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.

Sponsor

Rob Nicholson  Conservative

Status

Second reading (Senate), as of June 5, 2007
(This bill did not become law.)

Summary

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

This enactment amends the 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.

Similar bills

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from 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:

C-35 (2022) Law Canada Early Learning and Child Care Act
C-35 (2021) Canada Disability Benefit Act
C-35 (2016) Law Appropriation Act No. 4, 2016-17
C-35 (2014) Law Justice for Animals in Service Act (Quanto's Law)
C-35 (2012) Law Appropriation Act No. 1, 2012-13
C-35 (2010) Law An Act to amend the Immigration and Refugee Protection Act

Votes

March 27, 2007 Passed That the Bill be now read a second time and referred to a legislative committee.

Criminal CodeGovernment Orders

March 23rd, 2007 / 12:20 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, I was talking about the hypocrisy of this Conservative government, which is claiming to table this bill in the name of preventing crime and specifically crimes committed with firearms. In the meantime, it wants to dismantle the firearms registry and it refuses to have stricter gun control.

To me it would be more logical to have an effective firearms registry and legislation prohibiting the possession of certain firearms—as the police are asking for. In fact, it would be much more effective to prevent the crimes than to reverse the onus of proof once the crimes are committed.

There is another aberration by this government which clearly shows that it is not serious about prevention. Most members in this House are probably faced with this situation in their ridings: currently, programs from the crime prevention research centre are on hold. Everywhere, community organizations working to promote crime prevention are waiting for the minister's signature to launch their projects. In my riding, Tandem, which is an organization that fights crime—by promoting prevention—is waiting for the minister's signature. Other organizations, such as Chantier d'Afrique, are also waiting.

If the government were serious, it would invest money and approve these projects, so that we can move forward in the area of prevention. It would also maintain the firearms program.

In this regard, I would like to quote some relevant figures that the Conservatives would rather not mention. These figures show that the gun registry works. Currently, 7.1 million firearms are registered. All the information gathered is far from being negligible.

Moreover, 90% of these guns are hunting rifles. Every day, the register is consulted an average of 6,500 times. Since December 1st 1998, a total of 1,154,722 guns have been exported, destroyed, neutralized or withdrawn from the Canadian information system, thus reducing by that much the risk of guns being used.

Experts are very skeptical about the effectiveness of the government's proposed measures to fight gun violence.

First, the bail system has not been the subject of as many studies as other aspects of the criminal justice system have. There may not be an answer for even the most simple questions, such as: how many individuals charged with committing a crime involving firearms are currently out on bail? This is a process that remains unknown, because it has yet to be the subject of empirical research.

According to Alan Young, a criminal law professor at York University's Osgoode Hall Law School, in Toronto, the reverse onus proposed by the Conservatives is a “complete shot in the dark”, because we do not even know if the current system is effective or not. The information is too fragmented to know the rate of recidivism or compliance, following court orders.

The need for this bill is dubious to say the least. The Prime Minister claims that 40% of offences involving firearms are committed by individuals out on bail. The Prime Minister quoted a police report which shows that, out of about 1,000 crimes involving guns or restricted weapons, some 40% may have been committed by individuals who were on parole, bail, probation or temporary absence.

However, according to Tony Doob, a criminologist at the University of Toronto, these statistics do not tell the whole story, since someone could be released on bail as a result of simple theft, a situation Bill C-35 does not address.

In addition, people accused of offences involving firearms are already faced with something like reverse onus. The question is whether the bill will make it possible to imprison a dangerous person who would not otherwise have been incarcerated.

Mr. Doob also said that Canada is not particularly lenient when it comes to releasing someone on bail. This is especially interesting since the Conservatives give the impression that this is a big threat, while the numbers do not seem to confirm that the system is lax when it comes to releasing people on bail. Statistics on incarcerations consistently show that there are more people behind bars awaiting trial than people serving sentences. I think this is worth repeating. Statistics on incarcerations consistently show that there are more people behind bars awaiting trial than people serving sentences. So we can believe that the current system does not disproportionately release people on bail.

In support of the point I have just made twice, I will add that according to Statistics Canada, in 2004, there were 125,871 Canadians in prison awaiting trial, while 83,733 people behind bars were serving court-ordered sentences.

I would also like to quote Louise Botham, president of the Criminal Lawyers Association. According to her, the court is already very careful in how it awards release on bail. She also wonders about how the bill before us will serve as a deterrent.

Studies show that mandatory minimum sentences have no deterrent effect on crime. I don't know why a reverse onus would.

It seems quite a stretch to state or to believe that a criminal on the verge of committing a crime with a firearm will say to himself, at the very last minute, that he will not do it because of bail conditions or because of the reverse onus of proof. That is not at all what goes through a criminal's mind when he is about to commit a crime.

In the United States, incarcerating an individual in order to prevent a crime is known as the incapacitation effect. At least one study suggests that hiring more police officers is a more effective use of taxpayers' money than incarcerating individuals.

Thus, the Conservative government, true unto itself, is improvising again in matters of justice. As is too often the case, it is legislating without really knowing what it is doing because it does not have any serious studies to guide its actions.

Its measures, which may seem appealing at first glance, challenge fundamental legal rights and principles without ascertaining beforehand whether or not these measures have real benefits in terms of safety. Nevertheless, we do know that some measures—measures that the Conservative government is not implementing—would have real safety benefits. As I already mentioned, the first is maintaining the firearms registry. We know it works and that it helps police officers to do their jobs. The government proposes to dismantle it.

The other measure consists of the crime prevention programs that I described earlier. All my colleagues have been through this. We are waiting for the Minister of Public Safety to make the money available. We do not need a bill requiring three readings and debates in committee and in the House for that. We only need the Minister of Public Safety to sign the authorizations for this money to go to community groups that are very good at preventing crime. It would be much more logical for the government to take that approach than the one in this bill.

Criminal CodeGovernment Orders

March 23rd, 2007 / 12:30 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I would like to ask questions on two topics relating to the speaker's comments.

My first question is related to crime prevention. The member knows that the aboriginal justice strategy does great work with respect to alternative sentencing, but it almost expired. The government let it go until a couple of weeks before it was to expire. Staff were being laid off. During the budget, the government put it in for only two more years.

I would like to ask the member if he agrees with me that the government should make this a permanent program and give it long term funding so it can do its planning?

My colleague said the government had no serious studies on its crime strategy, which is true. The department did not recommend some of the bills it brought forward. There are serious studies and many of them were brought before committee. The member mentioned one of the persons due to appear at committee.

They have all suggested that the alternative sentencing proposals and the minimum sentences would make Canada a more dangerous place. This should not be done. These proposals would take training away from criminals and put them in the wrong scenario. They would not be able to get the treatment they need. They would be put with hardened criminals. These proposals would not work and would make Canada more dangerous.

I would like the member to comment on that.

Criminal CodeGovernment Orders

March 23rd, 2007 / 12:30 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, I think we all agree that in matters of justice, the government clearly does know where it is going. It is absolutely illogical on one hand to make firearms more accessible and on the other to make the rules of evidence more strict and constraining for the accused. That does not make sense. The government is taking the problem by the wrong end.

My colleague talked about the first nations programs. There, too, the government does not seem to know where it is going. It is managing justice matters without a plan; I would even be tempted to say on a day by day basis. It may very well put forward measures that seem attractive and popular but they are inappropriate. The government should go back to the drawing board.

It is not enough to say we are for law and order and tough on crime. That is not what must be done. The government must do its work well and cooperate with experts who know the field. To achieve a real reduction in crime in Canada, effective measures are needed. Obviously, the government does not know where it is going.

Criminal CodeGovernment Orders

March 23rd, 2007 / 12:30 p.m.

Conservative

Ken Epp Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, I am very curious about one of the things which Bloc members and some Liberals sometimes bring up and that is their objection to this reverse onus.

It seems to me that if somebody came up to me, and it has never happened thankfully, and pointed a gun at me and pulled the trigger, and through some providential stroke of luck missed, that person might be guilty of attempted murder. By that very action that individual has already demonstrated that he or she is at least somewhat dangerous. To me there is no doubt about that.

If it were proven in court that the individual was actually guilty, which is the premise in Bill C-35, then it would be up to that individual to somehow come up with evidence proving otherwise. I think it would be virtually impossible to let these individuals out on the street just because they do not think they are dangerous. These people are dangerous.

I think it would take an extraordinary effort on their part to prove they were not dangerous. On the other hand, once a person has done that, how can a crown prosecutor prove that he or she is dangerous if this measure is not enacted? I think there is a bit of a problem here, logically speaking, in terms of objecting to this reverse onus measure.

Criminal CodeGovernment Orders

March 23rd, 2007 / 12:35 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, the problem with my colleague's remarks is that it is not at all what Bill C-35 is about.

The bill is about detention before trial. It has nothing to do with the detention of a person who has been convicted. A person who is convicted is given a sentence and must serve that sentence. We are not questioning that. What we are saying is that to determine if an accused will be detained before the trial, the Crown has to prove that there is good reason to believe that it would be dangerous to let that person out on bail. That is how things are done now. In the example given by my colleague from the Conservative Party, I am pretty much convinced that any court would have concluded that someone who shoots people should probably not be out on bail.

That is how things are done now and it works. We have never heard of a case where it did not work. Therefore, there is no need to reverse the onus before the trial, claiming that what is already in the law is unacceptable. It is already in the law.

Criminal CodeGovernment Orders

March 23rd, 2007 / 12:35 p.m.

Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, my understanding is that reverse onus has been proven legal in a number of circumstances. I believe, and I want him to clarify this for me and he even mentioned it in his speech on this topic this morning, that for organized crime and importation of drugs reverse onus is required. So, it is not the crown which has to prove someone is not a threat to society, but those who are facing the bail hearing have to prove they are not. It does not say that there is not the potential still to get bail but who is responsible for proving that.

Is the member saying to me today that the Bloc believes that potentially individuals who have been charged, but not found guilty, with a firearm related offence does not have the same amount of importance as those who have been charged with an organized crime issue or those charged with the importation of drugs?

Criminal CodeGovernment Orders

March 23rd, 2007 / 12:35 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, the question was not as quick as the member said it would be, but I will try to provide a quick answer.

There is no reason to believe that extending current cases where there is reverse onus is justified. Basically, in our justice system, we believe in the presumption of innocence. This is the basic premise. In certain cases, the onus that is already provided in the law is reversed, but before extending it, we want to have the demonstration that this is necessary.

However, this government has never provided this. No studies support it. This is just an assumption among others, and we are opposed to sacrificing principles of natural justice for an opinion that has no justification.

Criminal CodeGovernment Orders

March 23rd, 2007 / 12:40 p.m.

The Acting Speaker Royal Galipeau

Pursuant to order made earlier today all questions necessary to dispose of the second reading stage of Bill C-35 are deemed put and a recorded division is deemed demanded and deferred until Tuesday, March 27 at the expiry of the time provided for government orders.

(Division deemed demanded and deferred)

The House resumed from March 23 consideration of the motion that Bill C-35, An Act to amend the Criminal Code (reverse onus in bail hearings for firearm-related offences), be read the second time and referred to a committee.

Criminal CodeGovernment Orders

March 27th, 2007 / 5:45 p.m.

The Speaker Peter Milliken

Pursuant to order made on Friday, March 23, 2007, the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-35.

Criminal CodeGovernment Orders

March 27th, 2007 / 5:45 p.m.

Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, I think if you were to seek it, you would find unanimous consent to apply the results of the vote just taken to the motion presently before the House, with Conservative members present this evening voting yes.

Criminal CodeGovernment Orders

March 27th, 2007 / 5:45 p.m.

The Speaker Peter Milliken

Is there unanimous consent to proceed in this way?

Criminal CodeGovernment Orders

March 27th, 2007 / 5:45 p.m.

Some hon. members

Agreed.

Criminal CodeGovernment Orders

March 27th, 2007 / 5:45 p.m.

Liberal

Karen Redman Liberal Kitchener Centre, ON

Mr. Speaker, Liberals will be voting in favour of this bill.

Criminal CodeGovernment Orders

March 27th, 2007 / 5:45 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, members of the Bloc Québécois will vote against this motion. I would ask that you to remove the name of the hon. member for Ahuntsic, who had to leave the precincts of Parliament.