An Act to amend the Criminal Code (dangerous offenders and recognizance to keep the peace)

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Rob Nicholson  Conservative

Status

In committee (House), as of May 4, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the dangerous offender and long-term offender provisions of the Criminal Code
(a) to require the prosecutor to advise the court whether the prosecutor intends to proceed with an application for an assessment under those provisions when the prosecutor is of the opinion that the offence for which the offender is convicted is a serious personal injury offence that is a designated offence and that the offender was convicted previously at least twice of a designated offence and was sentenced to at least two years of imprisonment for each of those convictions;
(b) to remove the court’s discretion to refuse to order an assessment when it is of the opinion that there are reasonable grounds to believe that the offender might be found to be a dangerous offender or a long-term offender;
(c) to provide that, if the court is satisfied, in a hearing for a dangerous offender designation, that the offence for which the offender has been convicted is a primary designated offence for which it would be appropriate to impose a sentence of imprisonment of two years or more and that the offender was convicted previously at least twice of a primary designated offence and was sentenced to at least two years of imprisonment for each of those convictions, the conditions to make the designation are presumed to have been met unless the contrary is proved on a balance of probabilities; and
(d) to clarify that, even when the conditions to make a dangerous offender designation have been met, the court must consider whether a lesser sentence, including a long-term offender designation, would adequately protect the public and that neither the prosecutor nor the offender has the onus of proof in the matter.
The enactment also amends sections 810.1 and 810.2 of the Criminal Code
(a) to allow the duration of a recognizance to be for a period of up to two years if the court is satisfied that the defendant was convicted previously of an offence of a sexual nature against a child or a serious personal injury offence; and
(b) to clarify that the scope of conditions available for recognizances is broad and that those conditions may include electronic monitoring, treatment and a requirement to report to a designated authority.

Similar bills

C-2 (39th Parliament, 2nd session) Law Tackling Violent Crime Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-27s:

C-27 (2022) Digital Charter Implementation Act, 2022
C-27 (2021) Law Appropriation Act No. 1, 2021-22
C-27 (2016) An Act to amend the Pension Benefits Standards Act, 1985
C-27 (2014) Law Veterans Hiring Act

Criminal CodeGovernment Orders

February 14th, 2007 / 5:05 p.m.

Liberal

Brent St. Denis Liberal Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I have to thank the hon. member for proving the point I made in the last few sentences of my remarks. I thank him for pointing out exactly the argument the Conservatives will make. It is hollow. It is empty. It is jingoism.

I am sure he will not find a member of the House who does not want to deal effectively with dangerous offenders, but the government has taken the lazy approach to this. Its members are not listening to all the stakeholders on both sides and in so doing are throwing up their hands asking: what is the simplest thing we can do? The simplest thing we can do is a dangerous option because we may lose it all in the courts.

Criminal CodeGovernment Orders

February 14th, 2007 / 5:05 p.m.

Conservative

Gerald Keddy Conservative South Shore—St. Margaret's, NS

Mr. Speaker, I have to take exception to the comments made by my colleague from the Liberal Party that the views of the Conservative Party are somehow radical or extreme and he just used terms like “hollow”, “empty” and “jingoism”. Quite frankly, that is very unparliamentary language from a member who has been in this House long enough to know better. I do not understand how jailing dangerous offenders in order to keep them off the streets somehow affects the rights of Canadians. The other question I have is one of the Liberal record of 13 years where the Liberals did nothing on this subject--

Criminal CodeGovernment Orders

February 14th, 2007 / 5:05 p.m.

The Deputy Speaker Bill Blaikie

I am sorry. If the hon. member asks his other question, the member will not get a chance to respond.

The hon. member for Algoma—Manitoulin—Kapuskasing.

Criminal CodeGovernment Orders

February 14th, 2007 / 5:05 p.m.

Liberal

Brent St. Denis Liberal Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, the fact is that the previous Liberal government brought in a number of very useful amendments to the dangerous offenders sections of the Criminal Code which have proven the test of time. We are only saying to the government that we will work with it on this, that if it listens to everybody, there is a way to make things better, but it cannot take a chance like this and have the whole thing thrown out. Therefore, we only encourage the government to catch its breath, fill those voids, and let us find a way to do this better.

Criminal CodeGovernment Orders

February 14th, 2007 / 5:05 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, this is clearly an extremely important debate because even though it is about a bill that is—if not exactly technical—fairly precise, it encompasses the Conservative government's vision of the balance between justice and security, a balance that, unfortunately, seems to be more and more upset because of an extremely dangerous ideological approach.

When I see a bill like this one, I cannot help but think of how debates are run in this House and in public by this government, particularly by the Prime Minister.

In that sense, we have good reason to be very worried about the fact that they are taking so lightly a bill to amend the Criminal Code and other acts—a bill that may have enormous consequences for a large part of our population—by using arguments that, more often than not, are not based in fact. That is what I found during question period again today.

When the Prime Minister said that the Bloc Québécois did not support the upcoming bill on income trusts, he was deceiving the people. He was misleading them. What we are trying to do is fix the Prime Minister's broken promise. During the election campaign, he said that he would not touch the tax laws on income trusts, which was completely irresponsible. Then on October 31, he made a surprise decision to break his promise, a decision that affected 2.5 million small investors.

The Bloc Québécois is trying, in a responsible way, to minimize the negative impact on those Canadians and Quebeckers who unfortunately believed the promise the Prime Minister made during the election campaign.

Recently, the Minister of Industry was distributing a document in the riding of a colleague of mine. The document stated that the government had passed a law allowing pension income splitting between spouses and doubling the tax credit for private pension income. Such a bill has not even been tabled yet. We do not even know if that will be in the budget or in a separate bill.

It is not true. The government is disguising the truth for partisan and ideological purposes.

It reminds me of a hippocampus. I am not referring to the sea horse, the little fish that swims in an upright position. When I speak of a hippocampus, I mean the mythical animal that was half horse, half fish. This government makes me think of a hippocampus, because it has two sides and it is manipulating morality by presenting only one side of this issue. This is unacceptable in a debate as important as this one.

I would remind you that this bill seeks to declare someone convicted of three serious crimes a dangerous offender, unless that person can prove that the definition does not apply to him or her. The burden of proof is therefore reversed. In our opinion, this bill is harmful and ineffective and will not help to improve public safety.

What is the government doing to sell this ideological vision of repression? It is implying that safety in our cities is being compromised, in Canada and Quebec. Yet for decades the crime rate—especially the rate of violent crime—has been declining. I am not trying to trivialize the problem. I recognize that we must ensure that, especially in our major cities—I am thinking about street gangs, for instance—the necessary social and economic measures are in place to prevent this problem. But this is not where the government is headed. We are fooling ourselves.

Studies show that automatically applying harsher penalties will not produce the desired results. The real question, then, is: What is the best way to prevent crime? What is the best way to protect the public? It is certainly not to toughen the Criminal Code in this way, but to invest in literacy and women's groups and to maintain funding for programs such as the summer career placement program. But this is not the approach the government has chosen.

In that sense, this bill is not an isolated measure. It is part of an overall ideological approach that is extremely dangerous to the future of Canada.

This is true for Canada and for Quebec. What we are defending is a model of justice based on a process tailored to each case and based on the principle of rehabilitation.

We have already had a debate in this House on young offenders. Unfortunately, the Bloc Québécois was the only party to propose this approach that is characteristic of Quebec society, whereby prevention and rehabilitation are better avenues than repression for ensuring the safety of our cities, our land and our people. In that sense, the U.S. example is striking and should serve as a lesson. Unfortunately, it seems that the government is blind to this reality. A procedure already exists.

In Quebec, the justice department reached agreements with the Philippe-Pinel Institute to conduct psychological assessments. I know some experts at this institute because they are members of the Confédération des syndicats nationaux, the union for which I was the secretary for eight years. These experts have credibility before the courts.

Based on the findings of the assessment report, the prosecutor decides whether or not to seek a dangerous offender designation. The experts assess the person, his or her psychological weaknesses and his or her rehabilitative potential. With the assessment, a fully informed decision can be made.

This bill proposes that after the third offence, the alleged criminal would automatically have to demonstrate that he is not a dangerous offender. There is a system. After the assessment report is presented to the judge, the defence can present a second opinion. In the end, the judge makes a ruling.

Perhaps we can improve on certain criteria and make sure of certain things. Nonetheless, we already have a procedure that has been proven to work for the past number of years. What this government is proposing is totally excessive.

As I said, it will provide a false sense of security. Thus—and we will see in the next budget—the provinces and Quebec will have few resources to successfully address the real causes of crime, namely poverty, isolation, addiction and a host of other social problems.

I would like to reiterate that we believe this approach is not only ideological, but it also deceives the population because it does not allow us to address the underlying problems. This places a much heavier onus on the accused. Any accused person who wishes to challenge the assessment filed in support of designating him or her as a dangerous offender will have to ask for an expensive second opinion. Not everyone will have the means to do so. Not everyone will have access to the necessary professional legal services. Since the offender could spend the rest of his or her life in prison, it seems reasonable that the government should have to bear the burden of proof when designating dangerous offenders. We could ask ourselves what this government's next step will be. Will they begin to question the entire existing principle that an individual is innocent until proven guilty? It would then be up to defendants to prove their innocence.

As the statistics remind us, there are scores of adverse effects. In this regard, I would like the Prime Minister to use his hippocampus, and I am not talking about the mythical animal I referred to at the beginning of my speech, but rather that complex neural structure shaped like a sea horse, which is the part of the brain that controls memory.

If the Prime Minister could just listen to the facts and remember them when the time comes to draft legislation, all Canadians would be now much safer.

Criminal CodeGovernment Orders

February 14th, 2007 / 5:15 p.m.

Oxford Ontario

Conservative

Dave MacKenzie ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, I listened to my hon. colleague, who talked about ideology. It seems that the ideology I have heard all day long from the other side is “blame the victim and blame society” for those people who are dangerous criminals.

I think it is fair to say that the only people logically opposed to this legislation would be the dangerous criminals themselves, people who have committed three of the most heinous criminal offences.

This legislation is not to be used lightly. It does not allow for that.

I heard the hon. member use the words “it's harmful and vindictive”. Could he tell the members of the House and Canadians in general who the legislation would be harmful to or vindictive to?

Criminal CodeGovernment Orders

February 14th, 2007 / 5:15 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, that is not how we should be looking at the problem. We have to consider the facts and address the real challenges posed by crime-producing social problems.

I will take Quebec as an example. Statistics show that prosecutors choose the long term offender designation procedure used in Quebec over the dangerous offender procedure to deal with repeat offenders. As we know, under the long term offender designation, offenders who go back to the community after serving their sentences remain under correctional supervision. They do not just go off like that. This supervision may go on for up to 10 years. This is more conducive to rehabilitation, while being less expensive to the State. That is something that might catch the attention of the Conservatives. Fewer violent crimes per 100,000 of population are committed in Quebec than anywhere else in Canada.

As we can see, the Quebec model, which is based on rehabilitation—especially for young people—instead of repression, appears to be working quite well.

Criminal CodeGovernment Orders

February 14th, 2007 / 5:20 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I think the member has raised an interesting approach to this. First of all, he established that the government is not trustworthy, as shown by its decision to break a promise on taxation of income trusts, and then he pointed out that the approach to the criminal justice system has absolutely nothing to do with crime prevention, remediation and, in fact, rehabilitation.

He went on to point out that if we put forward a piece of legislation like this, which the justice department itself has indicated will likely require challenges in the courts at all levels, a lot of people will slip through the cracks while this judicial process goes on, so this is totally a wrong-headed approach. I wonder if the member would like to amplify a little further the reason why the bill is just a wrong-headed bill.

Criminal CodeGovernment Orders

February 14th, 2007 / 5:20 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I thank the member for his question.

Not only are we going in the wrong direction because repression is not the solution to the problem of crime, but this repression runs the risk of having a perverse effect. With the new provisions introduced into the Criminal Code, many accused will prefer to plead not guilty in the hope that they will drag out the process and clog the judicial system rather than negotiating prison sentences or other types of punishment with the Crown.

From every perspective, this bill is not only ineffective but it creates the illusion of security and runs the risk of having a perverse effect on the judicial system. That is why the government must redo its homework.

Criminal CodeGovernment Orders

February 14th, 2007 / 5:20 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I too listened with interest to the previous speaker. He indicated that our government is not interested in rehabilitation or prevention measures. Nothing could be further from the truth. Over $20 million was invested in our 2006 budget and targeted specifically at youth at risk. Clearly, we on this side are very interested in prevention and rehabilitation.

The member also mentioned that serious crime rates are falling. Does the member really believe that average Canadians today feels safer in their communities than they did 20 years ago?

Criminal CodeGovernment Orders

February 14th, 2007 / 5:20 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, the biggest problem with this bill is that it will probably give many Canadians and Quebeckers the impression that they live in a world that is less safe today than it was 10 years ago. That is not the case.

Unfortunately, sensational reporting by certain media that practice so-called yellow journalism, fueled by certain statements by Conservative members and ministers or individuals who share their ideology, have led them to believe it. We should look at the facts. The crime rate is going down.

I know very well what the member is saying. Every day I have to convince those around me. I always carry statistics proving that their perception does not correspond to reality. With its talk, this government is fostering a misunderstanding of the facts.

Criminal CodeGovernment Orders

February 14th, 2007 / 5:20 p.m.

Souris—Moose Mountain Saskatchewan

Conservative

Ed Komarnicki ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I am pleased to rise today to speak in favour of this bill. After listening to the comments from the hon. member for Joliette, it seems the Bloc is more concerned about the dangerous offender than the victim, or the young child who has been abused, injured or sexually mistreated, or the mother or father of that child, or those potential children who might be abused. If we pass this legislation, this could otherwise be prevented.

As we know, safe streets and communities are important to all constituents in Canada. We are rightly proud of the history of having safe streets and homes, but times are changing and Canadians are experiencing not only an increase in crime, but an increase in a crime of the most heinous kind, one that is violent and abuses the sanctity of people, particularly children. They have called upon the government to take action. They have called upon the government to pass legislation not only in this area, but in other areas as well. We cannot ignore this problem. We must roll up our sleeves, do the job that needs to be done and work in committee to get the bill passed.

During the last election, we promised Canadians that we would crack down on crime, and that is exactly what we propose to do. We promised, we made a commitment and we are moving on it. We have tabled Bill C-27 in that regard.

In a nutshell, Bill C-27 deals with dangerous offenders and provides for ways of dealing with them. In particular, it also deals with section 810, peace bonds, which can put certain restrictions upon them should they ever get released.

To make it clear, many are calling upon the government to take action. Recent events in the area of Whitewood, Saskatchewan have brought many constituents together. They have presented a petition to the government asking for action. They have said that dangerous offenders should not be out on the loose or if they are released, they should be subject to some of the severest of conditions, so the public is not endangered by their actions. They have not only united the community in that area, but all of the constituency that I represent, including Saskatchewan, as well as provinces beyond.

We have received petitions signed by up to 24,000 to 25,000 Canadians who urge this government to take action. Today, I had the opportunity to file those petitions. It is fitting that we would do it on the day we are introducing Bill C-27, the dangerous offenders legislation. Let us see what they call for in that petition.

They have asked the government to proceed with changes to the justice system in legislation that would result in harsher penalties for convicted pedophiles. They have asked for mandatory or compulsory electronic or other forms of monitoring of pedophiles upon release from custody. They have asked for compulsory public notification and movements of convicted pedophiles. They have asked that we ensure repeat offenders are designated as dangerous offenders.

Why has this situation incited such an interest in the many constituencies, people and communities of Canada? Because the public is fed up. People have had enough of this easy justice, especially where people have been convicted of the same serious offences on at least three occasions, offences that require two or more years of jail time. They are saying there comes a point in time where something needs to be done. These people need to be contained or released under very strict conditions.

I am quite pleased to say that the Government of Canada has responded to the petition that my constituents have filed, and its response is interesting to note. It says that the Government of Canada is fully committed to protecting children from sexual offenders. In the last Parliament, Bill C-2 introduced mandatory minimum penalties for many sexual offences committed against children. These offences are, therefore, not eligible for a conditional sentence of imprisonment.

Also, a number of criminal law reform initiatives have recently been introduced in this regard, including: Bill C-9 to restrict the availability of conditional sentences, which I just mentioned; Bill C-22 to increase the age of protection; Bill C-27, regarding dangerous and high risk offenders, about whom I speak today; and Bill S-3, regarding improvements to the national sex offender registry.

As introduced, Bill C-9 would toughens penalties for a number of sex offences, including offences against children, by making it clear that the conditional sentence is no longer available. Who could argue against that? Bill C-22 would better protect against youth adult sexual predators by raising the age of consent from 14 years to 16 years.

Who opposes this legislation? The opposition parties, the Liberal Party, the Bloc Party and the New Democratic Party have been obstructionist in committee. They have taken clauses out. They have watered them down. They have made them almost of no effect, when just the opposite is what the people of Canada expect. They expect us to get at least that tough, and tougher. They try to use the argument that it might not be constitutional.

However, these individuals, these victims, need protection, and that is exactly what we are about to do. Most Canadians are calling for us to take that action. It would be a good point for the opposition to take that into account, get behind us and have this legislation passed, as opposed to delaying it in committee.

Criminal CodeGovernment Orders

February 14th, 2007 / 5:25 p.m.

The Deputy Speaker Bill Blaikie

I am sorry to interrupt the hon. member, but the time for debate has expired. I know he is just getting started, but he has about four minutes left in which to wind up the next time he gets the opportunity.

The House resumed from February 14 consideration of the motion that Bill C-27, An Act to amend the Criminal Code (dangerous offenders and recognizance to keep the peace), be read the second time and referred to a committee.

Criminal CodeGovernment Orders

May 4th, 2007 / 10:05 a.m.

Souris—Moose Mountain Saskatchewan

Conservative

Ed Komarnicki ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, during the last election, we promised Canadians we would crack down on crime. Upon taking office, we promised that we would move quickly to fulfill these commitments, and we have. That is why we have tabled this legislation to deal directly with serious, hardened, repeat offenders.

In a nutshell, we have identified problems with the dangerous offender provisions and section 810, peace bonds provisions, of the Criminal Code.

This bill addresses those problems in an effective way and in a fair manner to ensure that individuals who pose a clear danger to offend violently or sexually are properly managed and contained for the safety of all.

In my community of Whitewood, Saskatchewan, in my constituency, a number of individuals have gathered together to present a petition to this House. We have received between 24,000 and 25,000 signatures requesting that this government take some action. The petition reads:

WE, THE UNDERSIGNED RESIDENTS OF CANADA, draw the attention of the House of Commons to the following:

Whereas, Canadians enjoy living in safe and secure communities and believe that the safety of their children is a basic right of all Canadians;--

Obviously, some of the events that have happened put some of that in question, but the petition goes on to say:

Whereas, from time to time young children are abducted by known repeat sex offenders;

Whereas, Canadians desire that steps be taken to prevent similar incidents from occurring;--

The petition then goes on to request specifically that the government:

Proceed with changes to the justice system and legislation that would result in harsher penalties to convicted pedophiles;

Make mandatory compulsory electronic or other form of monitoring of pedophiles upon release from custody;

Ensure compulsory public notification on movements of convicted pedophiles;

Ensure above noted repeat offenders be designated as dangerous offenders.

Indeed, this particular bill directly responds to the issues raised in the petition.

First, it addresses the potential inconsistencies in the use of the dangerous offender provisions by requiring Crown prosecutors to openly address whether an application should be brought. However, there are three serious violent or sexual offence convictions which certainly include sexual offences against children.

Second, the bill proposes to reverse the current onus on the Crown where an offender has been convicted for a third time of a number of serious and violent sexual and violent offences.

Third, the bill also clarifies that there is no onus on the Crown in regard to the fitness of a dangerous offender designation. The proposed changes to the dangerous offender provisions of the Criminal Code will make it easier for Crown prosecutors to achieve dangerous offender designation against repeat child sex offenders. About 80% of all dangerous offender applications are against sexual offenders and about half of these target child sexual offenders. Certainly, at some stage of the criminal process, there needs to be a provision where offenders are dealt with in a determined way.

Fourth, Bill C-27 also clarifies that section 810, peace bonds, include the ability to require defendants to submit to electronic monitoring. This peace bond is a powerful tool for police and Crown prosecutors which enables the imposition of severe restrictions on any individuals likely to commit a sexual offence against a child, even though they have not been charged with or convicted of any specific offence.

The section 810 provisions of the Criminal Code are quite encompassing and this legislation enlarges the jurisdiction from a one year term to a potential two year term.

What section 810 would allow the justices to do would be items such as these: prohibit the defendant from engaging in any activity that involves contact with persons under the age of 14 years, including using a computer system; prohibit the defendant from attending a public park or public swimming area where persons under the age of 14 years are present or can reasonably be expected to be present, or in day care centres, school grounds or playgrounds; require the defendant to wear an electronic monitoring device as long as the attorney general makes the request; require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge; and require the defendant to return to and remain at his or her place of residence at specified times.

When we couple all of those potential conditions that can be imposed, along with electronic monitoring, it certainly brings those who are serious offenders, that have been convicted on three separate occasions of serious offences and are sentenced to two years or more, to a place where they can be accounted for and where these kinds of things can be prevented.

There is an argument made that at times we have to balance the rights of the accused against the rights of others, but when we are talking about the children in our society, certainly that balance should favour them at some point in the system. People should be given an indeterminate sentence with no entitlement to statutory release unless they can prove that they should be.