Bill C-48 (Historical)
An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption
This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.
Rob Nicholson Conservative
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament often publishes better independent summaries.
This enactment makes technical amendments to the corruption and offence-related provisions of the Criminal Code to implement the United Nations Convention against Corruption.
Tackling Violent Crime Act
October 26th, 2007 / 12:35 p.m.
Réal Ménard 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.
Tackling Violent Crime Act
October 26th, 2007 / 12:10 p.m.
Joe Comartin Windsor—Tecumseh, ON
Mr. Speaker, I did not realize we were going to be moving on this quickly, which is a good development because it will move these bills along, as opposed to the government's approach, which has been one of delay.
In that regard, I want to do a quick resumé of what has happened in this Parliament starting in roughly mid-February of 2006, at which time we were faced with a large number of crime bills by the government. I took the opportunity to go through the list of bills that have been dealt with in one form or another.
The list was quite lengthy, starting with Bill C-9, which was a bill on conditional sentencing. That went through both Houses and has royal assent. There was one on the Judges Act, Bill C-17, and it also went through all stages. Another one relating to DNA identification went through all stages. As for Bill C-19 on street racing, a particularly emotional point for the Conservative Party, we got that one through. There was one on criminal interest rates, Bill C-26, and it got through. There was one, Bill C-48, which dealt with international crime syndicates and the need to fight corruption at that level, coming out of the UN, and it got through. The next one, dealing with the illegal recording of movies, went very quickly through the House with all parties cooperating. It never even went to committee.
In addition to that, we have had Bill C-22, which actually is part of Bill C-2, the bill that is before us now, passed at second reading in the Senate. It went through the House all the way to the Senate. We have had Bill C-10, an important bill on mandatory minimums, go through this House and into the Senate, where it was at first reading.
Similarly, Bill C-23 went through this House and got to the Senate, but it is not part of this bill. I am not sure if the government is going to bring that one back or not. On Bill C-35, which was the bill dealing with bail reviews involving alleged gun crimes and the reverse onus being placed, again, it got through all the work in this House and went to the Senate.
The final bill with regard to work that we had done and which was almost through this House was the bill dealing with impaired driving. That had cleared the committee and was coming back to the House. It would have been back in the House if we had not prorogued in the middle part of September.
These are all the bills we have had from the government. The final bill was still in committee and we had just started on it. We had three or four meetings taking witnesses on that bill, which deals with dangerous offenders and amendments to recognizance in the Criminal Code.
In addition, there were at least four to six private members' bills, all of them coming from the Conservative Party interestingly enough, which we dealt with and passed or dealt with in some fashion. One had to be withdrawn. We dealt with those as well.
All of that work was being done at the justice committee, with the exception, and this is really interesting, of two bills that went to special legislative committees. Because the justice committee's workload was so great, we moved them into special committees. However, we worked on those bills and got them through.
All of that is work we have done in a little over 18 months, yet in spite of that, there are two things the government does. It constantly complains about the length of time it takes, in regard to which the Conservatives could have done much better by originally having omnibus bills. I have said that in the House to the point where I am almost sick of hearing it myself, and I am sure everyone else in the House is, but it is the way they should have conducted themselves. Of course, though, because of their political agenda of wanting to highlight each one of these bills, they did not put them together. They finally came to their senses and realized that it is a way of moving bills through the House more rapidly.
However, we did all of that work, and now what we are hearing, which is the second point I want to make about the government, is that the delay is the fault of the opposition. That is absolutely false.
One can see from the length of the list of bills we have had to deal with, plus the private members' bills, plus working on two legislative committees in addition to all the work that we have done at justice, that nobody in the opposition has done any delaying. The delay with regard to the five bills that are incorporated now into Bill C-2 is entirely at the feet of the government. It prorogued and that cost us a month.
It is interesting to note what could have happened in that one month's time. It is my opinion that all three of the bills that were in the Senate would have been through and ready for royal assent, which again is in the hands of the government. If the government had conducted itself with any kind of efficiency, those bills probably would be law today.
The fourth bill, the one dealing with impaired driving, which again is part of Bill C-2, would have come to the House in the middle part of September when we came back. There was not a great deal of debate, and although I and my party have some reservations about it, we in fact would support it.
The bill would have had some debate in the House at report stage and third reading, but it would have been through the House and at least at first reading in the Senate now, perhaps at second reading. It is not beyond the pale to think that the bill also would have cleared the Senate and would have been ready for royal assent.
This bill bothers me. Of all the ones we have, this one bothers me the most because of the conduct of the government in dealing with the individuals, including the police officers and police associations, who lobbied really heavily to get this legislation, and in particular the families and supporters of MADD, Mothers Against Drunk Driving. It bothers me that the government would have misused the loyalty and the support that those groups had given to the bill by leading them to believe that somehow it was the opposition that was holding it up, when in fact it was prorogation. Now there is this tactic of combining that bill with the other bills to actually slow down its passage. Otherwise there is a reasonably good chance it would have been law by now, and if not, it would have been in its final stages at the Senate and it certainly would have been law by the end of the year.
That is much less likely to happen now. It is more likely that this bill will not get final approval and royal assent until well into the spring, no matter what the government tries to do. Quite frankly we will do whatever we can to be cooperative in moving these bills forward.
Our party was quite prepared to have all four of those bills that I have mentioned which form 80% of Bill C-2 back at their original stages, again so they would be law or on the verge of becoming law, that is, receiving royal assent today, as opposed to what is likely to happen now. It is going to be into the new year and maybe well into the spring before these bills become law, assuming of course that the government does not collapse and there is an election, which is another problem.
The government has delayed it, and in addition, it has clearly pushed it back at least until the new year, with the real possibility of an election intervening and a number of these provisions never seeing the light of day until after the election, when we would come back and start the process all over again.
That is reprehensible conduct on the part of the government. The only reason the Conservatives are doing it is so they can stand up in public and say, “We are tough on crime”. They do the macho thing. They beat their chests. They do the King Kong thing as if they are coming out of a jungle. The reality is that the delay is all at their feet.
I am really angry when I think of all the work that so many groups have done, the victims of crime in particular, and now are being misused by the government in such a way.
I am not going to take up much more time but I do want to address the final bill that was at committee. Former Bill C-27 is now part of Bill C-2. It deals with two amendments to the Criminal Code. One would be on the provisions relating to dangerous offenders and the other is with regard to recognizance.
With regard to recognizance, I think I can safely say that all the opposition parties are in support of those provisions. They give additional authority to our judiciary to deal with people who are out in the community on their own recognizance, but we can put additional conditions on them.
The bill provides for things such as requiring them to wear a monitoring device. There is a number of other provisions that would substantially improve security in our communities regarding people who have now been released from charges and who have already served their time. It is a substantial step forward and one that has been needed.
I have said this in the House before, that when I started practising law back in the early 1970s we needed it at that time. Successive governments have tended to shy away from it. Our judiciary has attempted on a number of occasions to introduce these types of control devices, if I could put it that way, in terms of sentencing or conditions imposed on people and it has consistently lost in our courts of appeal. It required legislative intervention. The provision is in this bill and we need to pass that and get it into play so our judges can do a better job of helping protect Canadians, which they want to do.
The other part in this provision, the old Bill C-27 now part of Bill C-2, is with regard to dangerous offenders. We have significant problems with this. Originally when the bill came before the House as Bill C-27, all three opposition parties indicated that on principle they had to vote against it because it has a provision of reverse onus with regard to the dangerous offender.
All of us believe that that part of the bill would suffer a charter challenge that would be successful in striking it down. What I do not think the government has ever understood is that not only would it be struck down, but perhaps the whole dangerous offender section would be struck down. Just as we saw with the security certificates where the Supreme Court said that if it could not be fixed, they were all going down, the same type of thing could happen in a ruling on dangerous offenders. The government has never understood that.
Ultimately, the opposition parties decided that there were perhaps ways of amending this in committee to improve the use of the dangerous offender section, because we know we need to do that, and at the same time make sure that the section was not jeopardized by a successful charter challenge at some point in the future.
We were working on that when we ended in June. We fully expected that was one of the bills for the special legislative committee and that we would be back and working on it in September, that we would complete the witness testimony and improve the bill by way of amendment and if not, then I suppose we would have been faced with a conundrum of whether we could support it or not. That is where we are at this point.
That bill needs significant work in order to be sure that we do not lose the entire dangerous offender section of the Criminal Code. We will be doing that work as soon as we can get the committee up and running again and the bill into the committee.
It is very clear that the government, and I do not say this about the opposition parties, is prepared to play politics with public safety. The Conservatives want to be seen as the champions and they are prepared to take these kinds of manoeuvres of delaying these bills by incorporating them all into Bill C-2 so that they can do that. They want to stand up in the House and in the media and out on the hustings and say “we are the champions of it”, when in fact the truth is just the opposite. They were guilty. They are guilty of delay. The opposition parties are not.
Tackling Violent Crime Act
October 26th, 2007 / 10:35 a.m.
Brian Murphy Moncton—Riverview—Dieppe, NB
Mr. Speaker, on Bill C-2 and justice issues in general, I heard just recently in the House the term “a revolving door”. The only revolving door is the justice minister and officials in the Conservative Party going in and out of press conferences announcing and reannouncing the same bills on which they pulled the plug.
With respect to Bill C-2, I have reviewed all the material. I sat in on all the committee hearings. What I have recently discovered, through obtaining a bill briefing, is a note from the Prime Minister about Bill C-2, in that it regurgitates all the bills we dealt with in the last Parliament. The message from the Prime Minister is that he is sorry that he pulled the plug on Parliament and flushed all the good work of the justice committee down the drain.
That is what happened. All these bills were well on their way. They were going through the due process of Parliament, which followed the rules of parliaments before, and they were on the way to being in effect.
The reason we are here today is that the Prime Minister prorogued Parliament and those bills were killed in their tracks. It is not true that perhaps that is why the Prime Minister prorogued Parliament but I think it is. In fact, I think that is why we have a new session.
I may be new and I may be in the back row but I read the papers and I know what is going on. Parliament was prorogued and all legislation was stopped in its tracks.
What is important to remind ourselves, and the Canadian public will want to know, is that there were 13 bills in the justice dossier and 7 of them were passed and are now the law of Canada.
As a member of the justice committee, I would expect all parties to tell all members of the justice committee that it was a job well done, that seven out of thirteen justice bills that affect the citizens of Canada are now law. Five of those bills are currently the subject of Bill C-2, which I will turn to, and one, mysteriously, of the thirteen bills, the criminal procedure act, which all parties agreed to unanimously, was a creature of a previous Parliament and which all prosecutors are waiting intently for. These prosecutors are the people who are on the front lines, as well as the police officers, in the criminal justice system. I suppose they are wondering why, despite the offer to fast track the bill by this party and despite the unanimous support by the justice committee, Bill C-23 has not been moved up. Perhaps in the government's haste and the revolving door of the press circle and the press club, it forgot to bring along an important bill.
Overall, the 13 bills, the 7 passed and the 1 dropped by an incompetent justice minister and the parliamentary secretary for forgetting that, and the 5 we are about to discuss, all of these bills need to be enforced. Each police officer, prosecutor, probation officer and corrections official, all those people in the system need to know that if there are 13 new laws, 12 because 1 was dropped by the incompetent ministry, but if there are 12 new bills we need to know we have the resources to put them into effect.
It is urgent for the public to know that despite a promise by the government, the law and order government, the tough on crime government, it is toothless without following up on the promise of 2,500 new police officers and the false promise in the Speech from the Throne for 1,000 new RCMP officers when the RCMP cannot recruit 1,000 officers. It is behind in its recruitment. It is a meaningless, toothless promise to the people of Canada but, even worse, it takes away the hope of the Canadian Police Association, the Canadian Association of Police Chiefs, the prosecutors and the probation officers, all the people who must put into effect, on a daily basis, the laws of the justice system.
I want to emphasize that the party on this side of the House is not so fickle. We support our justice system. We support our judges, our prosecutors, and all of the police officers who are responsible for protecting Canadians.
Over the past 18 months, the Liberal Party has undertaken a thorough review of the legislation pertaining to crime while the Conservatives have been busy playing political games. The Prime Minister put an end to this Parliament's activities and committee work, thereby throwing out the amendments that this bill sought to make to five acts. It is his fault that these five acts have not yet been amended.
We on this side of the House have faith in our justice system and are convinced that it will keep the peace in our communities.
I say that because it should be a non-partisan issue that we all believe in a safe community. We are all here as parliamentarians, surely, to ensure that we have a safe community. We may differ on the avenue to get there, but how much did we, the Liberal Party of Canada and its members on the justice committee, really differ from the plan of the Conservative Party in general and, more importantly, in the organic process which is called the development of criminal law through amendments to the Criminal Code?
I say to the House and to the public: not much.
There were 13 bills proposed. Seven passed and there are five in Bill C-2 that we are substantially in agreement on because they would have been law by now had Parliament not been prorogued, and I must say for the record that there is one that has been dropped by the government and that we are also in favour of.
So how is it that we, in trying to keep the community safe, are against the elements in Bill C-2 and the elements in these bills? I will repeat them: Bill C-9, on conditional sentences; Bill C-18, on DNA identification; Bill C-19, on street racing; Bill C-25, on proceeds of crime; Bill C-26, on criminal rate of interest; and just to add two others that were not part of Bill C-2, Bill C-48, on the implementation of a UN convention against corruption, and Bill C-59, on the unauthorized recording of a movie. These have all been supported.
But there is more. I hear members on the opposite side talk about 13 years of inaction with respect to criminal justice and I think the Canadian public would be interested to know that these laws, while continuing on the evolution of our criminal law and making our community safer, are but part of the Criminal Code of Canada.
On the Criminal Code of Canada, I might say this in a moment of non-partisanship and to congratulate a Conservative politician, albeit a dead one.When Prime Minister John Thompson, a Conservative prime minister, was minister of justice he essentially created and adapted the criminal law of Canada into a code that we would follow in this country. I want to get credit for giving plaudits to a Conservative in this place.
A principal part of the Criminal Code of Canada, which we have been talking about since I have been in Parliament, is sentencing. What is sentencing? The purpose and principles of sentencing are set out in section 718. I hear very often in this place and at the revolving door of the press conference centre for the Conservative Party of Canada that there is but one principle in sentencing, that is, to put the bad guys away.
I know this is a novel concept for those who are directing the Conservative justice agenda, but why do we not refer to what the law says about the purpose and principles of sentencing? They are set out in section 718. I am not going to read this word for word because it tends to be bogged down in particularness and assuredness and literal things that, again, the Conservative justice team really knows nothing about, having adopted and written such sloppy legislation that it had to be sent to committee to be fixed.
However, in general, there are six important factors or principles in sentencing. It is the reason we have sentences for people who have committed crimes. One principle is to denounce unlawful conduct. That is the one I hear about most often from the Conservative justice team. That is a valid principle, but it is one of six.
What are the others? One is to deter the offender from doing it again. That is another one I hear a lot about. The point over here is that those two of the six are very important. We are not shirking the importance of those. The law does not say that any one is more important than the other. It is a guidepost to judges who make our law pursuant to what they read here. It is a guidepost to say that we will denounce unlawful conduct. Yes, we will, by bringing in this sentence. We will deter the person or any person in the public from doing it again. They are two very important objectives.
However, that is where the Conservative justice team stops most of the time. The Conservatives forget that they must separate offenders from society when necessary and that they must assist in rehabilitating offenders. This is not to mean that the criminal gets more justice than the victim. What it means is that if there is a chance to rehabilitate an offender before that offender is reintegrated into society, or after, we ought to take that chance. Society is not safer, and let us remember that this safety is the principal goal of all parliamentarians here, by sending a more dangerous person back into the community after his or her sentence is served. It is a very important principle, as important as deterrence and as important as denouncing unlawful conduct.
The fifth aspect is to provide reparations for harm done to victims. That is very key. I will get into speaking about Bill C-9, which was a failed bill and flawed until it was amended at committee by all parties. One of the key aspects of Bill C-9 was to amend it to allow some white collar criminals, for lack of a better term, who had done a very denunciatory offence, which should be deterred, such as acts of stealing money through a breach of trust from someone, say, the option of a conditional sentence. It was to allow them to make reparations and restitution during the term of their sentence when it might mean the difference between an aged person with a stolen RRSP account getting that money back or not.
It gave back discretion to the judge, which he or she had in the first place, and it was a very necessary amendment to a flawed and hasty bill to make sure that this principle of sentencing, that is, to provide reparation for harm done to victims, was put in place. It was made better law by the intervention of the committee.
The final principle is to promote a sense of responsibility in offenders, an acknowledgement of the harm done to victims and to the community. What that is about is making sure that these offenders are not so divorced from the community in which they live, so that they know when they have done wrong that they have a responsibility to that community to be remorseful, to make amends and, I think very importantly, to reintegrate into that community if possible. We should never forget that.
The overall principle, and it is written as the fundamental principle in section 718.1 of the code, is that of the proportionality, of the gravity of the offence and the degree of responsibility of the offender. This is a very important principle, which judges rely on all the time.
I hear members speak about 13 years of Liberal inactivity. Actually I was not here for any of those 13 years. I was on the outside looking at all of the criminal justice bills that had been brought in during that time. I remember that it was a Liberal minister of justice who brought in the whole concept of mandatory minimums, which at the revolving door of the Conservatives' press circle was as if it was invented by them. I wonder if they invented the laws of gravity and found the North American continent. I suspect not, Mr. Speaker, and I do not suppose you could answer objectively if they say they have somewhere else, but I am not sure that they would not stand here and say that they have.
They did not invent mandatory minimums. The other sentencing principles in section 718.2 were brought in, in successive Liberal governments, by amendments in 1995, 1997, 2000, 2001 and 2005. All of those amendments in section 718.2 were brought in to recognize the changing nature of our society and to allow judges for the first time in the history of the Criminal Code to take into account these factors when sentencing, either in increasing or in decreasing the sentences, and I am very proud of that.
These factors include evidence that the offence was motivated by bias, prejudice or hate. It is the first time that it was codified that a judge should take into account hate crimes when sentencing. For any crimes committed based on someone's ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation and other factors, is it not correct, right and fair in this society that those sentences were brought in and that judges should be told to take into account those factors in section 718.2, or whether the violence was against a spouse or common law partner?
Is it not important, for instance, that a judge be given that discretion to increase a sentence if the crime was against a spouse or a common law partner, or if the crime was done to a person of tender years under the age of 18? Is it not important that this be taken into account?
Is it not important, as it says in subparagraph 718.2(a)(iii), whether or not the person who committed the crime “abused a position of trust or authority”, or also whether the person was a member of a criminal organization, or that the offence was a terrorism offence?
All of these factors were in judges' hands before 2005. These were not invented by the Newtons over there in the last 18 months. They were there, it was Liberal legislation, and I presume it had all party support because it makes such sense.
Finally, in the principles of sentencing categories, paragraph 718.2(e) has the all important factor of recognizing that if an offender is of aboriginal origin or from a first nations community special circumstances should be put in place. We found during much of the deliberation at committee that this sentencing principle was often ignored.
I look at the amendments in place with respect to Bill C-10 and Bill C-9. It is a particular affront to this established sentencing principle, and it seems to have been completely forgotten by the Conservative government, that these two important sections of the code had existed before the Conservative government took place and certainly will exist when it moves on into the sunset.
About the laws in Bill C-2 and why it is so easy on this side for us to say we support the bill, it is important to remember that we on this side, and the members of the justice committee from the New Democratic Party and the Bloc Québécois will vouch for this, and the members of the justice committee had made Bill C-10 and the mandatory minimum aspect a better bill when it left committee. Arrogantly, and without respect for the work of the all party committee, the Conservative justice team, coming yet again from the revolving door of the press club, suggested that it would put in at report stage the entire bill as it was before.
However, over the summer I think the Conservatives had blueberry festivals and strawberry festivals and must have eaten some humble pie at some festival, as they decided that they would accept the amendments as they came from the committee, reintroducing Bill C-2 with the Bill C-10 amendments to make our community a better place and enlarge upon the mandatory minimums that were already in place under the Liberal justice program before the Conservatives took office.
The other bill that needs clarification on why it is an acceptable bill now, and why it was never acceptable when the amateur Conservative justice team brought the topic up before, is Bill C-22, the age of consent bill.
I have heard well-meaning, honest and forthright members of the House, such as the member for Wild Rose, say that he and his colleagues could never get an age of consent or age of protection bill through the Commons. I was disturbed by that. I asked why we would not protect our young persons. Why would we not get in line with many of the communities around the world which recognize that consent may not be freely given by a 14 year old when the world has become smaller and the age of the predator is upon us?
I looked into it. There were two very fundamental flaws with all bills that were presented as part of a justice package by an opposition entitled the Conservative opposition. They are as follows.
There was absolutely no close in age exemption. This bill, Bill C-22, contains a close in age exemption, making it flexible enough to recognize that not every relationship that is separated by a number of years is a relationship between an innocent young child and a sexual predator.
Finally, as I wrap up, age of consent as presented previously would have criminalized normal adolescent sexual activity which, whether the Conservatives like it or not, is out there, and 14 year olds and 15 year olds having relations are protected by this. It does prevent sexual predators from preying on the young. It is good legislation.
In summary, the five bills in Bill C-2 are good law because the committee made them so. I encourage the Conservative justice team, the Prime Minister and all Conservatives out there to watch what they write, to watch what they present to Parliament, and to not keep going through that revolving door called the press circle to give press releases without having done their homework to ensure that they are passing good laws which will make Canada safer.
Tackling Violent Crime Act
October 26th, 2007 / 10:05 a.m.
Rob Moore 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.
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.
June 11th, 2007 / 4:55 p.m.
Paule Brunelle Trois-Rivières, QC
Ms. Potvin, last year, the combined net profit of Canada's six major oil companies was $12 billion, an increase of $5 billion over 2004. That is a 70% increase in net profit, a very large amount.
With the passage of Bill C-48, tax revenues paid to the federal government dropped, and will continue to drop over the next few years.
What sort of loss does that represent for the government? What impact has this legislation had on the federal government's tax revenues? Are we giving a large present to the oil companies? In my view, they don't really seem to need it. Why should they have paid less tax over the past three years and why should they pay less tax in the future?
Extension of Sitting Hours
June 11th, 2007 / 4:30 p.m.
Laurie Hawn Edmonton Centre, AB
Mr. Speaker, I listened with interest to the member say that from April 23 to May 4 we did not discuss anything of consequence in the House. I guess that includes the four opposition days, which she must consider inconsequential. I guess that includes Bills C-40, C-43, C-48, C-10, C-22, democratic reform bills, finance bills, Criminal Code bills, two justice bills. I guess in the hon. member's opinion none of these are consequential.
All those things are pretty consequential to the constituents in my riding who care about Senate reform, safe streets and finance bills. They are very important. Does the hon. member truly considers those things inconsequential?
May 31st, 2007 / 1:55 p.m.
The Deputy Speaker Bill Blaikie
I have the honour to inform the House that a communication has been received as follows:
May 31, 2007
I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 31st day of May, 2007, at 9:05 a.m.
The Secretary to the Governor General and Herald Chancellor
The schedule indicates the bills assented to were Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment)—Chapter 12, Bill C-48, An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption—Chapter 13 and Bill C-252, An Act to amend the Divorce Act (access for spouse who is terminally ill or in critical condition)—Chapter 14.
Business of the House
May 17th, 2007 / 3:10 p.m.
Peter Van Loan York—Simcoe, ON
I would not do that.
Tomorrow is an allotted day.
Next week is constituent consultation week, when the House will be adjourned to allow members to return to their ridings and meet with constituents to share with them the activities of Parliament since the last constituency break.
For the interest of members, I will quickly review our plan for the context of our overall legislative agenda.
As he requested, this is currently strengthening the economy week, where a number of financial bills moved forward. The budget bill was sent to committee and, hopefully, it will be reported back tomorrow, or soon, so we can deal with it at third reading when the House returns after the break.
Bill C-40, an act to amend the Excise Tax Act, was read a third time and sent to the Senate. Bill C-53, an act to implement the convention on the settlement of investment disputes, Bill C-33, the sales tax bill and Bill C-47, the Olympics symbol bill were all sent to committee and we all would like to see those back in the House for report stage and third reading.
In an earlier week, Bill C-36, the bill that makes changes to the Canada pension plan and the Old Age Security Act, was made into law after receiving royal assent.
Strengthening accountability through democratic reform week was a success with the consideration of Bill C-43, Senate consultation. We had three new democratic reform bills introduced that week: Bill C-55, to expand voting opportunities; Bill C-56, an act to amend the Constitution Act, democratic representation; and Bill C-54, a bill that would bring accountability with respect to loans. We hope to continue debate on that particular bill later today.
Bill C-16, fixed dates for elections, was given royal assent and is now law, which I think is the cause of the commotion now in all the committees where Liberals are using procedural tactics. Now they feel they can do it with a free hand.
Two other democratic reform bills are in the Senate, Bill C-31, voter integrity, and Bill S-4, Senate tenure. I really would like to have the term limits bill from the Senate for an upcoming democratic reform week if the opposition House leader can persuade his colleagues in the Senate to finally deal with that bill after 352 days. We may get 352 seconds in a filibuster, but they have had 352 days so far. They have been stalling for a year.
During the consultation week, I will be interested in hearing what our constituents think of the plight of Bill S-4 and the irony of those unaccountable senators delaying it.
We dedicated a good deal of our time focusing on making our streets and communities safer by cracking down on crime. Now that we have had the help of the NDP, we restored the meaningful aspects that the Liberals gutted in committee to Bill C-10, the bill to introduce mandatory penalties for violent and gun crimes. We are continuing to debate that bill today at third reading.
Bill C-48, the bill dealing with the United Nations convention on corruption, was adopted at all stages.
Bill C-26, the bill to amend the Criminal Code with respect to interest rates, was given royal assent.
Bill C-22, the age of protection, was given final reading and sent to the Senate, although it did spend close to, if not in excess of, 200 days in committee where the Liberals were obstructing and delaying its passage.
We made progress on Bill C-27, the dangerous offenders legislation. We would like to see that back in the House.
Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment) and a host of other justice bills are working their way through the system.
Members can advise their constituents that when we return, we will be reviving two themes, back by popular demand. Beginning May 28, we will begin again with strengthening accountability through democratic reform with: Bill C-54, political loans; Bill C-55, additional opportunities for voting; and Bill C-56, democratic representation.
Up next is a second go-round on strengthening the economy week with Bill C-52, the budget implementation bill, which will be called as soon as it is reported back from committee.
In the near future, we will have the improvement of aboriginal people quality of life week with Bill C-44. This bill will grant first nations residing on Indian reserves access to the Canadian charter of human rights. They have been denied this right for 30 years. Unfortunately, Bill C-44 is being delayed by the opposition. This is another bill being delayed by the opposition in committee.
After Bill C-44, I intend to debate Bill C-51. The agreement establishes the use and ownership of land and resources and will foster economic development. This bill illustrates Canada's commitment to the North and to settling land claims.
I wish all members a productive constituent consultation week and look forward to more progress on the government's legislative agenda when the House returns on May 28.
The House proceeded to the consideration of Bill C-48, An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption.
Business of the House
April 26th, 2007 / 3 p.m.
Peter Van Loan Leader of the Government in the House of Commons and Minister for Democratic Reform
Mr. Speaker, today we will continue debate on an opposition motion.
On Friday, we will resume debate at second reading of Bill C-43, the senate consultations bill. That is the bill to strengthen accountability and democracy by giving Canadians a say on who they want representing them in the Senate.
Next week we will focus on making our streets and communities safer by cracking down on crime. It will actually kick off tonight with the Prime Minister's address to the annual police appreciation night in York region where I live. Getting tough on criminals is the best way parliamentarians can show our appreciation for those brave men and women who put their lives in danger every day while protecting and serving their communities.
Our plan for next week's focus in cracking down on crime will begin with Bill C-48, the bill dealing with the United Nations Convention Against Corruption. There will hopefully be an agreement to pass that bill at all stages.
Following Bill C-48, we will consider Bill C-10. That is the bill to introduce mandatory minimum penalties for gun and violent crimes. Our government will be proposing amendments at report stage to restore the meaningful aspects of the bill to ensure that violent criminals actually serve time in jail, all of which was gutted by the Liberals in committee.
Bill C-22, the age of protection bill, was reported back from committee and will be considered at report stage and third reading.
Following Bill C-22, we will move on to Bill C-27, the dangerous offenders legislation, which would require criminals who are convicted, for example on three separate occasions of a violent sexual assault, to prove to the court why they would not a danger to the community.
Tuesday, May 1 shall be an allotted day.
If time permits, we will seek to call Bill C-52, the budget implementation bill.
With regard to the question on the environment, our government is taking action on the environment. Later today he can look forward to seeing a cornerstone step in taking action to reduce greenhouse gases with the environment minister's announcement, action that has never been taken by another government and more action than any government in the world is taking.
March 28th, 2007 / 4:25 p.m.
Nathan Cullen Skeena—Bulkley Valley, BC
Thank you, Chair. The concern is well heard.
What this amendment is directed to is that in the previous year, the very specific retrofit program for low-income families was cancelled, the reasons for which ministers have come before this committee and others to make their arguments.
Appreciating the chair's caution in terms of the royal recommendation required, what we're encouraging the government to do is.... A lot of this came out of Bill C-48 money, the budget that was rewritten in the previous Parliament, which was then spent by the previous government and then this one. The government ended up cancelling that program.
This was a forum and a format for us to reintroduce the concept to the government and talk about the need and the urgency for it: that we have many families seeking to have these retrofits done but are unable to do it by their own means because by definition they're in a lower-income category; that the minister has the power to spend this money and money is available; that this retrofitting program is being disbursed by the minister, but the specific targeted one that addressed the needs of low-income families was removed, for decisions we won't debate here today.
In the discussion around Bill C-30, we know the government has the power to reintroduce this, has the power to spend this money and make this happen for Canadians whom we are all hearing from, who are seeking to be involved in not only just reducing Canada's greenhouse gas emissions, but also reducing the cost of running their households.
While we'll take the obvious consideration of the chair in terms of the royal recommendation requirements, it should be noted and on the record that the minister has the power to do this, has the money available, and requires no other act of Parliament to do it. It's at their disposal right now. Having cancelled the program, this is an encouragement for them to reconsider that choice and bring it back.
March 27th, 2007 / 9:45 a.m.
Alexa McDonough Halifax, NS
Thank you, Mr. Chair.
Thank you, Madam Minister, for being here. I probably have a hundred questions just arising out of what you said or didn't say. I'll try to get in three or, if I'm lucky, four.
I'm sure you're very aware of the exceptional vulnerability of persons in developing countries—particularly in Africa, but some others as well—to the combined impact of climate change and dire poverty, with horrendous disasters to people's lives individually and to communities. Yet in the most recent budget with respect to overseas development aid, with respect to international obligations, there wasn't a single mention of environment.
I want to ask you what the government's current upcoming budget commitment is to the continuation of the Canadian climate change development fund, which not only is desperately needed in developing countries, particularly in Africa, but is also something that is part of our Kyoto obligations, which we're not living up to.
Second, with respect to aid to Palestine, there is a desperate humanitarian crisis in Palestine with respect to poverty and disease. I want to know what the new national unity government situation presents in the way of an opening for the Canadian government to begin to recognize that the services and programs needed by the people of Palestine ought to be delivered through that new unity government. And will you, Madam Minister, be pressing for a change in directing our aid through that new unity government?
Third, with respect to Afghanistan, I have to say that I find it deeply distressing that almost always at the very top of the government's brag sheet about what it's doing in Afghanistan is the assertion—and they were the first words that came out of your mouth again today when you talked about Afghanistan—bragging that the single largest recipient of Canadian development assistance is Afghanistan. Of course, what you never say is that the level of our ODA in the world is at such an appallingly low level that this is almost a meaningless assertion.
In the Bill C-48, add-on funds that came from the NDP demand to the former Liberal government, there were some infusions of new dollars. But when you look at where we are with ODA today, if I'm not mistaken, as a result of this budget we're going backwards on our ODA level of contribution.
Because the Global Fund infusion was a one-time infusion, the fact is that it wasn't built into the base. I'm not sure of the absolute accuracy of this, but it has been estimated that, given the tiny baby steps we've been making to move towards our 0.7% minimum commitment, with this budget it would require an infusion of $600 million more to even maintain the level of ODA from last year—in other words, 0.34%.
What, from your point of view, is this year's level of ODA commitment as a result of this budget, and what is it projected to be over the next three years?
Finally, specifically with respect to TB and malaria funding, I think you'd be well aware of the horrendous numbers of deaths that are resulting from TB and malaria, particularly because of the co-infection implications, and that TB prevention and control and treatment is really one of the most cost-effective investments we can make to save lives in Africa. TB kills 600,000 people every year, and of course TB is the leading killer of people living with HIV/AIDs.
What I want to know is whether, in this budget, there is in fact a planned increase in spending, because I think what we've seen is flat-lining in the spending on TB and malaria programs, which means our investment in HIV/AIDS programs is actually far less effective than it could be.
Those are my four questions. I'm sorry there's not a lot more time for us to pursue other questions.
March 27th, 2007 / 9:30 a.m.
Gregory Graham Vice-President, Human Resources and Corporate Services Branch, Canadian International Development Agency
The estimates indicate that our planned spending for programming against hunger, malnutrition, and disease is actually declining by approximately $181 million across the various program activities through which that program is administered.
As Madame Vincent mentioned a moment ago, Bill C-48 allowed us to spend about $125 million last October, an amount that was paid to the Global Fund to Fight AIDS, Tuberculosis and Malaria. That $125 million payment was expected originally to be dispersed in fiscal year 2007-08. Now that the payment has already been made, we can reallocate money from that particular program and reinvest it in other programs.
I think the level of effort over a period of a couple of years will be steady, and again, we've been able to reallocate funds to meet other pressing financial priorities confronting the agency.
March 27th, 2007 / 9:25 a.m.
Diane Vincent Executive Vice-President, Canadian International Development Agency
As the minister has just said, we have, this year, changed the way in which our expenditures are expressed. The layout highlights those who benefit from our contributions, namely, the partner countries, by concentration and category, countries in crisis, regions, multilateral institutions and Canadian partners. This is a transition year which makes it difficult to establish a connection. This new structure will provide us with a better indication of results as they apply to the development aid recipients.
You indicated that there appear to be major changes to certain categories. There are two reasons to explain that. First, this year's budget provides less direct emergency food aid but more humanitarian aid. The amounts are lower in some categories, while they are higher in others.
The second reason is that, with Bill C-48, we can make investments in some areas, including the Global Fund to Fight Aids, turberculosis and malaria. These investments represent $125 million taken from the end-of-year budgets. Since these amounts had already been provided for in Bill C-48, we were able to transfer expenditures to other categories in our regular budget.
This helped to reduce our regular budget. In other words, we had already invested these amounts at the end of the fiscal year, as per Bill C-48. If you would like more details, I could ask our—
March 22nd, 2007 / 10:05 a.m.
Rob Nicholson Minister of Justice and Attorney General of Canada
moved for leave to introduce Bill C-48, An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption.
(Motions deemed adopted, bill read the first time and printed)