Bill C-32 (Historical)

An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts

This enactment amends the Criminal Code
(a) to create an offence of operating a motor vehicle while in possession of a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act;
(b) to authorize specially trained peace officers to conduct tests to determine whether a person is impaired by a drug or a combination of alcohol and a drug;
(c) to authorize the taking of bodily fluids to test for the presence of alcohol or a drug;
(d) to create an offence of operating a motor vehicle with a concentration of alcohol in the blood that exceeds 80 mg of alcohol in 100 mL of blood and causing bodily harm or death to another person;
(e) to clarify what evidence a person accused of driving with a concentration of alcohol in the blood that exceeds 80 mg of alcohol in 100 mL of blood can introduce to raise a doubt that they were not committing the offence;
(f) to create an offence of refusing to provide a breath sample when the accused knows or ought to know that the accused’s operation of a motor vehicle caused an accident resulting in bodily harm to another person or death; and
(g) to increase the penalties for impaired driving.
The enactment also makes consequential amendments to other Acts.

Project Red Ribbon

[Daryl Kramp, Conservative, Prince Edward—Hastings, ON]

Mr. Speaker, impaired driving is a crime that is 100% preventable. That is why on November 13 volunteers for Mothers Against Drunk Driving from my riding of Prince Edward—Hastings launched their 2007 red ribbon campaign.

Last year this Conservative government introduced Bill C-32, which provided police with the tools to detect drug impaired driving. This bill, now part of Bill C-2, the tackling violent crime act, whose legislative committee I am proud to be a part of, authorizes police officers to conduct a series of tests to determine if a driver is impaired by a drug or a combination of alcohol and drugs.

There is general agreement in this House and in this country that drug impaired driving represents a serious criminal justice, health and traffic safety issue in Canada. Drug users are disproportionately involved in fatal accidents and impaired driving is still the number one criminal cause of death in Canada.

This Christmas season and throughout the year, I urge all Canadians to display a red ribbon in an effort to stop impaired driving.

[Andy Rady, Director, Canadian Council of Criminal Defence Lawyers]

Thank you.

Good morning to all. I'm here along with Evan Roitenberg on behalf of the Canadian Council of Criminal Defence Lawyers. I want to thank you all for allowing us to attend and be witnesses this morning. I'm going to make a few brief opening remarks and then Mr. Roitenberg will continue.

For those of you who aren't familiar with our organization, we are a council of defence lawyers from across Canada, including the territories, of 17 persons. We represent criminal law associations in all of the provinces; they all have a member on our association. So we respond on matters of national interest to the defence bar as a whole. We've been doing this since 1992, and we've appeared before this committee and other committees over the years.

Bill C-2 consisted of five other bills in the previous Parliament, and we've already made representations on those: Mark Brayford from Saskatchewan on Bill C-32, Bill Trudell on Bill C-35, Mr. Trudell and myself on Bill C-10, and Mr. Roitenberg was set to speak on Bill C-27 before Parliament dissolved.

It is our position that the current system of dangerous offender legislation in the Criminal Code works and need not be changed. We have concerns with Bill C-2. Our concern is that if society is going to seek to lock someone up indefinitely, the burden must in all cases be on society to show that this should occur. In other words, we're talking about what we call the reverse onus provision of Bill C-2 with respect to dangerous offenders.

It is our position that this new section really provides a false sense of security and nothing else to what we already have, which is a very careful system, because dangerous offender designations result in perhaps the most draconian penalities that we know in our law. We are concerned as well that what the burden-shifting does is place it on the defence and on the accused person. One of the things that appears not to have been considered is the effect this is going to have on legal aid plans throughout the country. Obviously, if the convicted person is going to have to try to demonstrate why they should not be declared dangerous, the kinds of resources they are going to require from legal aid plans are going to be very high. We're concerned that there isn't a corresponding amount of funding for that.

We also have some concern with respect to the fact that it would appear that aboriginal offenders represent--at least a few years ago--21% of all dangerous offender designations. This is not reflective of the overall aboriginal population. Again, that may have to do with a cost situation in terms of being able to defend dangerous offender applications. One of the things we read indicated that it takes the crown approximately 600 man-hours to put one of these together. If that burden shifts to the accused, we're going to see more dangerous offenders simply because they're not going to have the resources to meet this reverse onus test.

Mr. Roitenberg.

[Rob Nicholson, Conservative, Minister of Justice and Attorney General of Canada]

Thank you very much, Mr. Chairman. I'm pleased to be joined at the table by Catherine Kane, the acting senior general counsel, criminal law policy section; and Douglas Hoover, counsel, criminal law policy section.

Mr. Chairman, I'm pleased to appear before your committee as it begins its review of Bill C-10, the Tackling Violent Crime Act.

This is the government's first piece of legislation in this session of Parliament. The Tackling Violent Crime Act underscores our commitment to safeguard Canadians in their homes and on their streets and in their communities. It is a confidence measure. Bill C-10 reflects the depth of this unwavering commitment by the Government of Canada.

As a confidence measure, Bill C-10 reflects the depth of this unwavering commitment.

Canadians are losing confidence in our criminal justice system. They want a justice system that has clear and strong laws that denounce and deter violent crime. They want a justice system that imposes penalties that adequately reflect the serious nature of these crimes and that rehabilitate offenders to prevent them from reoffending. Bill C-10 seeks to restore Canadians' confidence in our system by restoring their safety and security in their communities, and this is in fact what is reflected in the preamble to Bill C-2.

The proposed Tackling Violent Crime Act brings together five criminal law reform bills that we introduced in the previous session of Parliament. One of them, Bill C-10, imposed higher mandatory minimum penalties of imprisonment for eight specific offences involving the use of restricted or prohibited firearms or in connection with organized crime, which of course includes gangs, and also for offences that do not involve the actual use of a firearm--namely, firearm trafficking or smuggling--or the illegal possession of a restricted or prohibited firearm with ammunition. The Tackling Violent Crime Act reintroduces the former Bill C-10 as passed by the House of Commons.

It also includes one of my favourites, Bill C-22, which increased the age of consent for sexual activity from 14 to 16 years of age to protect young people against adult sexual predators. There is proposed, as I'm sure you are aware, a five-year close-in-age exception to prevent the criminalization of sexual activity between consenting teenagers. The Tackling Violent Crime Act reintroduces Bill C-22 as passed by the House of Commons.

It also includes Bill C-32, which addressed impaired driving by proposing the legislative framework for the drug recognition expert program and requiring participation in roadside and drug recognition expert sobriety testing; by simplifying the investigation and prosecution of impaired driving; and by proposing procedural and sentencing changes, including creating the new offences of being “over 80” and refusing to provide a breath sample where the person's operation of the vehicle has caused bodily harm or death. The Tackling Violent Crime Act reintroduces the former Bill C-32 as amended and reported back from the justice committee.

We also have Bill C-35, which imposes a reverse onus for bail for accused charged with any of eight serious offences committed with a firearm, with an indictable offence involving firearms or other regulated weapons if committed while under a weapons prohibition order, or with firearm trafficking or possession for the purpose of trafficking and firearm smuggling. The Tackling Violent Crime Act reintroduces the former Bill C-35 as passed by the House of Commons.

The Tackling Violent Crime Act also reintroduces reforms proposed by the former Bill C-27, addressing dangerous and repeat violent offenders, with additional improvements.

As I have noted, and with the exception of the dangerous offenders reforms, all of these reforms have been thoroughly debated, reviewed, and supported in the House of Commons.

These reforms included in Bill C-27 had not progressed to the same level of understanding and support in the previous session and now include additional improvements to address concerns that have been identified in the House of Commons as well as by my provincial and territorial counterparts. Let me take a moment to go through these reforms.

The Tackling Violent Crime Act retains all of the reforms previously proposed in Bill C-27 regarding peace bonds, which had been well received within the House of Commons and beyond. Accordingly, Bill C-10 proposes to double the maximum duration of these protective court orders from one to two years and to clarify that the court can impose a broad range of conditions to ensure public safety, including curfews, electronic monitoring, treatment, and drug and alcohol prohibitions.

I believe this particular provision will be well received across this country. Many people have complained for many years that by the time you get a one-year peace bond, it's too short a period of time, and that two years would be much more appropriate in terms of getting the bond and having it put in place.

Under this bill as well as under the former Bill C-27, crown prosecutors will still have to declare in open court whether or not they intend to bring a dangerous offender application where an individual is convicted for a third time of a serious offence.

We have retained some procedural enhancements to the dangerous offenders procedures, allowing for more flexibility regarding the filing of the necessary psychiatric assessments.

As in the former Bill C-27, an individual who is convicted of a third sufficiently violent or sexual offence is still presumed dangerous.

Bill C-10 also toughens the sentencing provision regarding whether a dangerous offender should receive an indeterminate or a less severe sentence. This amendment modifies Bill C-27's approach to make the courts impose a sentence that ensures public safety.

Finally, it includes a new provision that would allow a crown prosecutor to apply for a second dangerous offender sentencing hearing in the specific instance where an individual is convicted of breaching a condition of their long-term supervision order.

This second hearing targets individuals who were found by the original court to meet the dangerous offender criteria but were nonetheless able to satisfy the court that they could be managed under the lesser long-term offender sentence. If they show by their conduct, once released into the community, that they are not manageable and are convicted of the offence of breaching a condition of their supervision order, they would now be subject to another dangerous offender sentence hearing.

Importantly, this new proposal does not wait for the offender to commit yet another sexual assault or violent offence to bring the offender back for a second hearing for a dangerous offender sentence. Instead, it would be triggered simply by the offender's failure to comply with the conditions of his release contained in his long-term supervision order--for example, for failing to return to his residence before curfew or for consuming alcohol or drugs. Of course, this second hearing would also be triggered if the offender in fact did commit a further sexual or violent offence after his release into the community.

These new proposals directly respond to a serious problem identified by provincial and territorial attorneys general in recent months. Indeed, some of these issues have been flagged since about 2003. Since the 2003 judgment by the Supreme Court of Canada in the Johnson case, many violent offenders who meet the dangerous offender criteria have nonetheless managed to escape its indeterminate sentence on the basis that they could be managed; that is, the risk of harm that they pose to the community could be successfully managed in the community under a long-term offender sentence.

So we reviewed the dangerous offender cases since the 2003 Johnson case and identified 74 such violent offenders. We then looked at how these individuals fared once they were released into the community. To date, 28 of these 74 dangerous offenders have been released into the community. Of these 28, over 60% were subsequently detained for breaching the conditions of their long-term supervision and 10 were convicted of breaching a condition of their long-term supervision orders.

Bill C-10 will prevent dangerous offenders from escaping the dangerous offender indeterminate sentence in the first place and will enable us to more effectively deal with those who nonetheless receive the long-term offender sentence but then demonstrate an inability to abide by the conditions of their long-term offender supervision order.

Of course I have carefully considered the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights in respect of the totality of these new dangerous offender reforms, and I am satisfied that they are fully constitutional. These measures have been carefully tailored to provide a prospective, targeted, and balanced response to the real and pressing problem posed by these dangerous offenders.

To sum up, Mr. Chairman, the Tackling Violent Crime Act proposes reforms that have already been supported by the House of Commons.

In the case of the new dangerous offender provisions, it proposes modifications that many have signalled an interest in supporting.

I appreciate the collaborative spirit this committee and members have shown thus far to enable the commencement of the review of Bill C-10, and it is my hope and that of all Canadians that this collaboration will continue to enable expeditious passage of this bill.

Thank you, Mr. Chair.

[Réal Ménard, Bloc, Hochelaga, QC]

Actually, I know that this will certainly be discussed at the steering committee, but I would have liked a look at it first. Do my colleagues want to see a list of all the witnesses? When we discussed it with our leaders, we definitely said that we wanted the committee to concentrate its efforts on the contentious matters from the previous session, that is to say Bill C-27.

I would not want us, for example, to hear again from all the witnesses that we heard in the last session when we were discussing Bills C-10, C-22, C-32 and C-37. I would like us to spend more time on Bill C-27 that caused us difficulty. I wonder if all my colleagues are of the same mind, given that it is more or less what the leaders agreed among themselves when they were discussing the legislative committee.

Tackling Violent Crime Act

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Speaker, I must inform the House that our colleague did not tell us the whole truth.

First, with regard to Bill C-27, the committee met three times. We cannot say that we will adopt a bill after three committee meetings. The committee had just been formed when the House adjourned.

The government whip speaks of Bill C-32, An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts. The fact is that we did not block the bill and, what is more, we were at report stage. We had agreed in committee that the chair would table a report. If the whip was in such a hurry to pass the bills, then why did his Prime Minister prorogue the House? We were ready to return and study these bills.

I believe that is a myth. The opposition parties co-operated with the government. However, we will not allow this government to tell the opposition parties that they will not do their job. And when we deem it appropriate, we will amend the bill.

I was not elected on the Conservative's platform. I was democratically elected, with 60% of the votes in my riding, as an alternative to the Conservatives. We will do our work. If we believe it necessary, we will amend the bill.

The Prime Minister must be more democratic.

[Jay Hill, Conservative, Secretary of State and Chief Government Whip]

Mr. Speaker, as I have done with all the speeches this afternoon, I listened with great interest to the words of my colleagues from the opposition parties. I would like to take this opportunity to perhaps correct some of the motives the member attributes to the Conservative government in bringing forward this tackling violent crime act, Bill C-2, and then pose a question.

Toward the end of his remarks he asserted that our government is driven by partisan political considerations. I would like to state for the record that no, what we are driven by here is to try to reform our justice system or, maybe more appropriately, that we are driven by a desire to restore fairness and justice to our legal system in this country.

That is the real reason behind the fact that in our short-lived government we have brought forward so many new initiatives in the justice department. In fact, he mentioned the fact that we brought forward a dozen bills alone in this Parliament already.

The other fallacy that I would like to quickly correct for the record is this whole business that somehow by combining these bills we are going to delay them. The fact is, and my colleague clearly identified this, Bill C-2, the tackling violent crime act, encompasses some five previous bills. I will run through them very quickly.

Previously, Bill C-10, mandatory minimum penalties for firearms offences, was stalled in committee for 252 days and the bill died after a total of 414 days before Parliament.

Bill C-22, age of protection, was stalled in committee for 175 days and the bill died after a total of 365 days before Parliament.

Bill C-27, dangerous offenders, was stalled in committee for 105 days and the bill died after a total of 246 days before Parliament.

Bill C-35, reverse onus on bail for firearms offences, was stalled in committee for 64 days and the bill died after a total of 211 days before Parliament.

Finally, Bill C-32, drug impaired driving, was stalled in committee for 149 days and the bill died after a total of 210 days before Parliament.

I think Canadians are waking up to the fact that a lot of these bills were stalled in the upper chamber in our parliamentary system. What are we talking about? We are talking about an unelected, unaccountable, Liberal dominated Senate. In other words, an upper chamber dominated by our process in this Parliament by the opposition.

Obviously, even the temporary current leader of the official opposition, the leader of the Liberal Party, has no control over the Senate. He has no control over his colleagues over there in getting this legislation moved forward.

In the last election campaign, all four parties running in the election said they wanted to get tough with violent crime. Yet, when we put this legislation through, the Liberals allowed it to be stalled over there. What have we done? We have combined them because the Senate will be less able to stall one or two bills because Canadians will be awakened to the fact that if the Liberals stall Bill C-2, they will clearly understand that the Liberal Party has never been serious about violent crime. It says one thing but does the opposite.

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Speaker, today we are debating what the government considers to be the most important component of the throne speech presented a few days ago, Bill C-2.

First of all, there is a myth that I would like to dispel. On several occasions the members on the government side have unfortunately taken some liberties with the truth. They have suggested that, in this Parliament, the opposition parties—the official opposition, the Bloc Québécois and the NDP—did not cooperate, that they acted like spoilsports and had unduly and excessively delayed passage of the justice bills. We need to set the record straight. This presentation of the facts is false, dishonest and, at the very least, misleading.

Since coming into power in January 2006, the Conservative government has tabled 12 justice bills. They were studied by the Standing Committee on Justice and Human Rights and the legislative committee and six of them have received royal assent. Therefore, since the government came into office in January 2006, six bills have been adopted and received royal assent.

I will mention them quickly, for information purposes: Bill C-9, on conditional sentencing; Bill C-17, on the salaries of judges; Bill C-18, on the DNA data bank; Bill C-19, which was meant as a tribute to a Conservative member who unfortunately passed away, and which makes street racing a new offence under the Criminal Code; the fifth bill, namely Bill C-48, on the United Nations Convention against Corruption and on international crime, was fast-tracked and supported by all opposition parties and the government; finally, the sixth one, is Bill C-59, creating a new offence, under the Criminal Code, for the unauthorized recording of a movie in a movie theatre. That legislation was quickly passed, at the request of the Bloc Québécois, which had enlisted the support of the official opposition and of the NDP.

Again, of the 12 bills introduced by the government, six received royal assent. That left six, with four of them being in the Senate. That was the case for Bill C-10, on minimum penalties for offences involving firearms, and for Bill C-22, on the age of protection. The Conservatives proposed to raise the age of protection from 14 to 16 years. As mentioned earlier, opposition parties requested that a close in age provision be included, to provide for a difference of five or two years, depending on the age being considered.

As I just mentioned, Bill C-10 and Bill C-22 were before the Senate. Bill C-23, which is a rather technical bill on the language used during a trial before a jury, was also before the Senate, as was Bill C-35, dealing with the reverse onus, at the pre-trial hearing, for a number of very serious offences. The committee was told that this was already the usual practice, and that a justice of the peace or a superior court judge very rarely grants bail at the pre-trial hearing, when the individual is accused of murder, assault or sexual assault. This was already an established practice.

In summary, six bills have been passed and have received royal assent, and four had already gone through third reading in the House of Commons and were in the Senate. This left us with two bills: the dangerous offenders bill, Bill C-27, which I will address later, and Bill C-32 dealing with impaired driving.

Could the Prime Minister and the Conservative team be asked to be a little more relaxed and show a more nuanced and respectful attitude toward the opposition?

We are going to do our job. In the past, we have given the government our cooperation when that was necessary, but we have introduced amendments because, unfortunately, an entire segment of the Conservative caucus has no idea of nuances. I will give examples. Had Bill C-32 been passed as written, without amendments, anyone driving his or her own car with a passenger on board who was in possession of a small amount of marijuana could have faced prosecution or arrest.

Was that the purpose of the legislation? This bill was intended to address a public safety issue, recognizing that no one should be operating a vehicle on public roadways while under the influence of drugs, and to allow for drivers to be subjected to standardized tests known as standardized field sobriety tests. The intention certainly was not to pass legislation to target drivers carrying drugs without their knowledge. That could happen. I could give three people a ride to my cottage without knowing that one of them has marijuana in his or her pocket. This would have made me liable to prosecution.

This is the sort of excess the Conservatives are guilty of, when we are talking about a bill, a motivation, and an intent that are utterly defensible in terms of public policy. But when the Conservatives are left to their own devices, when they are ruled by that extreme wing of their caucus and blinded by the idea of law and order, they come up with bills that have to be amended.

Conditional sentencing has been mentioned. When we began looking at Bill C-9, the first justice bill the Conservatives introduced—the member for London West will recall—we were told that conditional sentences represented only 5% of sentences.

If you look at all the sentences handed down in all the courts in Canada in recent years for which records have been kept, you see that conditional sentences, which allow offenders to serve their sentence in the community under supervision, represented only 5% of sentences.

If we had adopted the bill as introduced by the Conservatives, all offences punishable by more than two years in prison might have been excluded from this tool judges have for determining how a sentence can be served in the community.

I repeat that I am extremely disappointed with the attitude of the Prime Minister, who asks the opposition to vote for bills, but will not tolerate any amendments to those bills. How can anyone be so authoritarian? How can anyone be so cavalier? How can anyone be so disrespectful of Canadian democracy and tell the 57% or 58% of Canadians who did not elect Conservative members that if their representatives do not fall into line with the Conservative platform, they cannot introduce amendments in this House?

I assure my colleagues that we are going to consider the issue and that we will work very quickly, with all due diligence. And we will introduce amendments if we feel that they are in the interest of the people we represent.

The government wants this bill to go to committee quickly. The leaders have agreed on this. Later today, the whip will introduce a motion, and once again we have offered to cooperate.

Next week, we will have this bill before us, but we will not allow ourselves to be led by the nose by this government. When the Conservatives were in opposition, they were intractable and often mean-spirited. They constantly, systematically filibustered. Never have I seen such filibustering. Sometimes it went on day and night.

The current Minister of Agriculture and Agri-Food did the filibustering. He led this House in circles regarding employment equity. At the time, I was a young, naive and vulnerable member. I had just been elected and was experiencing my first filibuster. Furthermore, the current Minister of Indian Affairs and Northern Development was uncompromising on the issue of employment equity, which was under the responsibility of the Canadian Human Rights Commission.

They cannot have it both ways. A person cannot say that it is fine to filibuster when they are in opposition, only to turn around, once they are in the governing party, and refuse the opposition's right to present amendments. This is irresponsible and disrespectful.

Bill C-2 merges five pieces of legislation. Of those pieces of legislation, the Bloc Québécois supported four of them, with amendments. In committee, of course, we will not ask to repeat the work that has already been done.

However, we have a problem with Bill C-27, concerning dangerous offenders. As we all know, the Criminal Code has included provisions on this matter since 1947. In the past, we did not use the term dangerous offender, but rather habitual criminal. I wonder whether certain members, those who have been practising law for some time, remember that expression. The Liberals already changed those provisions by creating a new category of dangerous offenders—long-term offenders—in Bill C-55.

What is our line of questioning? I would like to be clear. I am telling the government that the Bloc Québécois would like to see three main groups of witnesses. First, we would like to hear constitutional experts on the constitutionality of the reverse onus principle, in the same terms in which this bill was presented.

We would then like to see a second group of witnesses. I would remind the House that when the Minister of Justice appeared before the Standing Committee on Justice and Human Rights, he was unable to tell us what it is about the administrative and judicial process for dangerous offenders that is not working.

Currently, a person can be labelled a dangerous offender after committing a first serious offence. Section 753 of the Criminal Code is very clear. If there is any reason to believe that that an individual is likely to cause a death, is out of control, or is likely to reoffend, that person can be declared a dangerous offender after a first offence. I am not saying that this is what usually happens. We are not talking about a large number of people here. About 350 people have been declared dangerous offenders, and some of them have been released under mandatory supervision. Of course, most of them are inside federal prisons.

We will run this by constitutional experts. It is our responsibility to ensure that this bill is not unconstitutional. We will ask people who make their living dealing with this issue before the courts to explain to us which parts of the current legislation are not working.

We will also ask a third group of witnesses about the list of offences. In the bill before us today, five types of offences would result in an individual being declared a dangerous offender. Naturally, most of them are serious crimes, such as attempted murder, murder, homicide and serious sexual crimes.

The government wants to expand this list to include 42 offences. The preliminary list includes 22 offences, one of which is assault. I do not wish to downplay the importance of assault. However, should an individual who has been convicted of assault three times be put on a list of dangerous offenders, with all of the consequences that entails?

There is a list of designated offences, which, I agree, are offences generally punishable by a sentence of more than five years. The question is, do we need to take this further? Is it important to have these two lists of offences?

Why ask this question? We are not questioning the fact that we need provisions in the Criminal Code for people who are so dangerous and present such a risk of recidivism that they need to be designated long term offenders, or dangerous offenders. A dangerous offender is someone who can be imprisoned for an indefinite period. Obviously, they are denied their freedom and denied eligibility for parole. Certainly—and I am not afraid to say so—this is justified in some situations. We understand that for some individuals there is no chance for rehabilitation and they have to be imprisoned for an indeterminate period.

Nonetheless, it is our responsibility to ensure that if we are going to pass legislation that considerably broadens the scope of this rule—which is in fact an exception to the general rule—then we have to be able to verify the facts in committee in order to make sure there is no risk of abuse or excess.

As hon. members know, the Conservatives are driven by partisan political considerations. That is “partisan” with a capital “P”.

As it stands, the crime rate has gone down in Canada. In any event, the homicide rate has gone down. The incidence of violent crime has gone down. I am not saying there has not been a worrisome increase in property crime in certain communities. However, generally speaking, we know full well that for a number of years now, major crime, such as homicide—crimes involving violence—has gone down year after year.

Criminologists who have studied these issues are saying that there is no correlation between a reliance on imprisonment and lower crime rates in a society. We do not live in a safer society and the communities are not safer because of widespread prison sentencing.

We know that the United States has an incarceration rate seven times greater than Canada's. In Canada, there are 132 or 134 prisoners for every 100,000 people.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

Mr. Speaker, the member represents people who breathe in the fresh, misty and refreshing air on the banks of the Bay of Fundy, but who, like the people I represent, have to live with an unrestored Petitcodiac River.

On topic, I thank him for his continuing interest in criminal justice issues. I know what he wishes for is what all Canadians wish for, a safe society. I will have a speech rebutting a lot of his technical points, but the question is this. As the Parliamentary Secretary to the Minister of Justice, he heard much evidence, as we all did on the justice committee, about how to effect the legislation, the 13 bills with which we were presented.

I have a few very short questions.

Why has the Conservative government not fulfilled its promise of 2,500 police officers? How can it put into place a thousand RCMP officers when the RCMP itself is a thousand persons behind in its recruitment drive? Is the drug recognition expert program funded? If Bill C-32 is up and running tomorrow, will it work?

Finally, he heard evidence about the Centre for Forensic Sciences being quite behind in its deadlines with respect to DNA identification. Is that centre well funded enough? Will it work and be able to respond to the needs in the new DNA bill which we all supported?

[Rob Moore, Conservative, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I am pleased to rise today to join in the debate on Bill C-2, the tackling violent crime act.

As the Minister of Justice noted when he spoke in reply to the Speech from the Throne, safe streets and secure communities are the Canadian way of life. This is what I would like to focus my remarks on today, how we are building a stronger, safer and better Canada, beginning with Bill C-2.

I have had many opportunities, as probably all members in the House have had, to talk with my constituents, parents, community leaders, police, lawyers, and many others about their concern with crime and what we should do about it.

What I have heard has likely been heard by all hon. members as they have travelled throughout their ridings and indeed across Canada. Canadians are clearly expecting their government to take concrete and effective action to tackle crime.

Unlike previous governments on this issue, the current government listens. We share these concerns and we have made tackling crime a key priority for our government. We have made it a key priority for our government because it is a key priority for Canadians, but there is so much more that needs to be done.

We know what crime looks like in Canada. Crime statistics have been recorded since 1962 so we have 45 years of information. Statistics Canada reported last July that the overall national crime rate has decreased for the second year in a row.

We all want to see a lower crime rate. So this is the good news. But the national crime rate is an average and does not tell us about some of the more serious problems or localized problems.

The long term trends over the last few generations show us what we all know in the House, that crime has increased drastically. Since the 1970s, for example, the violent crime rate has increased 98%, but the national crime rate does not tell us what may be going on in individual communities. Community leaders, victims groups and law enforcement know their particular challenges, and we are listening to them.

Many Canadians have lost confidence in the criminal justice system and question if it is doing enough to protect them. They know that violent crime is all too common. They dread hearing statistics like those released on October 17 by Statistics Canada.

Those statistics tell us that 4 out of 10, or 40% of victims of violent crimes sustained injuries. They tell us that half of violent crimes occurred at private residences. They tell us that firearms were involved in 30% of homicides, 31% of attempted murders and 13% of robberies committed. They tell us that one out of every six victims of violent crimes was a youth aged 12 to 17 years old and children under 12 years of age account for 23% of victims of sexual assaults and 5% of victims of violent crimes.

Canadians are looking to the federal government to work with them to restore community safety. The government understands the need for leadership in criminal justice and this is what our tackling crime priority, and our commitment in this regard is all about. It is about reducing all crime and providing an effective criminal justice system. Our plan is ambitious, but Canadians can count on us to get it done. As they have seen on other issues, we have been able to get things done for all Canadians.

In the last session of Parliament the government tabled 13 crime bills. This is proof of our commitment to address crime and safety issues in our communities. It is interesting to note that it was 13 crime bills as it was 13 years of Liberal governments that have left us with a revolving door justice system in which Canadians have lost faith, a justice system that Canadians feel puts the rights of criminals ahead of the rights of everyday, law-abiding Canadians. This is what our government is going to address.

Six of these crime bills, of the 13, received royal assent and are now the law or will soon become the law. For example, one of the government's first bills and first priorities was to curtail the use of conditional sentences or house arrest for serious violent crimes.

We all know the issue of house arrest. In all of our ridings we have heard cases where someone has committed a very serious, sometimes violent, crime and there is an expectation in the community that there will be a severe consequence for someone who commits a severe crime. All too often the community is outraged when it hears that criminals will be serving out their sentence from the comfort of their own home.

Bill C-9, which received royal assent on May 31, 2007, and will be coming into force on December 1, 2007, makes it clear that conditional sentences or house arrest will not be an option for serious personal injury offences, terrorism offences, and organized crime offences where the maximum term of imprisonment is 10 years or more.

This change was a long time coming. It is well past due and Canadians will be better served by a justice system that does not allow, for these serious offences, criminals to serve a sentence in their own home. Canadians wanted this change.

Bill C-18 strengthened the laws governing the national DNA data bank. This will facilitate police investigation of crimes. Bill C-18 received royal assent on June 22, 2007. Some provisions are already in force and others will soon be proclaimed in force.

Bill C-19 made Canada's streets safer by enacting new offences to specifically combat street racing. These new offences built upon existing offences, including dangerous driving and criminal negligence, and provide higher maximum penalties of incarceration for the most serious of street racing offences.

As well, mandatory driving prohibition will be imposed on those convicted of street racing. In the most serious cases involving repeat street racing offenders, a mandatory lifetime driving prohibition can now be imposed.

We also took concrete steps to protect users of payday loans. Bill C-26, which received royal assent on May 3, 2007, makes it an offence to enter into an agreement or an arrangement to receive interest at a criminal rate or to receive payment of an interest at a criminal rate. The criminal rate of interest is defined as exceeding 60% per year.

We also took further measures to combat corruption. Bill C-48 enacted Criminal Code amendments to enable Canada to ratify and implement the United Nations convention against corruption on October 2, 2007. By ratifying the convention, Canada has joined 92 other state parties committed to working with the international community to take preventative measures against corruption.

Our bill to stop film piracy or camcording, Bill C-59, received widespread support. It was quickly passed and received royal assent on June 22, 2007.

Unfortunately, none of our other important crime bills progressed to enactment before Parliament prorogued. That is why the tackling violent crime act reintroduces the provisions of the following bills that died on the order paper.

The bill imposing mandatory minimum penalties of imprisonment for firearms offences, Bill C-10, is included in Bill C-2 as passed by the House of Commons.

Bill C-22, which increased the age of protection against adult sexual exploitation, has been included, as passed by the House of Commons.

Bill C-32, addressing drug impaired driving and impaired driving in general, has been introduced as amended by the House of Commons Standing Committee on Justice and Human Rights and reported to the House of Commons.

Bill C-35, imposing a reverse onus for bail for firearms offences, has been included in this new bill, as passed by the House of Commons. This bill will make it tougher for those who have committed a firearms offence to received bail and be back out on the street.

Bill C-27, addressing dangerous and repeat violent offenders, as originally introduced, is included in this bill, but with some further amendments, which I will elaborate on shortly.

The tackling violent crime act respects the parliamentary process and includes the bills as amended by committee or as passed by the House of Commons, and in the same state that they were when Parliament was prorogued. As a result, these reforms are familiar, or should be familiar, to all members of this House, and so I would call on all hon. members to quickly pass the tackling violent crime act.

Indeed, many hon. members have already stated that they support these reforms. There is therefore no need to further debate these reforms or for a prolonged study of the provisions that Parliament has already debated and committees have already scrutinized. It is time for us all to demonstrate our commitment to safeguarding Canadians and for safer communities, and to quickly move this bill forward.

For those who need more convincing, I would like to reiterate that the tackling violent crime act addresses a range of serious issues that put Canadians at risk: gun crimes, impaired driving, sexual offences against children and dangerous offenders.

We know that Canadians expect their government to take action and to protect them from these crimes. To do so, we need the support of all hon. members, as well as Canadians, our partners in the provinces and the territories, and law enforcement and community groups.

Time does not permit me to address each of the equally important elements of Bill C-2. I know that other members will rise to speak to the reforms that are of most concern to them. I propose to highlight a few of the issues that have been raised repeatedly with me by my constituents, and I am sure by constituents in ridings held by all hon. members, in particular, about impaired driving, the age of consent and dangerous offenders.

Alcohol and drug impaired driving have devastating effects for victims, for families and for communities. Impaired drivers are responsible for thousands of fatalities and injuries each year, not to mention billions of dollars in property damage.

Once the tackling violent crime act is the law, impaired drivers will face tough punishment, no matter which intoxicant they choose, and police and prosecutors will have the tools that they need to deal with these offences.

Although drug impaired driving has always been a crime, until recently, police have not had the same tools available to stop those who drive while impaired by drugs that they have to address alcohol impaired driving. Under this bill, they will.

The tackling violent crime act strengthens the ability of police, prosecutors and the courts to investigate, prosecute and sentence those who endanger the safety of other Canadians through alcohol or drug impaired driving. I know that all hon. members recognize the pressing need to ensure the safety of our streets, highways, communities and our schools. By giving police the tools they need to combat impaired driving, we are doing that.

These reforms were applauded by the stakeholders and supported in the House of Commons. I am sure every member of Parliament in the House has received correspondence urging them to support the bill. There should be no impediments to making progress on this part of the tackling violent crime act.

The act also reintroduces the reforms to raise the age at which young people can consent to sexual activity from 14 to 16 years of age. The bill takes away the ability, and let us be clear on what the bill does, of adult sexual predators to rely on claims that their young victims consented.

Again, these reforms were welcomed by child advocates and supported in the House as part of former Bill C-22, so there is no need for further debate. We can move ahead.

It is worth spending a few moments to focus on the dangerous and high risk offender provisions of former Bill C-27. Some of these provisions have been modified and, therefore, hon. members may want to scrutinize these aspects more than the other reforms included in the tackling violent crime act.

The dangerous offender reforms in Bill C-2 respond to the concerns highlighted in the debates and before the justice committee, and by provincial attorneys general. I am sure that all hon. members will agree that these modifications are welcomed.

As members will recall, former Bill C-27 was tabled in the House last October. That bill included dramatic enhancements to the sentencing and management of the very worst of the worst, those offenders who repeatedly commit violent and sexual crimes and who require special attention, because it has become clear that the regular criminal sentencing regime simply cannot effectively manage the small but violent and dangerous group of offenders.

The tackling violent crime act includes all of the original amendments to the Criminal Code from the former Bill C-27, as well as two important changes which will go further in protecting Canadians from dangerous offenders.

First, let me provide an overview of the provisions brought forward into the House under Bill C-27. It includes the requirement in dangerous offender hearings that an offender be presumed to meet the dangerous offender criteria upon a third conviction for a primary designated offence. In other words, an offence that is on the list of the 12 most violent or sexual offences that typically trigger dangerous offender designations.

Second, the bill would also place a requirement on crown prosecutors to inform the court that they had fully considered whether to pursue a dangerous offender application. This is to prevent these applications from falling through the cracks. This would occur in cases where an offender had been convicted for a third time of a relatively serious sexual or violent offence.

The declaration is intended to ensure more consistent use of the dangerous offender sentence by the Crown in all jurisdictions. Although the Crown must indicate whether it has considered bringing a dangerous offender application, we are not dictating to it that it must do so. We are not attempting to arbitrarily fetter the discretion of the Crown or of the court. Rather, we are providing a way to make sure that the Crown turns its mind to the issue of a dangerous offender application.

Third, Bill C-2 would also bring forward the very significant reforms to the section 810.1 and 810.2 peace bond provisions that enable any person to apply to a court to ask for stringent conditions to be imposed against individuals who are felt to pose a threat of sexual or violent offending in the community.

We have all heard the horror stories from one end of the country to the other of someone who is known to be a threat to commit a sexual or violent offence against an innocent member of the community. There is often great frustration among Canadians at the perceived inability for government, for officials, for police, to act to protect the community from a subsequent violent or sexual offence.

Specifically, we are doubling the duration of peace bonds from one year to two years. We are also providing specific authority for the court to impose conditions regarding curfews, electronic monitoring, treatment requirements and other prohibitions as well as making it very clear that the court may impose any conditions it feels are necessary to ensure public safety.

Since the tabling of the former Bill C-27 last October, provincial attorneys general have raised concerns about violent offenders who are found to be dangerous offenders, but are not receiving indeterminate sentences. This is due to a finding that they could be managed under the long term offender designation.

The long term offender sentencing option currently in the Criminal Code allows a court to sentence an individual to a regular sentence of imprisonment, but add up to 10 years of intensive community supervision to the sentence.

Based on the interpretation of the lower courts of the 2003 decision of the Supreme Court of Canada in R. v. Johnson, many individuals who fully meet the designation of a dangerous offender have nonetheless been given long term offender designation instead. The Crown has been unable to convince the sentencing court that the offenders could not be managed under the less severe sentence option.

The big concern is that some of these individuals may not in fact be suitable for community supervision sentences. Yet, until they commit another violent sentence, their status as a dangerous offender cannot be reviewed by a court. I should mention, and it should be obvious, until they commit another violent offence, then it is too late for the community, for innocent victims and for families.

Given the concerns expressed since former Bill C-27 was tabled, the government has been examining the scope of this problem and developing potential solutions. It is clear that a large proportion of the individuals who meet the dangerous offender criteria, but have been given a less severe sentence, have demonstrated that they simply refuse to cooperate. The majority eventually breach one or more of the conditions of their long term supervision order. This is a clear indicator that the original sentence was based on a flawed presumption that the offender was manageable. As such, there is a real need to revisit the original sentence in order to stop the reoffending right then and there before another tragedy occurs.

The tackling violent crime act addresses this problem and includes new provisions that were not included in the former bill.

First, the tackling violent crime act makes it clear that from now on if offenders meet the dangerous offender criteria, they will always be designated as a dangerous offender first, and that designation is for life. The court must then determine the appropriate sentence, either an indeterminate sentence or a determinate sentence, with or without the long term offender supervision order. Critical to this scheme is that from now on the court must impose an indeterminate sentence unless it is satisfied that the offenders can be managed under a less severe sentence.

Second, in cases where dangerous offenders are able to satisfy the court that they can be managed under the lesser sentence and are subsequently charged and convicted with a breach of a long term supervision order, they can be brought back to the court for a new sentencing hearing. At the new hearing, dangerous offenders will have to satisfy the court once again that they can still be managed under the lesser sentence. If not, the indeterminate sentence must be imposed.

The government believes that the impact of these new reforms will be significant. Because of the clarification to the sentencing provisions, fewer offenders will escape the dangerous offender designation. In addition, for the few offenders who are declared to be dangerous offenders, but given a long term offender sentence, they will know that if they do not abide by the term of their supervision orders once released, they will be returned to court for a new sentencing hearing and an indeterminate sentence will be the likely outcome.

It will not take a second sexual assault or a second violent offence to bring the offender back for a new dangerous offender sentence. This new provision would be available, for example, even if the violation were simply that the offender failed to return to his residence before curfew or consumed alcohol or drugs in violation of a long term offender supervision order.

Our government remains committed to ensuring that all Canadians live in safe and secure communities. The tackling violent crime act will protect Canadians. It is fulfilling our commitments to Canadians. The government is committed to taking action, acting on behalf of the safety of all Canadians. I urge all members to support the tackling violent crime act.

Resumption of debate on Address in Reply

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Speaker, I find it interesting. The NDP supported Bill C-10, an act to establish escalator clauses for minimum mandatory penalties. The NDP supported it and agreed with escalator clauses. That is in the omnibus bill. The NDP supported Bill C-22, an act to increase the age of protection. That is in the omnibus bill. The NDP supported Bill C-32, the impaired driving act. That is in the omnibus bill. The NDP supported Bill C-35, which is in the omnibus bill--

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Speaker, I am honoured to rise and speak here today. This is my first opportunity to participate in a debate in this new session.

I will be splitting my time with the member for Nipissing—Timiskaming.

I read the throne speech with a great deal of interest. I think many people in this Chamber were waiting to hear what the government had to say. We found it quite interesting that the government dealt with justice. What is interesting is that the government says that it will immediately tackle violent crime and that it is the only party in the House that looks at getting tough on crime.

I have listened to the Prime Minister, the Minister of Justice and to his parliamentary secretary talk about how the opposition parties obstructed the Conservative criminal justice agenda in the last Parliament. I find it quite amusing but I am dismayed to think that any Canadian listening to the Prime Minister, the Minister of Justice, the Parliamentary Secretary to the Minister of Justice or any of those Conservatives elected to the House of Commons and some of the ones over in the Senate would actually believe that the opposition parties tried to obstruct the criminal justice agenda of the Conservative Party.

I would like to present a few facts before this House.

The Conservative government tabled 13 justice bills in the House of Commons from its first throne speech in 2006 following the 2006 election. When the Prime Minister prorogued the House this past summer, of those 13 bills, Her Majesty's official opposition, the Liberal Party of Canada, under the leadership of the hon. member for Saint-Laurent—Cartierville, supported, unconditionally, 10 of those 13 justice bills put forward by the Conservatives. It goes even further.

On October 26, 2006, the official opposition House leader, along with the then Liberal justice critic who is the member for London West and who is now the chair of the national Liberal caucus justice committee, made a formal public offer to the Conservative government to put our votes behind the Conservative votes in order to fast track the adoption at all stages of several of the government's bills. One of those bills included the age of consent legislation.

Had the Conservative government, the Prime Minister, the Minister of Justice and the Conservative members of Parliament accepted the Liberal offer on October 26, 2006 to fast track Bill C-22, the age of protection would have been 16 years.

The Conservatives refused to take us up on it. Not only did they refuse to take us up on it, they allowed Bill C-22 to sit on the order paper for 130 days after they first tabled it in the House. When did they finally table their motion to move second reading debate? They tabled it on October 30, 2006, four days after the Liberals made an offer to fast track that bill. It finally put a fire under their bushel and they finally tabled a motion to move it for debate at second reading. Once the debate at second reading was finished, it took 142 days before that Conservative government moved the vote at second reading of Bill C-22.

I would like to know whether the Minister of Justice, the Parliamentary Secretary to the Minister of Justice, or the Prime Minister of Canada have explained to Canadians why the age of consent today is still 14, when it could have been 16 as of October 26, 2006. But that is not enough. They wanted to use that bill as a hammer against the opposition parties to try and paint the opposition parties in the minds of Canadians as being soft on crime and not caring about our children, as being willing to have our children preyed upon. They continued to delay that bill, so much so that the Liberals in March 2007 offered again to fast track that bill. Did the Conservatives take us up on it? No, they did not.

We then in desperation tabled an opposition motion that would have had Bill C-22, which raised the age of consent from 14 to 16, adopted at all stages. What was the response of the Conservative government which claims that it is interested in the safety of Canadians, in the safety of our children? The Conservatives obstructed our opposition motion. They used an arcane procedure in order to deem it unreceivable. They blocked speedy passage of their own bill. It is unconscionable.

Let us look at Bill C-32, the impaired driving act. That bill was brought in originally by the member for Mount Royal when he was the minister of justice and attorney general of Canada under the previous Liberal government. We went to an election. Unfortunately, the NDP colluded with the Conservatives, defeated the Liberal government and now we have the NDP gift to Canadians, a Conservative government.

The government finally re-tabled Bill C-32. When did the Conservatives do it? Did they do it at their first opportunity after the election when Parliament came back at the beginning of February 2006? No, they only tabled it again in the House on November 21, 2006, some 10 months later. Then they let it sit on the order paper for 77 days. They did not move second reading until February 6, 2007.

That was another bill which the Liberals offered to fast track. We saw it just sitting on the order paper. Anyone who knows anything about the procedural rules of the House of Commons knows that only the government can move its legislation from one stage to another. The opposition cannot do it. If the government does not move debate at second reading, it does not happen.

When the government finally moved debate at second reading, it was debated for a very brief period in the House. All the opposition parties were in agreement to get the bill into committee quickly. The bill went into committee. It only sat in committee for 20 days, and during those 20 days there was the Easter vacation. The committee sent the bill back to the House. It spent one day in the House at report stage and third reading and that is it. That is the bill we wanted to see law.

For reverse onus, it is the same darn thing. We offered twice to fast track the bill. We tried to fast track it by way of an opposition day motion. The Conservatives blocked their own bill.

When the Conservatives appear on camera, when they hold press conferences, when they send out householders and when they target members of the opposition, in particular Liberal members, whether they be Liberals in Manitoba, in Nova Scotia or out in B.C., and say that the Liberals are soft on crime, it is nonsense.

The Conservatives blocked their own agenda, an agenda which was supported by the Liberals. If the age of consent is not 16 today, it is the fault of the Conservative government. It is the fault of every single Conservative member sitting there--

[Monte Solberg, Conservative, Minister of Human Resources and Social Development]

Mr. Speaker, it is a pleasure to rise today and engage in the debate on the Speech from the Throne.

Today I rise wearing a number of hats. I am here today as the Minister of Human Resources and Social Development Canada. I am here as a member of Parliament for Medicine Hat. Also, when we talk about issues of crime and law and order, I think it is appropriate to mention that I am here as a husband and a father, because this is an issue that I think we all feel very acutely and personally.

It is a pleasure, though, to talk today about what was in the Speech from the Throne, first of all wearing my hat as the Minister of Human Resources and Social Development. Yesterday and in the Speech from the Throne read by the Governor General on Tuesday, the Prime Minister talked about the need for the country to finally and forever get serious about the issue of tackling crime and making our communities safer. I would argue that in order to do this an “all of government” approach is required.

I think the Prime Minister has signalled his intention to do exactly that. It was not very long ago in Winnipeg that the Prime Minister and the Minister of Health talked about a national anti-drug strategy designed to steer young people away from drugs but also to ensure that those people who are addicted get the help they need.

I feel that in my portfolio we do a number of things, and I am proud of this, that are designed especially to help young people so that they do not get drawn into a life of crime, which is an easy temptation in neighbourhoods that have broken down and where families are not stable. To that end, we provide a lot of programming aimed at helping youth and in fact targeting youth who in many cases are most likely to get drawn into that kind of situation. We do that through the youth employment strategy.

We have also launched a number of new and very important initiatives. I want to touch on them briefly. We have done things like announcing in the budget new labour market agreements which allow us to work with the provinces so that we reach out to all those individuals who are not eligible for employment insurance, such as people who have been on social assistance, and people who, for whatever reason, have not been able to get into the workforce and need a helping hand from the government. This is a very significant initiative of $3 billion over the next six years. We believe this is an important way to reach out to people who left school early, for instance, and who have struggled to find work, and to give them the helping hand they need to get employment and avoid that life.

We have also announced an apprenticeship incentive grant, which we think will help 100,000 people a year get into the trades. We have doubled the size of the aboriginal skills employment program, which benefits aboriginals around the country, but certainly in the north. I point out that unfortunately we have very high levels of crime on reserve in many parts of the country and certainly north of 60. We have very high levels of violent crime, levels at nine times the national average, for instance, in places like Nunavut.

We believe these initiatives are extraordinarily important in terms of preventing crime and reaching out to people who are vulnerable and ultimately giving them some hope. As the Minister of Human Resources and Social Development, I note that these are some of the new initiatives we have undertaken.

I want to highlight one other initiative that I think is important. I see a member of the opposition across the way with whom I discussed this the other day. This initiative is the homelessness partnering strategy, which is an initiative that we put in place a number of months ago. It is designed to work at a community level, whereby we have communities leading the charge in identifying how we can best help people who find themselves homeless, knowing that the best way to start to give them the help they need is to put a roof over their heads first and, even before that, to prevent homelessness.

We think this can best be done at the community level. This new initiative brings together the federal, provincial and municipal governments and certainly the not for profit organizations that on the ground are the real experts. I am proud of that initiative. I am looking forward to working with local groups to achieve some of the ends I have just discussed.

If I may, I will now change hats and, as a member of Parliament from the riding of Medicine Hat, talk about an issue that is vitally important to Canadians. I come from a rural riding not unlike those of many members in the House. It is a riding chiefly peopled by a lot of middle class Canadians who enjoy relative prosperity, but of course there is a range of incomes in the riding. Nevertheless, despite the fact that these people seem to have a pretty good situation in general, when I tour the riding and go to town hall meetings, as I did this fall, many people raise the issue of crime. They are deeply concerned about crime.

I always argue that I do not think there is a people in the world fairer than Canadians; they are fair to a fault. They believe in fairness. By extension, I believe they also feel very strongly that there must be justice in the country. I think very often they believe that we do not have a very just justice system in Canada today. I want to talk about that for a moment.

As I mentioned, I think we live in a pretty good part of the world, but when one talks to people, whether they are young people who very often themselves are the victims of youth crime, or older people who very often are afraid of the chaos they sometimes find on the streets of their communities in the form of property crime or very aggressive panhandling, or people who are worried about the rapid rise in drug use and ultimately the crime that springs from that, they are concerned.

When people see stories like the one we saw recently regarding a young constable murdered in Hay River, or when they see some of the terrible gun violence on the streets of Toronto at Jane and Finch, they are extraordinarily concerned. They wonder why we do not do more to provide police officers and crown prosecutors with the tools they need in order to bring this problem under control.

I would be extraordinarily remiss if I did not point out that as an opposition member of Parliament I certainly spoke on these issues a number of times over the years, but there are others in this place who have done far more than I to draw attention to this. I think about a couple of members of Parliament on our side who have announced that they will soon be leaving this place. They have announced their retirements. I think of my friend from Calgary Northeast, who chairs the justice committee, and my friend, the member of Parliament for Wild Rose. They both have spoken eloquently in this place for years about the need to provide precisely those tools to crown prosecutors, the RCMP and local police forces so they can do their jobs.

Our government has made this a priority since the time we came to power. We have brought forward a number of measures to attempt to address some of the issues raised by my constituents. In fact we have introduced in this place something like 13 different pieces of legislation dealing with the issues of criminal justice. The sad fact, though, is that unfortunately at almost every turn these initiatives have been thwarted by the opposition.

I have to say that I am simply required by honesty to point out that it is not the people one might suspect who are thwarting a lot these initiatives. Sometimes we have run into problems with the Bloc and the NDP in trying to get these things through, but I can say that overwhelmingly it is the Liberals who are standing in the way of delivering measures that will make Canadians safer. Unfortunately, they do this in one of the most sneaky and underhanded ways possible.

On the one hand, they stand up in this place and talk about the need to address these problems. Then, when the cameras are off, they go into committee, gut individual pieces of legislation and try to send them, hollow, back to this place. If these pieces of legislation do pass, they go to the Senate where the Liberals sit on them to the point where of course ultimately those bills do not go forward.

As a result, we are in a new Parliament. Now we are asking for the authority of this place to go ahead and pursue some of this legislation aggressively so we can do exactly what we told Canadians we would do, which is to bring in legislation and provide tools to the police and crown prosecutors so we can make our streets safe again.

There is not a member of Parliament in this place who is not touched by this every day. I get very frustrated in regard to this issue, because I do not think there is any more important role we have than that of ensuring the protection of the citizens of our country.

The throne speech speaks about this country's commitment to peace, order and good government. I can tell the House that I am never more proud as a member of Parliament than when we do something to protect the most vulnerable in this country. That is exactly what we will be doing if we start to address some of the issues laid out in the Speech from the Throne.

I could best do that by talking a little about some of the pieces of legislation we brought forward in the past that were stymied by the opposition, in particular by the Liberals, and then talk about the need to bring them forward again in a new bill, in the tackling violent crime initiative the Prime Minister spoke of yesterday.

One of the most important pieces of legislation we offered in the last Parliament was Bill C-10. Bill C-10 would provide a mandatory minimum sentence, a mandatory minimum penalty, for firearms offences. In other words, that means there would be a minimum amount of time that someone would have to serve if found guilty of committing a crime with a firearm. It would mean that judges would no longer have the latitude of allowing someone to walk away without serving any time at all. I think that is common sense to the great majority of Canadians.

Sadly, that was never observed in many, many cases. The result is that people ultimately completely lose confidence in the justice system in this country. They start to throw up their hands and say, “What is the point?” After a while, people even quit reporting crimes.

Our Bill C-10 was designed to address some of those concerns. That bill was stalled in committee for 252 days. The bill died after a total of 414 calendar days before Parliament. In other words, we brought that bill forward, the public was with us, and the opposition spoke in favour of these types of initiatives during the election campaign, but when the rubber met the road, when members of the opposition had a chance to do something to protect Canadians, they stood in front of us and blocked our way.

They should be ashamed of that, because there is not a member across the way who does not have people coming into his or her office every week and complaining about the crime they read about, hear about or experience. They want something done, but it never happens because members of the opposition stand in the way. They stood in the way of it when they were in government for 13 years. Now it is time to start to deal with it.

Another bill we brought forward was the reverse onus on bail for firearms offences, Bill C-35. It was stalled in committee for 64 days. The bill died after a total of 211 days before Parliament.

What does this mean? What does the bill do? The bill ensures that persons accused of a gun crime have to show why they should not be kept in jail while awaiting trial. That would apply to people who are accused of using a firearm to commit certain offences, including attempted murder or discharging a firearm with a criminal intent, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery, and extortion.

When those people are accused of those crimes, we are simply asking that they demonstrate why they should be allowed bail. The onus would be reversed. If we think about what is at stake, I do not think that is too much to ask. What is at stake is the safety of ordinary men, women and children in this country who want nothing more than to go about their lives and pursue whatever it is that pleases them.

However, again we were stymied in our attempt to bring forward this common sense legislation that was supported by the Premier of Ontario and the mayor of Toronto, jurisdictions where all too often they see the results of laws that do not adequately address the problems of crime.

Another bill that we are anxious to bring forward is Bill C-27, which deals with the issue of dangerous offenders. This bill was stalled in committee for 105 days and it died after a total of 248 days before Parliament. The bill would create a presumption of dangerousness, so that when an individual has been convicted three or more times of violent sexual crimes, it would be up to that person to prove that he should not be regarded as a dangerous offender.

I honestly do not understand why the opposition would stand in the way of what is, in my mind, very common sense legislation. If we are committed to the ideal of peace, order and good government, we must back it up with legislation and resources. I would argue that the opposition has failed us on that count, irrespective of what it says during election campaigns when it is very popular to appear to be law and order parties.

Another bill that we brought forward dealt with the age of consent, the age of protection, which was tabled in Parliament on June 22, 2006. It was endorsed by the Kids' Internet Safety Alliance and the Canadian Crime Victim Foundation. It was stalled in committee for 175 days and died after a total of 365 days before Parliament. It sought to raise the age of consent from 14 to 16, which to me is such an obvious way to protect the most vulnerable people in our society, children, but again the opposition finds all kinds of odd and strange justifications for not pursuing this.

Where is the conviction that we have an obligation as legislators to protect vulnerable people in this society? This was, I would argue, a common sense initiative that again was thwarted by the opposition.

Finally, I want to talk about Bill C-32, drug impaired driving. It was introduced into the House on November 21, 2006 and referred to the justice committee in February 2007. Despite being endorsed by Mothers Against Drunk Driving, Bill C-32 died after 149 days in committee and the bill died after a total of 213 days before Parliament. The bill would have given the police the tools they need to better detect and investigate drug and alcohol impaired driving and penalties for impaired driving would have been increased. Persons suspected of being impaired by a drug would be required to submit to a roadside sobriety test and, if they failed, to provide a blood or urine sample to confirm whether they had consumed a drug.

I again would remind members how often we read in the newspapers, see on TV and have people come into our offices to talk about the terrible effects of the scourge of drug and alcohol impaired driving. However, when the opposition had an opportunity to help us deal with this and make Canadians safer, it failed us at every turn.

Today I am very proud to speak in favour of the initiatives outlined in the Speech from the Throne and to speak in favour of the justice minister, the public safety minister and the Prime Minister for their unwavering stance in favour of giving police and crown prosecutors more tools. I really do believe it is our duty and our obligation as legislators to ensure we do everything in our power to protect the most vulnerable people in our society.

Justice and Human Rights

[Art Hanger, Conservative, Calgary Northeast, AB]

Mr. Speaker, I have the honour to present, in both official languages, the 17th report of the Standing Committee on Justice and Human Rights.

In accordance with the order of reference of Tuesday, February 6, 2007, the committee has considered Bill C-32, An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts, and as agreed on Tuesday, June 19, 2007, to report it with amendments.

I would like to commend the members of the committee. We sat very late yesterday to conclude this particular debate on Bill C-32 and were successful in bringing it to the House today.

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

Just for clarification, Mr. Ménard says this is consequential to clause 2. But clause 2 was defeated. Is this consequential to the fact that clause 2 is no longer part of Bill C-32?

[The Chair, Conservative, Art Hanger]

I'd like to call the Standing Committee on Justice and Human Rights to order.

I want to thank my colleagues as well as the witnesses for appearing on such short notice to complete our deliberation on clause-by-clause in Bill C-32. It's very much appreciated.

This morning we left off with a completion of our discussion on clause 8. Mr. Bagnell was interrupted because of the time, and I'll just turn to him for a minute or two. I understand he wants to complete his statement.