An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Vic Toews  Conservative

Status

Not active, as of May 30, 2007
(This bill did not become law.)

Summary

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

This enactment amends the Criminal Code to provide for escalating minimum penalties according to the number, if any, of previous convictions for serious offences involving the use of a firearm if the firearm is either a restricted or prohibited firearm or if the offence was committed in connection with a criminal organization, to provide for escalating minimum penalties according to the number, if any, of previous convictions for other firearm-related offences and to create two new offences: breaking and entering to steal a firearm and robbery to steal a firearm.

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.

Votes

May 29, 2007 Passed That the Bill be now read a third time and do pass.
May 7, 2007 Passed That Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, as amended, be concurred in at report stage with further amendments.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 17 as follows: “17. Section 239 of the Act is replaced by the following: 239. (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, (ii) in the case of a second offence, seven years, and (iii) in the case of a third or subsequent offence, ten years; (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. (2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under this section; (b) an offence under subsection 85(1) or (2) or section 244; or (c) an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if ten years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. (3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”
May 7, 2007 Passed That the Motion proposing to restore Clause 17 of Bill C-10 be amended: (a) by substituting the following for subparagraphs 239(1)(a)(ii) and (iii) contained in that Motion: “(ii) in the case of a second or subsequent offence, seven years;” (b) by substituting, in the English version, the following for the portion of subsection 239(2) before paragraph (a) contained in that Motion: “(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 2 as follows: “2. (1) Paragraph 85(1)(a) of the Act is replaced by the following: (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion), (2) Paragraphs 85(3)(b) and (c) of the Act are replaced by the following: (b) in the case of a second offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of five years.”
May 7, 2007 Passed That the Motion proposing to restore Clause 2 of Bill C-10 be amended by substituting the following for paragraphs 85(3)(b) and (c) contained in that Motion: “(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.”.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 1 as follows: “1. Section 84 of the Criminal Code is amended by adding the following after subsection (4): (5) In determining, for the purposes of any of subsections 85(3), 95(2), 96(2) and 98(4), section 98.1 and subsections 99(2), 100(2), 102(2), 103(2) and 117.01(3), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1); (b) an offence under section 244; or (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if ten years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. (6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”
May 7, 2007 Passed That the Motion proposing to restore Clause 1 of Bill C-10 be amended by substituting the following for the portion of subsection 84(5) before paragraph (a) contained in that Motion: “(5) In determining, for the purposes of any of subsections 85(3), 95(2), 99(2), 100(2) and 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
May 7, 2007 Passed That Bill C-10 be amended by restoring the long title as follows: “An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act”
June 13, 2006 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

October 23rd, 2006 / 5:25 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Chairman, I am respectful of Mr. Petit and of the team sitting across from me. I do not know how they work, but personally, I have to prepare for the meetings.

Take for example, Bill C-10, because we just finished our study of Bill C-9. Many people have sent us briefs on Bill C-10; we have a lot of documents to read. Moreover, some of us do not only sit on the Standing Committee on Justice and Human Rights. I also sit on the Standing Committee on Aboriginal Affairs and Northern Development, and I replace Mrs. Freeman, who is ill.

I felt that three meetings per week to study Bill C-9 was acceptable, but if we went back to two meetings per week that would suit me, because it would give me the time to prepare and to study the documents. I do not know what you think of this, Mr. Chairman, but there is a great deal of material. Also, the Standing Committee on Justice and Human Rights is overwhelming us; they sent us pile of papers for Bill C-27 alone. We have to read everything we are sent, just to prepare ourselves. We just received the list of witnesses we want to hear on Bill C-10. Looking at the list of witnesses, I thought to myself it would be nice to have the time to make enquiries, to find out what this or that person has to do with this file.

It is not that we want to work less, it is that we would like to be able to work properly. If we meet on Monday afternoon, Tuesday afternoon and Wednesday afternoon, we will not have the time to prepare. That is why I agree with the motion. It is not that we do not want to work, because reading does not bother me, but it is getting difficult.

October 23rd, 2006 / 5:25 p.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

I'm in favour of the change, Mr. Chair, because of the indication we now have that Bill C-27—and I have to assume that the government will be using this tactic on an ongoing basis—will be sent to a special legislative committee. This will make it impossible for me to maintain any kind of schedule to sit on that committee as well as on this one and public safety. Mr. Ménard is going to get caught in a somewhat similar situation.

It is important that the people sitting on justice continue to deal with all of these bills, if they come. Certainly the dangerous offender provisions have some overlay with a number of other bills—with Bill C-10 in particular, which is coming next—and to have different members of whatever caucus sitting on these different committees just begs for inconsistencies to crop up.

If, as the government has already signalled, it is going ahead with putting Bill C-27 into a legislative committee, it's logical that we make it possible for Mr. Ménard and me to be on both that legislative committee and this one, on an ongoing basis.

As I said, I will support this motion.

October 18th, 2006 / 5:05 p.m.
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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

I think he said something about the cost of legal aid for Bill C-9, Bill C-10, and Bill C-27. I think I heard that today in the locker room or somewhere.

No, that doesn't work. Oh well, darn it.

October 18th, 2006 / 5:05 p.m.
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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Right now, even at $126 million, if that's what the figure is going to be, none of that includes increased legal aid costs as a result of the government program, let's say, of Bill C-9, Bill C-10, and Bill C-27.

All we really know is that the government has put about $225 million in Mr. Flaherty's budget for prisons, when our estimate is that the capital for prisons is $1.5 billion. Notwithstanding that the government has done estimates for cabinet purposes on police, prison, and legal aid costs, we don't have those figures and we don't know the cost of the program.

Mr. Thompson is a big supporter of the program. He says his people tell him that whatever the costs are, we'll pay for it. I would think he and others would want to know what it's going to cost and would stand behind the figures.

I guess we're waiting for that. Mr. Moore may have them in his sheath of documents over there, but we'll have to wait for another day and another witness to get that answer. Is that right?

October 18th, 2006 / 4:50 p.m.
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Bloc

Réal Ménard Bloc Hochelaga, QC

Yet, those people who have been accused of being involved in terrorist organizations have to request assistance from the provincial legal aid system. That's my understanding.

That brings me to my second question. I would like you to be perfectly comfortable and for your generosity to match my conviction that my question is well founded. You are aware that we are considering Bill C-9, whose future is uncertain, and Bill C-10. Both bills could lead to an increase in the prison population. You could tell me that an increase in the prison population is part of the Conservative Party's platform, but I don't want to ask you political questions.

Have you assessed the impacts of theses bills on the demand for legal aid? I know that you have. Otherwise you would not be living up to your responsibilities. Would you agree to providing us with these studies, if we guarantee you that they will be for our use only?

October 18th, 2006 / 4:25 p.m.
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Liberal

Larry Bagnell Liberal Yukon, YT

Okay, that's fine.

You've evaluated the costs of the new initiatives the government has brought forward, Bill C-9, Bill C-10, etc. Could you table those estimates of the costs with the committee?

October 18th, 2006 / 4 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

I wanted to know whether you had had an assessment done of the legal aid costs associated with the enforcement of Bills C-9, C-10 and C-27.

October 18th, 2006 / 4 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

In the draft budget, $955,000 was earmarked as support for a legal aid pilot project. Why doesn't that show up in the 2006-2007 main estimates? That's my first question.

As for my second—and I hope you will be able to answer it—I would like to know whether your department has contemplated the increased cost of legal aid associated with the enforcement of Bills C-9, C-10 and C-27, which we are going to be considering in the next few days. Have you looked into that? I look forward to your answers.

October 18th, 2006 / 3:45 p.m.
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Liberal

Sue Barnes Liberal London West, ON

That's fine. I understand that.

Can you tell me what will happen, say, in my province of Ontario, where the provincial legal aid, which is responsible, is in a deficit situation? The year hasn't gone through, and yet we have legislation before us, in Bill C-9 and Bill C-10, that will put people at risk of going to prison. That's the test in my province: if they have a substantial risk of going to prison, they're supposed to be able to obtain legal aid. They're $10 million in debt right now in that system, so what is the federal government going to do and what were the discussions on those areas?

October 16th, 2006 / 5:15 p.m.
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Lucie Joncas Vice-President, Board of Directors, Canadian Association of Elizabeth Fry Societies

I'll take one minute of your time to address you in French.

First thing , I wish to underscore the importance of maintaining the court's authority. A democracy must respect the separation of the legislative, executive and judiciary branches. Bills such as C-9, C-10 and other pieces of legislation to be tabled in upcoming weeks distort judge's role by significantly restricting his discretionary power.

Canada is considered an important ally in the reconstruction and development of several countries' legal systems, countries which acknowledge and argue that our justice system is one of the best in the world. I would argue that none of the data calls for the reform being proposed. According to government statistics, 90% of cases resolved in conditional sentences of imprisonment follow a guilty plea.

The abolition of this measure will lead to a backlog in the legal system, and I would ask that you take this into account. I have been practising law for the last 14 years and can say that we agree on most of the cases, but we must have the means to carry out our work well.

Thank you.

Criminal CodeGovernment Orders

October 16th, 2006 / 1:15 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, there seems to be a lot of support for this bill because few questions and comments have been raised. At first glance, this is an interesting bill to which members of this House and litigants should pay close attention. This bill would have a direct impact on litigants like me.

I have been practising law for 25 years. For the past 10 or 15 years, I have focused on criminal law. Bill C-23 is therefore of great interest to me. It will probably also be of interest to my colleagues in the legal profession who specialize in criminal law or who have been practising it more and more over the years and have become very knowledgeable about it.

Bill C-23 is interesting. With all due respect to the Minister of Justice, I would have liked this bill—which is neither right-wing nor repressive ideologically—to have been introduced before bills C-9 and C-10. We are currently debating these bills in committee, and they seem to be based on repressive right-wing ideology. In contrast, Bill C-23 is interesting in many respects.

As I was saying, for 25 years I was a lawyer and argued all sorts of criminal cases. It is not unusual to have clients or cases where it is a matter of possession of break and enter instruments, as this bill addresses. Time and time again attorneys general in the various provinces—the Attorney General of Quebec who administers criminal law in Quebec as well as the Attorney General of Canada—have been told that this does not make sense. Our client was automatically accused of breaking and entering and possession of break and enter instruments. He was accused of a criminal offence because that act was automatically considered as such. This seems utterly unusual and unacceptable to us.

It seems that Bill C-23 will at least amend that—without removing it, of course—and will allow a person accused of breaking and entering and of possession of break and enter instruments to be tried by summary conviction.

In the Criminal Code there are two types of offences and that is what I want to talk about now. There are offences that can be tried by indictment; they are indictable offences. Murder, homicide and all sorts of offences are examples. There are a number of such offences in the Criminal Code. Other offences are called dual procedure offences. The Crown prosecutor filing the complaint can decide to try by indictment or by summary conviction. In summary conviction cases, if the person is found guilty or pleads guilty, he or she will receive a maximum fine of $2,000 or a six month prison sentence or both the fine and sentence.

This new bill, and I think this is important to point out, proposes a number of amendments. It is a large bill that deserves our time and attention and careful consideration as to how it will be debated in committee.

Criminal procedure sets out how to proceed in criminal cases. Let us take for example an accused who is to receive documents. If this bill is passed, it will provide for a means of telecommunications to be used to forward warrants for the purpose of endorsement and execution in a jurisdiction other than the one in which the search warrant was obtained.

In French, that means that if someone was arrested in Rouyn-Noranda and they wanted to search the person’s residence in New Liskeard, Ontario, the original document was required. They sent it by car, from one police officer to the next, until it got to Ontario, and that could take hours. If this bill were passed, it would be possible to send it by fax, for example, with the original document to follow by mail.

On reading the bill, I think that it would be possible to send it by Internet, by e-mail, so that it could be executed as soon as possible. That is a good thing.

Changes are made to the procedure for challenging jurors, among other things, to help to preserve their impartiality. This is also a very good thing, which the bill will bring in if it passes. In the jury selection process, particularly in terms of challenges, this means that we will be able to preserve and protect the impartiality of jurors, which is the very foundation of a jury trial.

There are also a host of other details, such as summary dismissal by a judge of the court of appeal where the appeal has been brought in error. Before, a motion had to be made, saying that it had been filed in the wrong place and asking the judge to dismiss it. Now this will be handled expeditiously.

Where it starts to get interesting is in an appeal to a court of appeal from an order of a superior court relating to objects that have been seized. For example, in the past, you could not move forward as long as the court of appeal had not ruled. You had to wait, but now you will be able to proceed.

Turning now to trials by way of summary conviction for a co-accused where the co-accused fails to appear. This avoids a lot of delay. Before, the accused appeared, but the co-accused was not present, for one reason or another. The judge then adjourned the appearance until the co-accused was located. Now, if this bill is passed, the accused could be tried much more expeditiously than before.

There are all sorts of things like this, and useful things. I mentioned earlier the reclassification of the offence of possession of break-in instruments to make it a dual procedure offence. That may be useful.

Certain things are even more useful, but would almost run counter to Bill C-9. We know that that bill would eliminate the possibility of suspended sentences for a host of offences.

We all hope that this bill will not come before this House again, as introduced by the hon. Minister of Justice. On behalf of the Bloc Québécois and probably many of my colleagues on both sides of this House, I would add that Bill C-9 does not really accomplish what justice demands: that judges have the opportunity to hand down individualized sentences.

Bill C-23 contains some interesting amendments. The bill provides for the power to order an offender in custody not to communicate with identified persons and creates an offence for failing to comply with the order, which increases protection for victims. We had long been calling for this. Defence lawyers had been calling for this. Often, our client in detention would receive telephone calls from victims who wanted to talk to him, and he would call them back. In future, offenders will be prohibited from doing so. If they do not comply with this order, they will be charged with a separate offence of failing to comply with a court order.

The clarifications with respect to the application of impaired driving penalties had long been called for.

Among other things, the possibility of using an alcohol ignition interlock device was raised. This device makes it possible for an individual found guilty of impaired driving to drive a car. The offender has the right to use this device after three months.

We can now provide clarification. Previously, the matter was very complicated, and it still is. For example, a taxi driver who also owned his own car would have to have two alcohol ignition interlock devices. If this bill is adopted, it seems that things will be less complicated. We might come to a consensus about placing the device only in the principal vehicle. It is starting to look interesting.

Probably two of the most important aspects of this bill are the suspension of a conditional sentence order or a probation order during an appeal.

Today, October 16, if an accused is found guilty by a judge, he is subject to a probation order or conditional sentence order and if the accused decides to appeal, the orders remain in force. Thus, even today we still have serious problems. I hope we will be able to change this quickly.

As criminal lawyers we tell our clients that we will appeal their sentence, but that the probation order is in force. The probation order may be for a term of two years and it might be one year before the appeal is heard. The individual would have been subject to a probation order for one year for nothing.

Henceforth, we can at least apply to the court of appeal and ask the judge, upon filing of the notice of appeal, if it would be possible to suspend the sentence. Even today, this can be requested. However, criminal lawyers who live, as I do, in a region such as Abitibi-Témiscamingue are ofter forced to go to Quebec City to do so. This results in additional expenses for the accused. Thus, we believe that this is a very useful amendment. I hope it will be adopted quickly.

One of the interesting comments and one of the even more interesting amendments, is the power to delay the sentencing proceedings so that an offender can participate in a provincially approved treatment program.

This is important and here is what it means. When judges hand down a decision and find an accused guilty, after a fair trial, they will very often delay sentencing, by asking, say, for a pre-sentence report. This is a report that establishes the circumstances of the charge, the circumstances of the offence and who the accused is. Generally a pre-sentence report is prepared at the request of the accused and most often in very important cases.

The accused may in fact have a long criminal record. For instance, he may be charged with manslaughter or found guilty of criminal negligence. These are often very serious cases. The following example comes to mind. An accused found guilty of, or who pleads guilty to, impaired driving causing bodily harm, or causing death, is automatically subject to a prison sentence. The court will generally hand down its decision.

However, under the proposed amendment, the court could delay sentencing until the accused completes his addiction treatment or another appropriate treatment program.

Take, for example, an accused who is sentenced for domestic abuse. He decides to attend a treatment program or violence counselling. The judge hands down his decision, stipulating that the accused must continue his therapy. The accused continues his therapy, but the judge does not know anything about it. Is the accused still dangerous?

So there were some cases—and we defended many—in which the judge, in a case of manslaughter or impaired driving causing bodily harm, handed down his sentence without knowing what the effects were on the accused and the victims.

If this amendment is passed, sentencing could be delayed. Sometimes it takes from three to six months before we get all the reports. Nowadays we do so by consent, but it is illegal.

So the proposed amendment could make it very interesting for the courts in their decisions.

Moreover I would like to urge the House to look very seriously at Bill C-23 with regard to anything to do with both official languages. I was able to take a quick look at the proposed amendments proposed to section 730.

It is proposed that section 720 respecting probation orders and treatment orders be amended. As far as probation orders are concerned, the accused is entitled to have the documents. So someone who has been found guilty must receive the documents and they must be explained in the official language of his choice. Let us take the example of a francophone accused who works in Calgary or Fort MacMurray. These are areas in which English predominates but someone who asks for his trial to be in French can get it.

I draw your attention to subsection 5 of section 732.1, where it is stated that a copy of the documents explaining the conditions must be given to the offender in order to ensure that the terms of presentation and so forth are respected. The following would be added to that subsection, “For greater certainty, a failure to comply with subsection (5) does not affect the validity of the probation order.” This subsection deals with the fact that when a court issues a probation order it gives a copy of the documents to the offender.

This casts some doubt on what the parliamentary secretary told us earlier when I asked him the question. We will have to pay extremely close attention when the amendments set out in Bill C-23 are being examined. It is fine to talk about bilingualism, but bilingualism has to be applied. To achieve that, it is necessary that a person not only receive all the information in his or her official language, but that he or she should understand the information and that someone should take the time to explain it.

On the whole, this is a very interesting bill. The amendments proposed in the bill could clarify the provisions of the Criminal Code and simplify some judicial proceedings.

Mr. Speaker, I see you signalling that I have only one minute remaining. I will proceed directly to my conclusions. The Bloc Québécois is especially pleased to see amendments that contribute to improving the work of judges by giving them greater discretion. These measures will give judges better tools to do their job, which is to determine the most appropriate sentence. And this will contribute to the objectives of deterrence and reparation, as well as an objective that is too often forgotten by our friends opposite in the government, which is that of rehabilitation.

In closing, the Bloc Québécois will be in favour of this bill and we hope that it can receive the support of this House as quickly as possible, in the interests of improving justice.

Criminal CodeGovernment Orders

October 16th, 2006 / 1:10 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, with all due respect to the hon. Minister of Justice and Attorney General of Canada, CPC, I will put my first question to the hon. member who just spoke. It will probably also concern the minister, who is sponsoring this bill.

It is surprising that we have to wait a few weeks, or even a few more months, before debating in committee this legislation, which was introduced in June, because it is an important measure. I do not understand why the government waited like this. Considering that this bill does not reflect a right wing ideology, it should take precedence over Bills C-9 and C-10. However, there is one issue of concern to me, because I practised criminal law for 25 years and this is an interesting piece of legislation as regards criminal proceedings: how will the government ensure that the accused is informed of his right to be tried in one of the two official languages? That is the first question.

Secondly, how can the accused be sure to obtain a translation of all relevant documents, including those relating to the indictment and the preliminary inquiry?

Of course, this is not a problem in Quebec, but I am thinking of my clients in Calgary, Vancouver, Winnipeg, or in other places in Canada where English is the official language. As we know, in those regions documents are only translated in French when there is time to do so.

Before introducing this legislation, did we make sure that the constitutional right to be heard by a justice would be respected? This means the right to appear before a judge who can speak and understand French fluently—not someone who just took language courses on the weekend—and who can explain the principles that underlie this bill.

Criminal CodeGovernment Orders

October 16th, 2006 / 12:40 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I listened carefully to my colleague and I am in complete agreement: Bill C-23, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments) needs some fine tuning.

I trust that my colleague believes, as I do, that this is probably one of the most interesting pieces of legislation tabled by this government in the past few months. However, I would have this to say. Unlike Bills C-9 and C-10, Bill C-23seems very interesting at first glance. I believe that we, the members of the Standing Committee on Justice and Human Rights, should spend some time on it as it really strikes me as very important.

This is the question for my colleague: does she know whether or not the Law Commission of Canada—which our current government has just cut or would like to abolish—helped draft Bill C-23 and made any recommendations? In addition, are these the recommendations found in Bill C-23? If yes, which ones are they?

Criminal CodeGovernment Orders

October 16th, 2006 / 12:25 p.m.
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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, I look forward to exploring in committee all areas of the bill and this question and all questions the hon. member may have, which can be put to our witnesses there. Some of the provisions dealing with jurors have dealt with not wanting to taint the sworn jurors when there are questions being put to potential jurors by crown attorneys and by defence lawyers. This is one area relating to jurors which we have to address to ensure that people get a fair trial.

Most of what is contained in Bill C-23 is there to streamline our judicial process, to make it more effective and to take out some of the ancient modes used in the past. Bill C-23 recognizes that we are living in a new era where we have to use a more streamlined system. It recognizes that technology has moved on, so we as a government have to move on in order to better protect society.

That is the main thrust of the bill. It is not to make major substantive changes. We have other bills, such as Bills C-9 and C-10, that make some very substantive changes to the Criminal Code. Bill C-23 is going to make our entire system more streamlined without making major changes to the code itself.

Criminal CodeGovernment Orders

October 4th, 2006 / 4:35 p.m.
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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I thank the hon. member for his examples from the United States. We all know how fond the other side is of following whatever is done in the United States.

Let me correct what he may think about the State of New York. Yes, George Pataki was the conservative republican governor who came in. Yes, he is the governor under whose administration most of the mandatory minimum sentences in the State of New York have been revoked. This is Bill C-10 for the member's information.

The mandatory minimums in that state have completely been removed. I know it is not popular, but the facts show it does not work.

We have to be oriented toward the facts in all of these cases. I was simply saying on Bill C-23 that these are good amendments. The fact is they were born by contests in the Court Challenges Program and the good work of the Law Commission. Now we do not have these programs, so we will probably not have a Bill C-23 in the future.

I would like to agree with the member that these are good reforms and they will improve our society and make them better. Basically, they are the fruit of Liberal institutions.

We will see if the member will put his vote where his mouth is and vote against this Liberal bill presented under the guise of the Conservative government and truly not want more safety in our community which this side wants.