Very fertile.
An Act to amend the Criminal Code (reverse onus in bail hearings for firearm-related offences)
This bill is from the 39th Parliament, 1st session, which ended in October 2007.
This bill is from the 39th Parliament, 1st session, which ended in October 2007.
Rob Nicholson Conservative
Second reading (Senate), as of June 5, 2007
(This bill did not become law.)
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
This enactment amends the Criminal Code to provide that the accused will be required to demonstrate, when charged with certain serious offences involving firearms or other regulated weapons, that pre-trial detention is not justified in their case and to introduce additional factors relating to firearm offences that the courts must take into account in deciding whether an accused should be released or detained pending trial.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-35s:
Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC
Very fertile. You are entirely correct. Well, the Conservatives have a lot of imagination.
To protect the interests of Quebeckers and of the society passed down to us by the people who came before us, the Bloc Québécois will support Bill C-35. We will also be very vigilant when it comes to the advances made by the Conservatives in relation to justice.
Wayne Marston NDP Hamilton East—Stoney Creek, ON
Mr. Speaker, most members understood during the last election campaign that the Canadian public wanted some changes, but Bill C-35, in my opinion, is simply codifying what the justices of our country are doing already. In fact, to some extent, it is window dressing.
One of my concerns is that it is easy to run on a law and order platform, but we cannot lose sight of the fact that rehabilitation is one of the most important avenues of protecting the public, because we know that convicted criminals will one day be back on our streets. I ask the member if he would support the fact that it is essential for our government to make sure that rehabilitation gets equal time in its law and order platform.
Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC
Mr. Speaker, my colleague is entirely correct, punishment will always be bad counsel when it comes to the entire criminal justice system.
When an individual, for whatever reason, has decided to commit a crime, the way to ensure that the person does not commit more crimes is to rehabilitate and supervise him or her. But we must be careful. There are indeed changes, but we must put more into rehabilitation.
When it comes to parole and that entire system, we must ensure that there is as much staff as possible, so that the analyses done are the best they can be. Rather than building prisons to try to set up factories to turn out criminals, if there is no rehabilitation, we must invest the money that is needed in rehabilitation so that the entire parole system has the staff that are needed and is capable of doing the analyses that are called for. We have to avoid putting people back on the streets who should not be there.
This is what we should be tackling, rather than trying to amend the Criminal Code and increase sentences and trying to replace judges by mandating minimum sentences. That will change absolutely nothing. We have to rehabilitate young criminals to try to ensure that they do not stay criminals. As well, we have to ensure that we are not releasing people who should not be released. That is the philosophy that the Bloc Québécois has always argued for and that it will continue to argue for.
Denise Savoie NDP Victoria, BC
Mr. Speaker, I would also like to speak about programs that would help to prevent crime. This bill, as has already been said, does no more than codify already existing practices. This government slashed literacy programs and summer jobs programs. Yet, those are the very programs that would help young people who are vulnerable or at risk. Those programs would help to prevent crime and would convince young people to follow a different path.
I wonder if my colleague could comment on those cuts. The government not only slashed programs that could otherwise have been useful for creating a more inclusive society, but it is refusing to do long-term planning on literacy and it refuses to implement a long-term funding program for literacy.
Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC
Mr. Speaker, I thank my colleague for her question because it allows me to talk about the street gang phenomenon.
Today, the government is attacking the street gang problem with prison sentences, but we must ask why street gangs have developed. It is because young people did not know what to do and the system marginalized them.
These are programs that people tried to establish and that the government has abolished. Afterwards, questions were asked and a range of measures has been proposed, trying to combat street gangs by means of prison sentences, while the real problem of street gangs is that there was poverty on our streets and we did not concern ourselves with our young people.
This social problem was ignored by the Liberal Party and has become worse today with the Conservative Party. We left young people with social problems on the streets of our big cities and, now, we are very surprised to learn that those young people have become criminals.
The young people who lived in our cities told us that they had problems but we did not deal with them. We really need to try to start over, to wipe out the past and make a new beginning. We have to restore support programs for the young people in our big cities.
Réal Ménard Bloc Hochelaga, QC
Mr. Speaker, I would like to congratulate my colleague from Argenteuil—Papineau—Mirabel on his erudition—let us not fear words—and on his willingness to dedicate himself so generously to the work of this House. He never declines an invitation to share his point of view, and I am sure that this is greatly appreciated by all of our colleagues.
Bill C-35 was the subject of much debate in the parliamentary committee. It seems to me that the underlying principle is a good one. The government is seeking to ensure that people who might be a menace to the safety of our fellow citizens cannot be released on bail before trial unless we can be certain that they do not present a danger to society. It is important to understand where Bill C-35 is coming from.
There are various stages in our criminal proceedings: arrest by a peace officer, court appearance, and preliminary hearing. At this stage, a magistrate or justice of the peace—in Quebec, at least—decides whether there is sufficient evidence to allow the Crown to take the matter to trial. So we have arrest, bail hearing, preliminary hearing and, of course, the trial. If the case involves murder or one of the offences set out in section 469 of the Criminal Code, there is a good chance that the trial will be held before a jury of the accused's peers, a group of individuals selected for that purpose.
If the case involves an offence set out in section 553 of Quebec's code, the trial takes place before the criminal and penal division of the Court of Quebec. There too, the stages are familiar: arrest, bail hearing, preliminary hearing, trial and, after that, sentencing submissions. Then, if necessary, a certain number of appeals processes are available.
The Bloc Québécois had some concerns about this bill. What does it say? We should start with the beginning. Under our legal system, bail is generally granted at the hearing stage. In some cases, though, bail cannot be granted by justices of the peace. Only superior court judges, that is to say, judges of the Superior Court of Quebec, can grant pretrial bail to an accused.
This occurs when a person is accused of a crime under section 469 of the Criminal Code. Justices of the peace cannot grant bail when the accused has violated the conditions of release. If a person is on probation, therefore, and is supposed to comply with a certain number of conditions but violates them, he cannot be given bail. For example, if a person is not supposed to be in possession of a firearm but is found with one, that person has failed to comply with one of his conditions of release and cannot be granted bail by a justice of the peace.
When someone is arrested by a police officer, taken before a justice of the peace and charged with an offence related to organized crime, of course, that person cannot be granted bail. For a very long time, all the organized crime related offences were listed in the Criminal Code. Actually it was not the Criminal Code but the Controlled Drugs and Substances Act where all the offences related to the possession of narcotics, drug trafficking, and the exportation and importation of narcotics were listed.
Around 1995, we had an extremely worrisome clash among criminal motorcycle gangs: the Hell’s Angels, the Rock Machine and the Bandidos. There were 35 Hell’s Angels chapters. It is not that there were an awful lot of them—just a few hundred people—but they were obviously very dangerous.
I can recall some conversations I had with senior public servants who thought that the criminal motorcycle gangs could be disbanded using just the existing conspiracy provisions in the Criminal Code. The former Bloc Québécois member for Berthier—Montcalm, who was elevated to the bench because of his great talents and had gone to law school at the University of Ottawa in the 1980s and 1990s, was our justice critic and was as convinced as I that new legislation was needed and some new provisions had to be added to the Criminal Code.
I remind the House that in the 1990s there was one thing that triggered our realization of the need to create new legislation in order to deal with criminal biker gangs. This was of course the car bomb attack that occurred in my area, Hochelaga—Maisonneuve, on August 9, 1995, and that took the life of young Daniel Desrochers. From then on, there was a call by citizens seeking anti-gang legislation. Obviously we could not follow Italy’s example, since Italy did not have to worry about compatibility with the Canadian Charter of Human Rights. In Canada, however, we had to be concerned about compatibility with the Canadian Charter of Human Rights, which—I would point out—was never ratified by the National Assembly when it was patriated in 1982.
I digress here to remind you that René Lévesque, one of the greatest premiers in the history of Quebec—as we all know—was opposed to the unilateral patriation of the Constitution, because he was worried about language rights. There was the possibility of removing whole chunks of Bill 101, one of the first bills that René Lévesque had passed by his government following the adoption of the Referendum Act and, of course, an act on democratic election funding.
So we had to be concerned about the compatibility of the new provisions of the Criminal Code and the Canadian charter, which has never been accepted by the National Assembly because of the incompatibilities regarding language. Of course, with regard to section 27 respecting multiculturalism, there were some very great concerns. In any case, we will recall that René Lévesque became the spokesperson for this long line of premiers who wanted, before the charter was patriated, to give the National Assembly new powers. This was Jean-Jacques Bertrand’s position; it was Robert Bourassa’s position; it was Jean Lesage’s position; it was the position of Quebec’s intellectuals. Even a man like Claude Ryan who, as we know, was not a sovereignist, wanted there to be a new distribution of powers before patriating the Constitution, which was—we agreed—a colonial relic. Of course this was not normal, but it was not a priority.
I do not want to wander too far away—you know my discipline is legendary. Still, I want you to know that it is extremely important to remember that, in the 1990s, the Bloc Québécois rallied in order to obtain anti-gang legislation. The first anti-gang legislation was passed in 1997. We had created a new offence. I mentioned the Canadian charter. But it was not possible to make it a crime to belong to a group.
We cannot say that belonging to the Hells Angels, the Rock Machine, the Bandidos, the mafia or an Asian crime group, that simply belonging to a criminal organization constitutes an offence. This would never pass the Charter test and would not be compatible with the freedom of association. This was the challenge facing the public service and parliamentarians.
I was part of the committee that examined these things to find an offence that would work with the Charter. At the time, a new offence was created: gangsterism. Five individuals having committed an offence punishable by a five-year term, for a criminal organization within the last five years, could be charged with gangsterism.
As unbelievable as it may be, with these provisions, among others, municipalities can play an extremely important role in dismantling organized crime networks. I hope my colleagues will remember this. Municipalities legislated against bunkers. They legislated against fortresses in urban areas. Under municipal bylaws it was not possible to have fortified houses with cameras and bulletproof windows. Believe it or not, this is a good example of the link between federal law, criminal law, and municipal affairs.
If I may digress, one thing that makes a municipality dynamic is festivals. I am sure that the Minister of Labour will agree with me. There is nothing more important than tourism to our communities.
Take the example of Hochelaga-Maisonneuve. It is a working-class neighbourhood with a rich heritage. I could tell you about the botanical garden and the Château Dufresne, the historic middle-class residence. It is important to provide public funding for festivals. I will conclude on this point by wishing all my colleagues a most cordial welcome to Montreal this year and this summer. I hope that the funding that will make it possible for us to spend a beautiful summer with tourists and all of the events we can organize in our communities will materialize. Of course I am counting on all of my colleagues to ensure that this scenario comes to pass.
This is the situation we found ourselves in in the 1990s. Criminal motorcycle gangs were running wild and the public was worried. I and other people persuaded the then justice minister, Allan Rock, to add new provisions to the Criminal Code. Those provisions made it possible for us to end the war that had caused several hundred deaths and claimed an innocent victim, Daniel Desrochers, who died on August 9, 1995.
Thus we can see that the Bloc Québécois has never been unwilling to legislate when it was necessary. The goal of Bill C-35 is to add a number of offences, the seriousness of which we can recognize as a society. I will list them: attempted murder with a firearm, discharging a firearm with intent to wound, armed sexual assault, robbery, aggravated sexual assault, kidnapping, hostage taking, extortion, trafficking, possession for the purposes of trafficking, and any offence involving a firearm if the accused was under a firearms prohibition order.
We have to acknowledge that these offences are in fact serious in terms of criminal law. At the show cause stage, the trial has not yet been held. In Quebec, you appear before the justice of the peace. The accused will have to call evidence, because there is a reverse onus. Reverse onus does exist in the Criminal Code now, as I mentioned, for organized crime, terrorism offences and offences relating to section 469. Reverse onus exists. That does not mean—and we must be very clear on this point—that it will not be possible for the accused to be released.
What it means is that the onus is on the accused, and not the Crown, to prove that he or she is not a threat to society. The judge will then take a number of criteria into consideration.
If the individual is released, the judge must be sure he will appear for trial and will not destroy the evidence, abscond, reoffend or engage in violent behaviour. If the judge is satisfied that all these conditions will be met, in light of the submission by counsel for the accused, the individual can be released. If the judge is not satisfied, the individual—the accused—who will be tried for one of the offences I have mentioned, must remain in custody.
I repeat that this is not the rule in our legal system. As a rule, individuals are released pending trial. Hon. members may remember a famous ruling from early this decade, the Askov ruling, concerning a case in Ontario. The legal system was backlogged at the time.
When the Constitution was repatriated, the National Assembly did not subscribe to the Canadian Charter of Rights and Freedoms. Among the legal guarantees in the charter is the right to be tried within a reasonable time. Waiting for a trial causes anyone anxiety. Waiting for a trial is stressful, and there is also the risk that witnesses' memories will fade. With time, people called to testify could be slightly less accurate in their testimony.
The Bloc Québécois heard the witnesses who testified before the committee, and my colleagues know how reasonable, moderate and cooperative the Bloc is. We ask only to work in the spirit of brotherhood.
I take great personal pride in the fact that I have no enemies in this House. Mr. Speaker, if you were to ask members who consider themselves my enemies to so indicate by a show of hands, I am sure you would see none. I was afraid the member for Jonquière—Alma would raise his hand. That would have made me sad.
The Bloc Québécois will support Bill C-35 because, in committee, witnesses told us that in any event, the general practice at bail hearings for firearm-related offences is for the judge not to release the individual, or grant them bail. The Minister of Justice's bill confirms or recognizes something already being done by judges and the courts.
We do not see why we would be against this bill. A witness from the Council of Criminal Defence Lawyers even told us this was the current practice. There are very few witnesses who oppose the bill, two in fact. A University of Toronto professor, Anthony Doob, opposed the bill, saying there needed to be more focus on prevention. The Canadian Bar Association also voiced some reservations. For the rest, the witnesses were extremely favourable toward the bill.
The Bloc will support this bill since it recognizes a practice the courts have formalized. Of course, that does not mean we are not calling on the government to invest in prevention.
I recently learned that the Prime Minister entrusted, not to the Minister of Health, but to the Minister of Justice, the modernization of the national anti-drug strategy. I hope when the format of this new strategy is known, hopefully a few months from now, that money could be sent to the provinces for prevention, which is still our best defence as a society for living in safer communities.
Since I am running out of time, I will stop here. I want to reiterate my call for money to be allocated to this summer's festivals, more specifically those in Montreal, which is a major tourism centre. I hope my call will be heard.
Criminal CodeGovernment Orders
Criminal CodeGovernment Orders
The Deputy Speaker Bill Blaikie
The question is on the motion. Is it the pleasure of the House to adopt the motion?
Criminal CodeGovernment Orders
The Deputy Speaker Bill Blaikie
I declare the motion carried.
(Motion agreed to, bill read the third time and passed)