House of Commons Hansard #17 of the 41st Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was crime.

Topics

Scrutiny of Regulations
Committees of the House
Routine Proceedings

3:10 p.m.

NDP

Françoise Boivin Gatineau, QC

(Motion agreed to)

Asbestos
Petitions
Routine Proceedings

September 21st, 2011 / 3:15 p.m.

NDP

Pat Martin Winnipeg Centre, MB

Mr. Speaker, I have the honour of introducing a petition signed by literally thousands of Canadians from all across the country, more often than not in Quebec, calling upon the House of Commons to take note that asbestos is the greatest industrial killer that the world has ever known and, in fact, that more Canadians now die from asbestos than all other industrial and occupational causes combined. These signatories point out that Canada remains one of the largest producers and exporters of asbestos in the world and that the Government of Canada spends millions of dollars subsidizing the asbestos industry and blocking international efforts to curb its use.

Therefore, the petitioners call upon the Government of Canada to ban asbestos in all of its forms and institute a just transition program for asbestos workers and the communities in which they live. They also call upon the government to end all subsidies of asbestos both in Canada and internationally, as well as to stop blocking international health and safety conventions designed to protect workers from asbestos, such as the Rotterdam Convention.

Human Trafficking
Petitions
Routine Proceedings

3:15 p.m.

Conservative

Earl Dreeshen Red Deer, AB

Mr. Speaker, it is my pleasure to rise today to present a petition signed by 820 people in my riding of Red Deer, Alberta.

The petitioners urge the federal government to honour its commitment to the UN protocol by providing adequate funding to set up safe housing for the victims of human trafficking.

Fisheries and Oceans Canada
Petitions
Routine Proceedings

3:15 p.m.

Liberal

Scott Simms Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, I present this petition on behalf of many constituents throughout Newfoundland and Labrador.

The petition calls upon the government to dismantle the Department of Fisheries and Oceans for wrongful decisions, certainly when it comes to the management of the current fish stocks off the east coast of Newfoundland and Labrador and all of Atlantic Canada, for that matter. The petitioners request that the Government of Canada initiate a public inquiry into all aspects of the Department of Fisheries and Oceans, also requiring that it place a model that takes into account fishery science with an emphasis on serving the fisher people who can make a living from that industry.

I humbly present this to the House on behalf of not only the fisher people of Newfoundland and Labrador but all stakeholders in the province.

Questions on the Order Paper
Routine Proceedings

3:15 p.m.

Regina—Lumsden—Lake Centre
Saskatchewan

Conservative

Tom Lukiwski Parliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I ask that all questions be allowed to stand.

Questions on the Order Paper
Routine Proceedings

3:15 p.m.

Conservative

The Speaker Andrew Scheer

Is that agreed?

Questions on the Order Paper
Routine Proceedings

3:15 p.m.

Some hon. members

Agreed.

Motions for Papers
Routine Proceedings

3:15 p.m.

Regina—Lumsden—Lake Centre
Saskatchewan

Conservative

Tom Lukiwski Parliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I ask that all notices of motions for the production of papers be allowed to stand.

Motions for Papers
Routine Proceedings

3:15 p.m.

Conservative

The Speaker Andrew Scheer

Is that agreed?

Motions for Papers
Routine Proceedings

3:15 p.m.

Some hon. members

Agreed.

Safe Streets and Communities Act
Government Orders

3:15 p.m.

Niagara Falls
Ontario

Conservative

Rob Nicholson Minister of Justice and Attorney General of Canada

moved that Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to open debate on Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts.

The bill, which is known as the Safe Streets and Communities Act, fulfills the commitment in the June 2011 Speech from the Throne to quickly reintroduce law and order legislation to combat crime and terrorism. This commitment, in turn, reflects the strong mandate that Canadians have given us to protect society and to hold criminals accountable.

We have bundled together crime bills that died on the Order Paper in the last Parliament into a comprehensive piece of legislation and it is our plan to pass it within the first 100 sitting days of Parliament.

As I met with victims of crime and their families yesterday in Brampton, I was once again struck by the importance of having this legislation passed in a timely manner. Both in Brampton and in Montreal yesterday, people such as Joe Wamback, Sharon Rosenfeldt, Sheldon Kennedy, Yvonne Harvey, Gary Lindfield, Maureen Basnicki and Line Lacasse spoke about the need for these changes to our laws.

We have a duty to stand up for these victims, which we are doing by bringing in this legislation.

The objective of our criminal law reform agenda over the past few years has been to build a stronger, safer and better Canada. This comprehensive legislation is another important step in the process to achieve this end.

As I travelled across the country holding round tables or meeting people on the street, the message was clear. People want to ensure their streets and communities are safer and they are relying on us to take the steps needed to achieve this.

There are five parts to Bill C-10.

Part 1 includes reforms to deter terrorism by supporting victims of terrorism and amending the State Immunity Act.

Part 2 includes sentencing reforms that will target sexual offences against children and serious drug offences, as well as prevent the use of conditional sentences for serious violent and property crimes.

Part 3 includes post-sentencing reforms to increase offender accountability, eliminate pardons for serious crimes and strengthen the international transfer of offenders regime.

Part 4 includes reforms to better protect Canadians from violent young offenders.

Lastly, part 5 includes immigration reforms to better protect vulnerable foreign workers against abuse and exploitation, including through human trafficking.

Some may say that this comprehensive bill makes it difficult to understand. In response I would note that these reforms should be very familiar to members of Parliament, indeed all Canadians, given that these reforms were before the previous Parliament when they died on the Order Paper with the dissolution of that Parliament.

Many of these reforms have been previously debated, studied and even passed by at least one of the two chambers of Parliament. For the most part, the comprehensive legislation reintroduces these reforms in the same form they were in previously, with technical changes that were needed to be able to reintroduce them in this Parliament in one bill.

A few additional changes have been made and I will describe them as I provide a summary of the individual areas of reform. However, I want to note that these additional changes remain consistent with the government's objectives when these reforms were originally introduced in the previous Parliament and, therefore, should also be supported today.

I will now take hon. members through some of the elements of Bill C-10.

Part 1 is comprised of clauses 2 through 9. These amendments seek to deter terrorism by enacting the justice for victims of terrorism act.

As reflected in the proposed preamble to the new act, these reforms recognize that, “terrorism is a matter of national concern that affects the security of the nation”, and that it is a “priority to deter and prevent acts of terrorism against Canada and Canadians”.

As Canadians recently marked the 10th anniversary of the 9/11 attacks on New York, Virginia and Pennsylvania, it was a stark reminder that the threat of terrorism remains and that we must continue to be vigilant.

Accordingly and with a view to deterring terrorism, part 1 proposes to create a cause of action for victims of terrorism to enable them to sue perpetrators and supporters of terrorism, including listed foreign states, for loss or damage that occurred as a result of an act of terrorism or omission committed anywhere in the world on or after January 1, 1985.

It also would amend the State Immunity Act to lift immunity of those states that the government has listed for support of terrorism.

Part 1's amendments were previously proposed and passed by the Senate in former Bill S-7, Justice for Victims of Terrorism Act, in the previous session of Parliament. They include technical changes to correct grammatical and cross-reference errors.

Part 2 is comprised of clauses 10 through 51. It proposes sentencing amendments to the Criminal Code and the Controlled Drugs and Substances Act to ensure that the sentences imposed for child sexual exploitation, serious drug offences, as well as for other serious violent and property crimes, adequately reflect the severity of these crimes.

The exploitation of children is a most serious crime, one that is incomprehensible and must be met with appropriate punishment. Bill C-10 proposals addressing child sexual exploitation were addressed in the previous bill. These reforms seek to consistently and adequately condemn all forms of child sexual abuse through the imposition of new and higher mandatory sentences of imprisonment, as well as some higher maximum penalties.

They also seek to prevent the commission of sexual offences against children through the creation of two new offences and by requiring courts to consider imposing conditions to prevent suspected or convicted child sex offenders from engaging in conduct that could facilitate or further their commission of sexual offences against children.

The bill's proposed reforms addressing child sexual exploitation are essentially the same as the bill we had in the previous Parliament, that was passed by the House of Commons and was before the Senate at third reading debate when it died on the Order Paper. Unfortunately, some members kept on talking so that the bill did not get passed.

The primary difference is that this bill also proposes to increase the maximum penalty for four offences, with a corresponding increase in their proposed mandatory minimum sentence of imprisonment to better reflect the heinous nature of these offences.

The bill proposes to increase the maximum penalty on summary conviction for a number of offences. All of these are consistent with the objectives of the former Bill C-54 as originally introduced.

It also proposes Criminal Code reforms to further restrict the use of a conditional sentence, or house arrest as it is often called.

Originally proposed in Bill C-16, ending house arrest for property and other serious crimes by serious and violent offenders act in the previous Parliament, these proposals seek to make it explicitly clear that a conditional sentence is never available for: offences punishable by a maximum of 14 years or life; offences prosecuted by indictment and punishable by a maximum penalty of 10 years that result in bodily harm, involve the import-export, trafficking and production of drugs or involve the use of a weapon; or listed serious property and violent offences punishable by 10 years and prosecuted by indictment, such as criminal harassment, trafficking in persons and theft over $5,000.

The bill's proposals are in the same form as previously proposed in Bill C-16 which had received second reading and had been referred to the justice committee but not yet studied when it died on the Order Paper.

It includes technical changes to the list of excluded offences punishable by a maximum of 10 years: to include the recently enacted new offence of motor vehicle theft; to coordinate the proposed imposition of a mandatory minimum sentence of imprisonment in section 172.1(1), luring a child; and to change the listed child abduction offence to section 281.

We are also addressing the serious issue of drug crimes in this country, particularly those involving organized crime and those that target youth because we all know the impact that such crimes have on our communities.

Part 2's proposals to address drug crime include amendments to the Controlled Drugs and Substances Act to impose mandatory minimum sentences of imprisonment for the offences of production, trafficking or possession for the purposes of trafficking or importing, and exporting or possession for the purpose of exporting of schedule I drugs, such as heroin, cocaine and methamphetamine, and schedule II drugs, such as marijuana.

These mandatory minimum sentences would apply where there was an aggravating factor, including where the production of the drug constituted a potential security, health or safety hazard, or the offence was committed in or near a school.

As well, it would double the maximum penalty for the production of schedule II drugs, such as marijuana, from 7 to 14 years and it would reschedule GHB and flunitrazepam, most commonly known as the date rape drugs, from schedule III to schedule I.

As a result, these offences would now carry higher maximum penalties.

The bill would also allow a court to delay sentencing while the addicted offender completed a treatment program approved by the province under the supervision of the court or a drug treatment court approved program and to impose a penalty other than the minimum sentence if the offender successfully completes the treatment program.

These proposals are in the same form they were in when they were passed by the Senate as former Bill S-10

Part 3, which is comprised of clauses 52 through 166, proposes post-sentencing reforms to better support victims and to increase offender accountability.

Canadians have told us they expect their government to ensure that offenders are held accountable for their crimes because only then can they have complete confidence in our justice system.

Part 3 introduces reforms previously contained in bills in the previous Parliament. It includes proposals from the ending early release for criminals and increasing offender accountability act that would amend the Corrections and Conditional Release Act to recognize the rights of victims, increase offender accountability and responsibility, and modernize the disciplinary system for inmates.

As now proposed in Bill C-10, it includes technical modifications that would delete provisions that were ultimately passed as part of the Abolition of Early Parole Act, as well as clarifications regarding, for example, sentence calculations, adding new offences recently enacted by other legislation, and proposes to change the name of the National Parole Board to the Parole Board of Canada.

It includes proposals previously contained in Bill C-5, the Keeping Canadians Safe (the International Transfer of Offenders) Act and which seek to enhance public safety by enshrining in law a number of additional key factors in deciding whether an offender would be granted a transfer back to Canada. The bill proposes these reforms as originally introduced.

It includes proposals included in the Eliminating Pardons for Serious Crimes Act in the previous Parliament and that propose to expand the period of ineligibility for a record suspension, currently referred to as a “pardon”, and to make record suspensions unavailable for certain offences and for persons who have been convicted of more than three offences, prosecuted by indictment, and for each of which the individual received a sentence of two years or more. This bill corrects inconsistencies that occurred in the former bills before Parliament.

One of the areas of criminal law I received an extensive number of letters, emails and calls about is that dealing with violent and repeat young offenders. I have been particularly interested in correspondence I have received from young students themselves and I am always pleased to hear everyone's views on this subject.

Part 4, which is found at clauses 167 through 204, proposes reforms to the Youth Criminal Justice Act to strengthen its handling of violent and repeat young offenders.

These reforms include: highlighting the protection of the public as a principle, making it easier to detain youth charged with serious offences pending trial; ensuring that prosecutors consider seeking adult sentences for the most serious offences; prohibiting youth under the age of 18 from serving a sentence in an adult facility; and requiring police to keep records of extrajudicial measures. These reforms were previously proposed in Sébastien's law, which had been extensively studied by the House of Commons Standing Committee on Justice and Human Rights when it died on the order paper in the previous Parliament.

The bill includes changes to address concerns that had been highlighted by the provinces regarding the pretrial adult sentencing and deferred custody provisions in the former bill. A number of the provinces requested a less restrictive regime for the pretrial detention provisions than that of Bill C-4, and therefore the changes found in this bill respond by providing more flexibility to detain youth who are spiralling out of control and who pose a risk to the public and to themselves.

The test for pretrial detention will be self-contained in the act without reference to other sections of the Criminal Code.

Other changes are more technical, if that is possible, and include removing Bill C-4's proposed amendments in two areas: deleting reference to the standard of proof for an adult sentence, and the expanded scope of deferred custody and supervision orders.

Last, part 5, which is found at clauses 205 through 207, proposes amendments to the Immigration and Refugee Protection Act to authorize immigration officers to refuse work permits to foreign nationals and workers where it would protect them against humiliating and degrading treatment, including sexual exploitation and human trafficking. These proposals are in the same form they were in when they were previously proposed in former Bill C-56, the preventing trafficking, abuse and exploitation of vulnerable immigrants act.

I would point out as well that the proposed reforms would come into force in the same manner as originally proposed by the predecessor bills. Part 1 would come into force upon receiving royal assent, and the balance would come into force on a day to be fixed by the governor in council. This will enable us to consult with the provinces and territories on the time needed to enable them to prepare for the timely and effective implementation of these reforms.

I realize that I have taken some time to go through some of the details of this bill. We were very clear in the last election that this was a priority for this government. We have put these bills together and they better protect victims. As members know, in all the legislation that we have introduced, we always highlight how it better protects victims in this country and stand up for the interests of law-abiding Canadians.

I am pleased and proud to be associated, as are my colleagues, with this important piece of legislation.

Safe Streets and Communities Act
Government Orders

3:35 p.m.

NDP

Joe Comartin Windsor—Tecumseh, ON

Madam Speaker, the public safety minister has pretty well lost all credibility when it comes to estimating what these crime bills are going to cost. I point out the estimate he made originally on a couple of bills. His estimate was that it was going to cost $90 million. That escalated up into the hundreds of millions and then into the billions. We are up to $2 billion now just on the bills that have already been through the House of extra costs to the Government of Canada, and more important, to the provinces, because more of the burden has gone there.

With regard to this omnibus bill, are you planning to present to justice committee and/or the House a full analysis of how much it is going to cost the federal treasury and the provincial and territorial treasuries?

Safe Streets and Communities Act
Government Orders

3:35 p.m.

NDP

The Deputy Speaker Denise Savoie

I would remind all members to direct their questions through the Speaker's chair.

The hon. Minister of Justice.

Safe Streets and Communities Act
Government Orders

3:35 p.m.

Conservative

Rob Nicholson Niagara Falls, ON

Madam Speaker, the hon. member will remember that when the public safety minister and I were before a committee of the House of Commons, we tabled hundreds of pages giving breakdowns and an analysis of what these pieces of legislation would cost the Canadian taxpayer.

In one sense I am pleased. If those members are truly worried about expenditures by the federal government, this is something new. I really have not heard this too much from the NDP over the years. Let us be fair. Most of the questions are always about spending more money. Those are the ones we get. If those members are now worried that somehow taking violent criminals off the street is going to cost money, I can assure them that the Minister of Public Safety has taken that all into consideration. Hundreds of pages have been tabled before them.

I would ask the hon. member to please look at the cost to victims in this country. Victims tell me every time I see them that they pay most of the costs. A study by the Department of Justice in 2008 confirms that. About 83% of all the costs of crime in this country are borne by victims. If those members are worried about costs, about taking a violent criminal off the street and locking up that individual, that is okay because that is their concern and their priority. That is fine, but they should also worry about the victim, the law-abiding Canadian who could be a constituent of theirs. I want them to worry about that individual as well.

Safe Streets and Communities Act
Government Orders

3:35 p.m.

Liberal

Geoff Regan Halifax West, NS

Madam Speaker, this morning the minister appeared on Canada AM on CTV. He was interviewed by Seamus O'Regan, who asked him five times what the cost would be to the Canadian public, to the taxpayers, of the implications of this bill. Each time the minister refused to answer.

The minister has been asked several times today in the House of Commons, and perhaps he was asked the same question elsewhere. He still has failed to tell the House.

In fact, one of the minister's answers to Seamus O'Regan was that it would be a sustainable cost. If he can come to the conclusion that it will be sustainable, then surely he must know the amount. Does he know the amount and is not willing to tell the Canadian people, or will he tell us today? Will he give us the answer to the question he has been asked all day long?

If the minister absolutely refuses to answer the question of what the bill will cost, perhaps he will answer the question of how many times he has been asked that today.