of wish the Conservative Party would recognize that as well.

Do they not realize there is a sense of “responsibility” for opposition members as well. Providing endless filibusters and trying to prevent every piece of legislation from passing is the goal of the Conservative. Just last week, and I referenced it this morning, the Conservative leader made a strong statement, and it made the news. It was on Newswatch in fact, not to mention other news agencies. The Leader of the Conservative Party said that he was going to speak and speak and speak, and he might have said “speak” a few more times, to filibuster our budget implementation bill. Let us think about all the things in that the budget implementation bill, and there is not enough time to elaborate on that. That was his intention. He was going to speak until we changed it, and four hours later it passed.

We have these mechanisms to ensure that at least, even with the destructive force of the Conservative Party, we can still get things done for Canadians.

Let us fast forward things here. The Conservatives did not want to debate the child care bill this morning. Instead, they wanted to talk about an issue that now brings us to Bill C-27—

Justice and Human Rights

[Judy Sgro, Liberal, Humber River—Black Creek, ON]

Mr. Speaker, my hon. colleague has done admirable work on the files that she has had, on these ones and on the other ones before. We have worked together on a variety of different things. I have tremendous respect for my colleague, but I have to say that there are issues that are taking valuable time in the House. We are supposed to be talking about Bill C-35, which would entrench the issues of child care across Canada, to make sure that child care will continue to be available throughout the country and be affordable. I came in totally prepared to be dealing with Bill C-35.

What we are doing is wasting time. That is the wrong wording. We are accepting these recommendations and applauding the recommendations, but we should really be moving on with trying to get the legislation of the government through. That is part of what our job is: to move legislation through. That was what my intention was when I came today, and I would hope that, as soon as this is finished, we will get on to doing that. Issues of what a minister did, should do, or whatever, are issues, I believe, that should not be on the table for our continued discussion. We should be putting our legislation through the House.

[Judy Sgro, Liberal, Humber River—Black Creek, ON]

Mr. Speaker, I came in here this morning expecting to be dealing with Bill C-35. I certainly agree with the recommendations in this report. As my hon. colleague indicated, we should stay very focused on these recommendations but move forward.

The amendment that my colleague moved for in the concurrence report is just another effort to politicize another terrible issue that we are concerned about, injuring the very victims who we are talking about in the recommendations from the Standing Committee on Justice and its recommendations to be more sensitive to the victims. With the amendment that was moved earlier, it is exactly the opposite.

I do want to speak today on this and talk about Bill S-12, which is the government's commitment to victims of crime. I will highlight different parts of Bill S-12, an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act.

Bill S-12 has three main objectives: first, to respond to the decision of the Supreme Court of Canada last October in R. v. Ndhlovu, which struck down elements of the national sex offender registry; second, to strengthen the effectiveness of the registry; and, third, to empower survivors and victims of crime by changing the rules governing publication bans and a victim's right to information; all three very important.

Today, I want to explain some of the proposed reforms that aim to ensure that the registry continues to be an effective and efficient tool for law enforcement. The RCMP and the Canadian Association of Chiefs of Police have lauded Bill S-12, and we are pleased that the legislation would ensure that the police agencies have what they need to do their jobs to better protect victims of crime and to prevent future crimes.

Bill S-12 would add to the list of offences that qualify a convicted offender for registration. Of particular note, the bill would add the offence of non-consensual distribution of intimate images to the list. The bill would also target so-called “sextortion” by adding extortion to the list when shown that it has been committed with the intent to commit a sexual crime. This is an important step forward in helping the police identify perpetrators of offences, which are becoming far more prevalent in the digital age with which we are dealing.

The bill also proposes a new arrest power in the Criminal Code to address the issue of non-compliance with registration obligations. Currently, it is estimated that up to 20% of individuals with obligations related to the national sex offender registry are non-compliant. This is not acceptable to any of us as parliamentarians and it is not acceptable to Canadians.

The only legislative mechanism to facilitate compliance with the registry under the current law is to arrest an individual and lay a charge under the Criminal Code. However, laying a distinct charge does not necessarily result in compliance, which is the goal. The bill would create a compliance warrant to allow police to seek arrest warrants to bring non-compliant sex offenders to a registration centre to fulfill their obligations under SOIRA.

Another important change is that the bill would newly require registered sex offenders to provide police with 14 days advance notice prior to travelling, as well as a list of the specific addresses where they will be staying during to course of their travels. This will allow police sufficient time to conduct a risk assessment and to notify appropriate law enforcement partners, if necessary, in accordance with their existing powers under the SOIRA.

Next, I would like to discuss the publication ban and the victims information measures. These are critical steps to respond directly to victims' requests of our justice system, which is much of what the report that we have from the Standing Committee on Justice refers to, to ensure that we are listening to the victims.

Bill S-12 proposes publication ban reforms that respond directly to calls from survivors of sexual violence. Victims deserve more agency in the criminal justice process and the ability to tell their own stories if they so choose. They clearly are not being given enough priority and enough opportunities to share their stories.

The various publication ban provisions in the Criminal Code are intended to shield witnesses and victims from further harm by concealing their identity. A publication ban can encourage the testimony of victims and witnesses who may otherwise be fearful of coming forward. As we have heard many times over the last several months about publication bans, people who agreed to them for various reasons actually want them removed. Some survivors and victims of crime have found that publication bans have had the effect of silencing or restricting them. Again, we heard that several times in the last week or so. In fact, I recently saw a news report saying that eight women who were all subject to these publication bans wanted them removed so they would be able to speak about the situation that affected them and use it as an opportunity to educate other people.

Under the current system, we have seen victims convicted of violating a publication ban intended to be for their sole protection and benefit. This is clearly unacceptable. These survivors deserve to share their own stories if they so choose, and it is important that it be their choice and their choice alone, not a condition of some degree of settlement that will restrict them forever. One by one, many of the publication bans being removed are being removed at the request of the victims, at the request of the women who are still suffering as a result of some incident in their lives some years back.

To address this issue, Bill S-12 proposes that judges must ask prosecutors to confirm if reasonable steps have been taken to ensure that a victim has been consulted on whether or not a publication ban should be imposed. This proposal is in line with recommendation 11 of the seventh report of the Standing Committee on Justice and Human Rights, entitled “Improving Support for Victims of Crime”. In addition, Bill S-12 would clarify the process to modify or revoke a publication ban after one has been imposed by codifying the process that currently exists only in common law, which is to say through judicial decisions.

The bill would also ensure that publication bans are applicable to online material, an area that is of extreme importance to us as we move forward. Our young people are exposed to a tremendous number of things on our Internet systems, and we are having to deal with more and more issues, as young people are seeing and participating in things that they should not be. However, much of this online material may have been published before a ban was imposed.

Both of these measures recognize that victims and survivors should benefit from the right to change their minds. Choice to revoke or modify a publication ban should be dictated by the wishes of the victim or the survivor, not an employer or some other organization. However, the bill proposes that a residual discretion be given to the judge to refuse such a request if it would, for example, possibly identify a second victim involved who wishes to remain anonymous. It is expected that these types of scenarios would be extremely rare and that, for the overwhelming majority of cases, a publication ban would be lifted in cases where the victim clearly does not want it in place.

There is no good or right way to be a victim. This legislation recognizes the choice of victims and survivors and provides them with decision-making power. Returning power to victims and survivors of sexual violence can be essential for the healing process and can prevent retraumatization in the criminal justice process. Recently at the standing committee on women, many individuals were talking about their experiences and how difficult it was, and how little support there was, for them to talk about the issues they were facing.

It is important that we get this right. I suspect that many members have already heard from survivors while working on this issue, as I have. I am sure that many of my colleagues from all sides of the House have listened to and heard from many people, men and women, who have been victims.

Survivors are looking to us to fix the publication ban regime to better empower them and to treat them with dignity and respect. With a publication ban in place, they are not able to speak with anybody about the pain and suffering they went through. Removing the publication ban, which is what Bill S-12 is suggesting, would allow them to do that.

I look forward to working with all of my colleagues to ensure that we get this delicate balance right. This is an area that we can review at committee to see if the language can be strengthened further.

I want to take a moment to speak about a victim's right to information about the case of an offender who has harmed them. This right is enshrined in the Canadian Victims Bill of Rights in sections 6, 7 and 8. Bill S-12 would make it easier for victims to access information about their case after sentencing or after an accused is found not criminally responsible on account of mental disorder.

To achieve this goal, the bill proposes several measures. First, it would require that the judge ask the prosecutor whether they have taken reasonable steps to determine whether the victim wishes to obtain this information. Second, the bill would allow victims to express this interest through their victim impact statement. Finally, the bill would require the court to provide Correctional Service Canada with the victim's name and the information if they have expressed a desire to receive this type of information. It is an extremely important part of this bill to give victims the option if they want to receive this information. Not everyone would want it because very often it revictimizes the victims.

Once again, this approach is respectful of the needs of victims and seeks to provide the flexibility required to obtain the information at a time of their choosing. I note that this proposal received particular attention and support from the federal ombudsperson for victims of crime.

The changes contemplated by this bill would meet an urgent need to make the laws governing the national sex offender registry compliant with the charter. At the same time, it would make the registry better able to accomplish its vital purpose of providing police with current and reliable information to investigate and prevent crimes of a sexual nature. It would also take an opportunity to make the criminal justice system more responsive to survivors and victims of crime, including victims of sexual offences.

These reforms are targeted, measured and sensible. They will make a tangible difference for victims of some of the most serious crimes under our law. They align with our government's firm support for victims of crime. We will never leave victims behind, and we are constantly working to improve our justice system to better accommodate victims.

The report that was tabled this morning, on which concurrence has been moved, is from the Standing Committee on Justice and Human Rights, and it has 13 excellent recommendations very focused on how we can make life better for the victims and how we can better respond to the needs of victims. I look forward to discussing those recommendations as we proceed with the hearing today.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I can honestly say that, when I came in this morning, I had no speech prepared whatsoever. I had full intentions of seeing Bill C-35 pass through the House. It was not only going to be a majority; my understanding is that every member in the House is going to be voting in favour of Bill C-35. I honestly believed that we were going to be debating that and then going on to the next item.

I have been in opposition. Most of my political career has been in the opposition benches. Even when I was in opposition, and it can be found in a Hansard search, members will find that I have said in the past that something like time allocation is a necessary tool in order for governments to be able to pass legislation.

Filibustering for no real purpose, other than to frustrate the system, does a disservice to the chamber. I think we need to put Parliament ahead of politics. I have given the odd partisan speech, I will admit that. Having said that—