An Act to amend the Criminal Code (public transportation workers)

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

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Peter Julian  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of Feb. 27, 2012
(This bill did not become law.)

Summary

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

The purpose of this enactment is to give greater protection to public transportation workers by creating a new Criminal Code offence of first degree murder, and by imposing a greater punishment for the offence of aggravated assault in cases where such workers are the victims.

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.

Assaults Against Public Transit OperatorsPrivate Members' Business

October 10th, 2014 / 1:40 p.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I am pleased as well to speak to Bill S-221, An Act to amend the Criminal Code (assaults against public transit operators).

I am supportive of the bill which, in summary, would amend the Criminal Code to require a court to consider the fact that the victim of an assault, as a public transport operator, to be an aggravating circumstance for the purposes of sentencing.

The key points related to the bill are that Canadians rely on public transport to get around, yet everyday five bus operators are assaulted. That is simply unacceptable. In this city, as we come into work each morning and go home each night, we see buses rolling along. It cannot be pleasant to go to work if one is worried about being assaulted or even shouted at, as many of them are.

We understand that 2,061 bus drivers were assaulted in 2011, with attacks ranging from being spit on and punched in the head to knife attacks and sexual assaults. That is entirely unacceptable, and this bill would go some distance toward addressing that.

The nature of their work certainly puts bus drivers at heightened risk, so we have an opportunity as parliamentarians to reduce that danger to bus drivers and take action to protect them.

By making it explicit that assaulting a bus driver is a criminal offence with serious consequences, this should, although it would not in all cases, deter these crimes. I would suggest as well that there be some education and notice, whether on buses or in bus terminals, that this is an offence. Maybe it would give people second thought as to whether they would treat bus drivers in an unacceptable fashion.

The Liberals support the bill in general. It is a private member's bill, but we have had discussions on it and there seems to be fairly widespread support in the House for Bill S-221.

I want to name a couple of my colleagues who have done fairly extensive work on addressing the difficulties that bus drivers face when they go to work everyday.

The member for Winnipeg North has spent a lot of time examining public transport in his city and holding discussions with drivers. He even did a ride along. It was truly an eye-opening experience to be with the bus driver and see what drivers faced over quite a number of hours. It is not like getting on the bus and getting off four or five stops down the road. The member for Winnipeg North certainly got a feel for what it was like to be in that workplace on a continuing basis.

Then there is the Liberal long-term member for Wascana, who introduced Bill C-533. The bill would make the nature of a victim's employment as an on-duty transit operator an aggravating factor for sentencing purposes in relation to all Criminal Code offences. I will talk a bit more about the views of the member for Wascana on this matter.

As well, there have been others who have introduced private members' bills related to this issue. There is Bill C-402, which comes an NDP member, and Bill C-637, which comes from an independent member.

Many members in this place are concerned about the issue and have put forward various proposals.

As I said earlier, the member for Wascana put out a blog today. He wrote:

With the support of transit employees, their unions, municipalities and other transit operators, police officers, the Canadian Urban Transit Association and others, I have spent the past year promoting legislation to better protect bus drivers and other transportation workers.

That bill was Bill C-533. Some aspects of that bill are related to and referenced in this piece of legislation.

As he stated in his article today:

These people provide vital services to the general public in all sorts of locations in all weather conditions and at all hours of the day and night. They are often on duty alone, operating powerful vehicles on public streets and thoroughfares. By the nature of their employment, they assume serious responsibilities for public service and safety, and put themselves in a vulnerable position.

He went on to say:

“Bill C-533 had earned broad public support, but remains on the Order Paper of the House of Commons. Such Private Member's Business is selected for debate and a vote by the luck of a draw. Other MPs from all other Parties have also advanced similar proposals from time to time. This is not a partisan issue that divides along political lines”.

A few months ago, a Conservative Senator (Bob Runciman) brought forward his own proposed “bus driver” legislation (Bill S-221).

That is the bill we are dealing with today.

It differs in detail, but is similar to mine in principle. The procedure applying to Senate Bills has allowed S-221 to move more quickly.

That might be something we need to consider here.

It has passed the Senate and is coming before the House of Commons today.

That is what we are debating. I and other members of my party encourage the House to support this piece of legislation.

Bill S-221 is not as broad in proposal as is Bill C-533. As the member for Wascana pointed out:

It applies only to certain specific offences in the Criminal Code, not every offence. And it doesn’t make any reference to persons coming to the aid of a bus driver under attack. On the positive side, it does include a useful definition of “transportation employee” that covers certain others like taxi drivers too.

From the outset, I do not believe many of us consider this legislation to be a partisan proposal or a partisan position. It is useful legislation and should be moved forward through this chamber quickly.

The member for Wascana continued:

Once it becomes law, transit operators need to launch prominent communications campaigns,

—as I said a moment ago—

informing the public that offences against people like bus drivers are serious criminal matters carrying serious penalties. And offenders will be prosecuted.

To come back to where I began, bus driver assaults in any fashion, whether it is language, spitting, or actual assaults, are a serious matter. These people provide a public service. They deserve a safe and secure workplace, and the bill should show that Parliament supports them in their workplace in having a safe environment to work in.

I am certainly pleased to support this legislation.

October 7th, 2014 / 1:30 p.m.
See context

Committee Researcher

Alexandre Lavoie

The bill amends the Criminal Code to require a court to consider the fact that the victim of an assault was a public transit operator as an aggravating circumstance for the purposes of sentencing. There are currently three similar bills, C-402, C-531, and C-533, that have been reinstated in the House from the previous session, but none have been voted on yet. They're not even on the order of precedence.

Criminal CodeRoutine Proceedings

February 27th, 2012 / 3:40 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

moved for leave to introduce Bill C-402, An Act to amend the Criminal Code (public transportation workers).

Mr. Speaker, Canadians rely on transit operators and bus drivers across the country to get them, their friends, their family members and their loved ones to work and to events safely.

However, over the last few years we have seen is a disturbing trend where a growing number of transit operators and bus drivers are being assaulted in the line of duty. While they are protecting Canadians, taking them from point A to point B, often they are subject to verbal threats and often quite worse. What we have seen in places like Vancouver, Winnipeg, Toronto and Montreal is a growing trend of assaults against bus drivers and transit operators, which is why I am moving forward with this bill. I thank my seconder from York South—Weston. The bill would increase penalties for those who assault bus drivers and transit operators in the line of duty.

The bill has been supported by the Canadian Auto Workers and the Amalgamated Transit Union. I think we have a broad based consensus across the country that we should be protecting our bus drivers and transit operators when they are working in the line of duty and ensuring that our loved ones are safe.

I hope the bill will receive support from both sides of the House and that we can move rapidly to its adoption.

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