Tackling Violent Crime Act

An Act to amend the Criminal Code and to make consequential amendments to other Acts

This bill is from the 39th Parliament, 2nd session, which ended in September 2008.

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now 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 by
(a) creating two new firearm offences and providing escalating mandatory sentences of imprisonment for serious firearm offences;
(b) strengthening the bail provisions for those accused of serious offences involving firearms and other regulated weapons;
(c) providing for more effective sentencing and monitoring of dangerous and high-risk offenders;
(d) introducing a new regime for the detection and investigation of drug impaired driving and strengthening the penalties for impaired driving; and
(e) raising the age of consent for sexual activity from 14 to 16 years.

Similar bills

C-35 (39th Parliament, 1st session) An Act to amend the Criminal Code (reverse onus in bail hearings for firearm-related offences)
C-32 (39th Parliament, 1st session) An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts
C-27 (39th Parliament, 1st session) An Act to amend the Criminal Code (dangerous offenders and recognizance to keep the peace)
C-22 (39th Parliament, 1st session) An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act
C-10 (39th Parliament, 1st session) An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-2s:

C-2 (2021) Law An Act to provide further support in response to COVID-19
C-2 (2020) COVID-19 Economic Recovery Act
C-2 (2019) Law Appropriation Act No. 3, 2019-20
C-2 (2015) Law An Act to amend the Income Tax Act

Votes

Nov. 26, 2007 Passed That Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts, be concurred in at report stage.
Nov. 26, 2007 Failed That Bill C-2 be amended by deleting Clause 42.

Criminal CodePrivate Members' Business

November 13th, 2007 / 6:35 p.m.


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Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Mr. Speaker, as a former breathalyzer technician and police officer, I am particularly interested in this most serious matter.

I am pleased to speak to Bill C-376 which proposes to create a new Criminal Code offence of driving a motor vehicle while having a blood alcohol content level in excess of 50 milligrams of alcohol per 100 millilitres of blood.

It does not propose simply to amend the Criminal Code to lower the blood alcohol content from the current 80 milligrams per 100 millilitres of blood, or .08 as it is commonly referred to.

The bill was debated for one hour in the first session of this Parliament. Every member who spoke to the bill and I am sure every member of the House agreed with the goal to reduce the death toll and injury on our highways caused by impaired drivers.

However, serious concerns regarding the mechanics of the bill, particularly its proposal to create a Criminal Code ticket and whether it would be used by police, were expressed by members.

For many years, law enforcement and prosecutors have complained about the complexities of the current impaired driving laws, the time needed to process the charge, the length of trials and the number of cases that are lost on technicalities. They have not asked for a lower blood alcohol content.

I am pleased that the government has responded to those concerns. Bill C-2, the tackling violent crime act, would simplify procedures and restrict defences to over .08 charges to those that have scientific validity. However, Bill C-2 is not a substitute for a complete review of the impaired driving provisions of the Criminal Code.

As members know, the Criminal Code has two separate and distinct drinking and driving criminal offences. Under section 253(a), it is a crime to drive while one's ability to drive is impaired by alcohol or a drug. Under section 253(b), it is an offence to drive while one's blood alcohol content exceeds .08. The over .08 offence was enacted in 1969, based on a seminal scientific study in Michigan showing that at that level the risk of collision increases exponentially for all drivers, regardless of age, driving experience and drinking experience. The Michigan study has been validated repeatedly.

Recent studies have concentrated on impairment at .05. I believe there is a scientific consensus that indicates a degradation in driving skills and increased risk of accident at that level.

One study concluded that compared with a driver at zero blood alcohol content, a driver at .05 had a 38% greater chance of being involved in a collision. A driver at .06 had a 63% higher risk and a driver at .07 had a 109% higher risk.

To date, Canada has chosen to address the problem of the driver who is over .05 but less than .08 through administrative measures imposed by provinces pursuant to their legislative authority to address licensing matters and matters of the Highway Traffic Act.

All provinces and territories except Quebec already have a roadside suspension for being over .05. I am pleased to say that Quebec has announced that it will soon be introducing a suspension at that level. These suspensions occur without any criminal charge being laid and, therefore, without a trial. They are an immediate and certain road safety measure.

The issue for the House, I submit, therefore, is whether to lower the permissible blood alcohol content to .05 or leave the low blood alcohol content driver to be dealt with by the province, at least until there has been a comprehensive review of impaired driving countermeasures.

The provinces work together through the Canadian Council of Motor Vehicle Transport Administrators or CCMTA, which has a subcommittee on impaired driving. The CCMTA reports to federal, provincial and territorial transport ministers. The CCMTA has endorsed a model of sanctions for driving while being over .05 that would include the recording of violations, longer roadside suspensions, a licence reinstatement fee of $150 to $300 and recording the violation for 10 years so that repeat violators can attract higher sanctions.

If the provinces enact increased sanctions at over .05 level for all drivers as recommended by the CCMTA, Criminal Code sanctions may not be needed. Certainly the provincial administrative sanctions will always be easier to process than a criminal charge. I seriously question whether a police officer faced with—

Criminal CodePrivate Members' Business

November 13th, 2007 / 5:55 p.m.


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Liberal

Roy Cullen Liberal Etobicoke North, ON

Mr. Speaker, I thank the member for Kelowna—Lake Country for bringing this matter before the House of Commons.

All Canadians and all members of the House are concerned about the damage and the havoc that can be created with drinking and driving irresponsibly.

My own view is the bill does not really address the real core issues. It does not address the incidence of the types of accidents caused by chronic drinkers and drivers, those people who drink well in excess of .08. They put their lives and the lives of others in jeopardy by getting behind the wheel of a car. It creates havoc on our roads. These are the people, the repeat offenders, who we should address.

We already have some very good sanctions in place at the provincial and territory level. In nine out of ten provinces it is an offence to drive with a blood alcohol content level of .05 or over. The tenth province, the province of Quebec, announced its intention to introduce similar legislation this fall. The law allows for the immediate roadside suspension for anyone caught with a blood alcohol content level over .05. In Saskatchewan is .04.

The benefit of this approach is the sanctions can be handed out by police immediately without all the time and cost of a court proceeding. To criminalize these offences at the .08 or .05 level is unduly harsh. It will clog up our courts and prosecution. We already know about the dangers and the problems we have with Crown prosecutors plea bargaining because our courts are already filled with people who are committing particularly heinous crimes.

If it were justified, I would support it. However, in my view it is not supportable, given that the real problem is the chronic drinkers, those who reoffend, those who continuously take their lives and the lives of others in their hands.

How many times have we read in the paper about someone who has been charged with drinking and driving and may have been fined extensively. They get back on the road, drink and drive again and are given a slightly harsher penalty. Maybe their driver's licence is suspended. Then they drink and drive again, repeatedly. We need to deal with those people, not the casual drinker.

Every now and then people make a mistake. They might have two or three beers and suddenly find themselves with a criminal charge, which will be with them forever. This may impair their ability to advance in life and become a contributing member of society. I do not think that is warranted in this circumstance.

I am not arguing that drinking and driving irresponsibly is not a very serious matter; it is. That is why the provinces, rightly, have imposed pretty serious restrictions and sanctions at the provincial level.

I should also add that Bill C-2, which is currently before the House, also brings in tougher sanctions for repeat and chronic drinkers who drive. That is the way to deal with it. People who are chronic offenders could be put away for up to 10 years. Those who drink and drive while their licence is suspended should be treated particularly harshly, and Bill C-2 does that.

Bill C-2 also deals with the question of drug impaired driving. This is a reality we are facing as well. Many people today know police can pull people aside and do a breathalyzer test. They have the technology to detect if someone is over .05 or .08.

The reality is the technologies are not there to put in place a regime that recognizes people are taking drugs and driving. In fact, I think we are finding that people of all ages are saying they can beat the rap by having drugs or maybe a mixture of drugs and alcohol.

When the police pull them over, it is easy to tell what their alcohol content is through a breathalyzer, but it is very difficult to determine whether someone has ingested drugs. In fact, they might have had prescription drugs for some illness and given the technologies we have today, it is very difficult to determine whether someone has a prescribed drug or even an over the counter drug, or whether it is a mix of that plus marijuana, some cocaine, crack, heroin or whatever.

Bill C-2 attempts, and I think rightly, to put in a regime that deals with drug impaired drivers, but the reality is it is not a simple matter. We should also focus equal attention on drug impaired driving.

Some in this debate have said that by introducing the legislation before us, Bill C-376, we would be in line with other jurisdictions. With respect to those who said that, the facts say otherwise. A study was done of international drinking and driving laws in 77 comparable jurisdictions, sponsored by the Canada Safety Council, by an independent, respected organization. It found that only eight jurisdictions treat a .05 driving offence as a crime.

The study also has found that in most international jurisdictions a .05 driving is an administrative offence, not a criminal offence. I think the reason for that is for the reasons I outlined. We cannot slap people with criminal records for every crime that is committed otherwise we would be creating a lot havoc within our society.

The member who introduced the bill has the right intention and is motivated for the right reasons. However, I would draw him to the fact that the Canada Safety Council does not support the bill. It says that there is insufficient proof that the bill will have a positive impact on the number of serious accidents. This is a very serious negative evaluation of the bill from an organization that is well qualified and should know what would work and what would not.

While I think the intentions of the bill are good, and we are all concerned about this problem, Bill C-376 takes us in the wrong direction. What we need to focus on is the hard core drinkers, those who continually get in their cars, drink and drive or take drugs and drive. At the provincial level, we have seen a lot of activity with road checks, bringing people over and checking their blood level content. Now with this new regime for drug impaired driving there would be a similar approach.

The way I understand that would work, under Bill C-2, and I know we studied this at the Standing Committee on Justice, is there would be sort of a three-legged test. First, if people are driving in ways that looks like they are driving dangerously, police officers will pull them aside. They will ask them to do a simple test like walk a straight line. If they cannot do that, they will take a sample on-site of their breath or some other sample from their body and that will be checked by a technician. If that proves to be a problem, the sample will be put through a full laboratory test. If those three tests are there, if the person fails those three tests, they will be then charged with drug impaired driving.

That is a positive development in Bill C-2. It is the direction we should go. Our party supports that and also the tougher sanctions for chronic repeat offenders, those who drink and drive repeatedly. Those are the people we need to address.

JusticeOral Questions

October 30th, 2007 / 3 p.m.


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Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, first I want to congratulate the member on his appointment as chair of the legislative committee on Bill C-2, the tackling violent crime legislation. I know he will do an excellent job.

I do not comment on specific cases, but in the last election we made reforming the credit system for pretrial custody one of our commitments to Canadians. We have been busy fighting crime in this country with our tackling violent crime bill. We will introduce legislation reforming the Youth Criminal Justice Act and changing Canada's drug laws. We want to get it all done, but as I always say, when it comes to fighting crime in this country, we are just getting started.

Speech from the ThroneStatements by Members

October 23rd, 2007 / 2:10 p.m.


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Conservative

Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, the Speech from the Throne sets our government's directions for the new session and reflects the concerns of the Quebec nation, including the desire to put a stop to crime and make communities safer.

Bill C-2, which tackles violent crime, includes measures that were examined in depth during the last session: minimum sentences for offences involving firearms; raising the age of consent from 14 to 16; declaration of dangerous offenders; reverse onus in cases of firearm-related offences; and drug-impaired driving.

Why is the Bloc planning to vote against these measures? Luckily, the Bloc does nothing but talk and cannot come to power. It would seem the Bloc would protect criminals rather than honest people.

Resumption of Debate on Address in ReplySpeech from the Throne

October 23rd, 2007 / 10:30 a.m.


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Bloc

Réal Ménard Bloc Hochelaga, QC

Mr. Speaker, unfortunately, what has come across only too well is my hon. colleague's understanding.

I will therefore try to be very clear. First of all, the American states that tried this system of reverse onus later reversed their decision.

Why? Because in matters of justice, when we set out to imprison someone indefinitely—I hope the interpreter will translate this clearly: the result of being declared a dangerous offender is indefinite incarceration—this is not seen as automatic sentencing.

We agree that the Criminal Code should contain provisions for declaring someone a dangerous offender. Now, maybe after just one offence, an individual might have to be declared a dangerous offender. Perhaps three offences are not needed. It is possible, at this time, for a psychiatrist to be called by the Crown in order to testify, after one offence, that the individual should be declared a dangerous offender.

The problem is that, when his colleague, the Minister of Justice, appeared before the parliamentary committee, he was unable to explain to us why the system is not working, why we should modify the system and resort to automatic sentencing after three offences.

We will have the opportunity to listen to the minister again during our work on Bill C-2 and I hope his explanations will be clearer this time than when he first appeared.

Resumption of Debate on Address in ReplySpeech from the Throne

October 23rd, 2007 / 10:30 a.m.


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Bloc

Réal Ménard Bloc Hochelaga, QC

Mr. Speaker, I thank my young colleague. If I am not mistaken, he is the youngest member of Parliament from Quebec. The bill he is referring to concerns dangerous offenders.

For 50 years, the Criminal Code has contained provisions we have not challenged. We agree that some people are extremely violent and present such a high risk of reoffending that they must be declared dangerous offenders. People who are declared dangerous offenders can receive indeterminate prison sentences and are not eligible for parole for seven years.

The problem with the new Bill C-2, has to do with the list of 22 offences. Some of them, such as incest or attempted murder, are very serious, but others such as assault need some explanation. For instance, if my dear colleague and I were to have a fight—it would not last very long—that would constitute assault.

We are not downplaying assault, but we want to know why it is on the list of 22 offences. After an offender has committed three offences on the list, automatic sentencing applies. We question whether this is the right way to assess how dangerous an offender is.

This does not mean that we will vote against the bill, no more than it means we will vote in favour of the bill. What it means is that we have some serious work ahead of us, in committee.

Resumption of Debate on Address in ReplySpeech from the Throne

October 23rd, 2007 / 10:20 a.m.


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Bloc

Réal Ménard Bloc Hochelaga, QC

Mr. Speaker, I would like to take this opportunity to wish you and your team a good session, and to welcome the new pages as they start their new jobs.

No one will be surprised if I speak specifically about justice. Overall, the Bloc Québécois was disappointed in the throne speech. Our leader, the member for Laurier—Sainte-Marie, clearly indicated our conditions and expectations.

We also spoke about the Kyoto protocol. We clearly wanted the government to confirm that it would follow through with the commitment we made when Kyoto was signed: to bring greenhouse gases down to their 1990 levels and then reduce them further still. We do not have a green government—this we know. This government is very irresponsible when it comes to the environment, and the member for Rosemont—La Petite-Patrie has had many opportunities to speak about this.

We would also have liked the government to agree with the views of many important representatives of civil society and our fellow citizens, that Canada's mission in Afghanistan must end in 2009. Since the beginning of the mission we have been critical of the fact that there has not been a satisfactory balance of development assistance, international cooperation and military objectives.

Obviously we hope that attention will be focused on the entire question of forestry and the manufacturing sector. We know what hard times those sectors have experienced. Certainly we hope that supply management will also be discussed, for it is an extremely important issue in rural communities. And we hope that the government will eliminate the spending power in relation to matters under provincial jurisdiction. There have been calls for this for 50 years, and the Bloc Québécois is certainly not going to be satisfied with the government’s dishonest subterfuge.

With that introduction, we must now talk about the justice system. First, what an exercise in cosmetics this is, what an exercise in stage management! Watching the press conference given by the Minister of Justice, his colleague the Minister of Public Safety, and the Minister of the Economic Development Agency of Canada for the Regions of Quebec, we had the impression that we were attending a play by Molière, starring Tartuffe. We were given to think that since the Conservatives took power in 2006 the House of Commons has been the victim of obstruction when it comes to the justice system. We were also given to think that the government has been prevented from having its justice initiative passed.

And yet when we look a little closer, we see that since January 2006 the Conservative government has tabled 12 bills relating to the justice system. As we speak, six of those bills have received royal assent and have thus become law. Of those six bills that have become law, three were passed using what is called the fast-track procedure, with the unanimous consent of all leaders in the House of Commons.

So out of 12 bills, six have become law, and three of those were passed with the consent of all parties using the fast-track procedure; four reached the Senate, at first, second and third reading, while both in the House and in committee there were only two bills remaining. It has to be said that in parliamentary history there have been more vigorous examples of obstruction. When six bills receive royal assent, four are being considered in the Senate and only two are left, you cannot, in all honesty, appear at a press conference and say that you have been unable to get your bills passed.

For the benefit of our constituents, I will mention the bills that were passed.

First, there was Bill C-9, on conditional sentences. It is true that we did propose some amendments. It is our job to do that. We are a responsible opposition. What is the role of the opposition? It is to ensure that bill are improved and made as perfect as possible. We would be completely irresponsible if we did not do our work. As far as the bill on conditional sentences is concerned, the government ultimately wanted to do away with that option for judges and we highlighted that.

Bill C-17, which dealt with judges’ salaries, was also passed, followed by Bill C-18, a rather technical bill on DNA data banks. Moreover, in tribute to our unfortunately deceased colleague, Bill C-19, which creates a new offence under the Criminal Code with regard to street racing, was passed unanimously.

Two other bills were passed within 48 hours, which is an indication of the cooperation among opposition parties. One of those two was introduced by the Bloc Québécois, because of incidents of piracy, the unauthorized use of camcorders to record movies in theatres, particularly in Montreal. The other bill dealt with the signing by Canada of an international convention to fight organized crime.

Four other bills were being dealt with in the Senate, or I should say, “the other place.” There was, first, Bill C-10, concerning minimum penalties for offences involving firearms.

Next, there was Bill C-22, which dealt with the age of protection under the Criminal Code. Some of my colleagues followed that subject with a great deal of interest. The Bloc Québécois had asked for a five-year proximity clause. The Bill was before the Senate. In spite of some questions, our position was relatively favourable. The bill had been amended in committee.

Then there was Bill C-23, somewhat technical, on the language of juries and the accused.

I do not want to forget to say, Mr. Speaker, that I am sharing the time allotted to me with the likeable and charming member for Sherbrooke.

Finally, Bill C-35 on reversing the onus of proof was also passed. Some television journalists described this bill as reversing the onus of proof for parole. However, the bill was not about parole but about pre-trial bail hearings.

There were two bills remaining about which we had and still have questions and amendments to propose.

The first deals with drug-impaired driving. We are in favour of the new provision in the bill requiring individuals to take sobriety tests. Peace officers and police could stop people who are driving erratically under the influence of drugs. We were in favour of certain provisions to require people to submit to sobriety tests.

We amended the bill however because, as unlikely as it might seem, it would have been irresponsible to pass this Conservative bill without any amendments. Imagine someone driving along in his car together with a friend. They drive down the road—let us say the Trans-Canada highway, for example, to please some of my colleagues here—and it turns out that the friend, who is driving, has marijuana in his pockets or his luggage. If we had passed this bill, the car owner would have been held liable. That did not seem responsible to us or legally sound.

There was also another bill about which we had a lot of questions. Unfortunately though, I have only a minute left and so I am going to proceed to my conclusion and allow the hon. member for Sherbrooke to take over.

We are going to take our work in committee very seriously. We will not allow ourselves to be dictated to by the government which, in a fit of authoritarianism, might demand that the opposition propose no amendments to Bill C-2.

We will amend Bill C-2 if we think that is the direction in which the testimony we hear is taking us. As always, I can assure the House that the Bloc Québécois will act in a serious, responsible, reasoned way. We would also like to remind the House of the justice proposals we made last June.

Resumption of Debate on Address in ReplySpeech From The Throne

October 22nd, 2007 / 5:55 p.m.


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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, my understanding is that approximately four minutes from now, we will be breaking to let the bells ring for a recorded division. I will not be able to get through all of my comments, but I do want to make a few comments, if I may, in the short period of time that I do have.

I am very pleased to stand here in response to the Speech from the Throne and say how excited I was when I heard the speech that was delivered so eloquently by the Governor General.

One of the other things I want to say is that for the first time we had an opportunity to let the majority of Canadians really get engaged in listening to the speech, because for the first time the speech was actually primarily delivered in prime time in terms of television. Certainly in eastern Canada it was viewed in prime time. I know that from my own standpoint, we received several calls in my constituency office from people who actually had a chance to view the Speech from the Throne and they viewed it as a great opportunity. This is something about which we should all be excited, because it is actually getting more citizens engaged in the democratic process.

Of course, not everyone was in favour of it. Members collectively from the opposition parties seemed to criticize it. They called it Americanization. Let us face it: If the collective opposition cannot make a couple of references to George W. Bush on a daily basis, life just is not worth living for them.

That fact notwithstanding, it was a very positive move, because it allowed Canadians to see firsthand how this government intends to conduct itself over the course of the next months and we hope the next few years.

It spoke specifically of five priorities, what this government intends to do in strengthening the federation, strengthening our sovereignty, strengthening our economy, strengthening our environmental practices and, of course, with Bill C-2, strengthening the ability for all of our citizens at home to feel more secure in their daily lives. One of the things we wanted to make sure with our tackling violent crime bill is that we enacted some measures that have been long overdue to protect our citizens, whether they be children, adults or seniors. We wanted to make sure that we took positive action to ensure the safety and security of all Canadians. That is why we have introduced Bill C-2, a comprehensive bill to deal with some very important pieces of legislation that had been stalled for far too long both in this House during committee and in the Senate.

I also want to touch very briefly on some of the points that my colleague was mentioning about Senate reform. One of the things we do have the ability to do in this House and in the upper chamber is to take some positive action in reforming the Senate.

For too many years, well over 100 years, we have had an unelected, patronage appointed Senate. What we are attempting to do is take the patronage appointments away from how we conduct our Senate.

By allowing citizens through a consultation process to voice their opinions on who they wish to represent them regionally, as senators, has got to be viewed as a positive thing. However, I do not see much acceptance of that initiative by members opposite and members of the upper chamber. That is clearly unfortunate.

Also, what we need to do very seriously is, this House, as an assembly, should send a direct message to the Senate that when we send a piece of legislation from this place to the other place, the Senate must deal with it expeditiously with no delay.

Mr. Speaker, I know my time is tight and I thank you for the brief opportunity I have had to give these remarks.

Religious FreedomPetitionsRoutine Proceedings

October 22nd, 2007 / 3:10 p.m.


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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, I rise on a point of order.

I would ask at this time that you seek unanimous consent for this House to adopt a motion to approve Bill C-2, the tackling violent crime act, at all stages so it may move forward to the Senate.

Religious FreedomPetitionsRoutine Proceedings

October 22nd, 2007 / 3:10 p.m.


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Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, I do not think this should take long.

In order for the House to make at least some progress on anti-crime legislation today in a responsible way, I wonder if you could see if there is unanimous consent in the House for the following motion, that Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts, be deemed to have been read a second time and referred to the Standing Committee on Justice and Human Rights.

Resumption of debate on Address in ReplySpeech from the Throne

October 22nd, 2007 / 12:25 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I am very pleased to open the debate on today's theme from the throne speech: strengthening the federation and our democratic institutions.

We have a great, united country whose foundation is a solid federation and a living democracy. In fact, federalism and democracy have gone hand and hand throughout Canada's history.

Our country's history is one of people joining together to achieve great dreams thought impossible by the pessimists, but it is also a history of people who, through accommodation and respect, build practical, workable approaches allowing remarkable progress to unfold.

The project of Confederation was about bringing together the different regions into a strong and united country based on democratic practices and the rule of law. Sir John A. Macdonald, George-Étienne Cartier and the Fathers of Confederation, through strong leadership united Canadians in a federal union which would deliver a future of security and prosperity for the country as a whole. Their vision was strong and enduring, a firm foundation on which successive generations have built.

Our government is continuing this nation building project today with our commitments for strengthening the federation and our democratic institutions. Strong leadership and a better Canada: that is our objective.

I would like to spend my time today discussing the progress we have already made in this area and highlighting our plans for this new session of Parliament.

Our government made a commitment to practise open federalism, and it is taking steps to ensure that our country is prosperous and united.

Our approach is not new, but it is based on the very principles underlying Confederation.

The union was based on a simple concept: the division of powers between the federal and provincial governments. The objective was not to have a weak, passive federal government, but a government that would respect the provinces' areas of jurisdiction.

Provincial governments are closer to their citizens and are well positioned to determine local needs and aspirations. In contrast, the federal government is well placed to protect the national interest in pursuit of the common good of the country as a whole. As the project of our Confederation first became committed to paper in the Quebec Resolutions of 1864, this approach was clear:

In the Federation of the British North American Provinces, the system of Government best adapted under existing circumstances to protect the diversified interest of the several Provinces, and secure efficiency, harmony and permanency in the working of the Union, would be a general Government, charged with matters of a common interest to the whole country; and Local Governments...charged with the control of local matters in their respective sections.

The steps we have taken recently and the measures we plan to take to create a federalism of openness will produce unprecedented efficiency, harmony and stability in the union, as the Fathers of Confederation envisioned many years ago.

Our federalism of openness means respecting provincial areas of jurisdiction, and that, in turn, means two things. First, a federal government that shows leadership in its areas of jurisdiction. Second, a federal government that unites the country by introducing fair, respectful intergovernmental policies.

We have shown strong leadership in areas of federal jurisdiction, such as strengthening our economy by cutting taxes and helping families, in the process paying down billions on the debt and achieving the lowest national unemployment rate since I was a child; in international trade with the resolution of the softwood lumber dispute; in defence with our leadership in international aid efforts in Afghanistan; and in public safety and security with our agenda for making communities safer by tackling crime.

In the new session this leadership will continue with measures to strengthen Canada's economic union through internal free trade among the provinces; a commitment to action in protecting Canada's sovereignty, particularly in the Arctic; continued pursuit of a safer Canada beginning with the comprehensive criminal justice reforms in our Bill C-2, the tackling violent crime act.

We have treated the provincial and territorial governments with respect, which has strengthened national unity. To restore the fiscal balance within the Canadian federation, we have increased the main federal transfers and introduced a new stable, reliable, fair funding formula. We have helped build a better Canada with our historic recognition that Quebeckers form a nation within a united Canada.

Our 2007 budget contained an unprecedented long term commitment to rebuild Canada's infrastructure, amounting to a total of $33 billion over the next seven years, the largest federal investment in Canadian infrastructure in over half a century.

During this session, we will introduce a bill to place formal limits on the use of the federal spending power for new shared-cost programs in areas of exclusive provincial jurisdiction. This bill will formalize the commitments our government made in the 2006 and 2007 budgets, because it will specify the limits on federal power.

In keeping with how we see open federalism, our bill will also allow the provinces and territories to opt out of new shared-cost programs with reasonable compensation if they offer compatible programs. In addition to recognizing the provinces' and territories' ability to provide programs in their specific areas of responsibility, our bill will enable Canadians, wherever they live, to receive services comparable to those available under national programs.

Our diversity as a country serves as a source both of strength and innovation. Through our actions in open federalism, including equitable and predictable funding and clarified roles and responsibilities in our federation, we are offering a principles based approach on which all orders of government can continue to work into the future.

The vision of Macdonald and Cartier of a country united from east to west, of new Canadians and old, French and English, country and city, together dreaming great dreams and building a brighter future is alive and well and has a place deep in the heart of our government in 2007.

However, our Confederation must be more than the sum of its parts. The federal government must act as a leader in keeping the country strong and united and as a model for democratic values. To perform this leadership role, the democratic underpinnings of our government must be solid in order to continue to meet the expectations of the Canadians we serve. Our initiatives in the area of democratic reform demonstrate our government's leadership in this area. Nowhere is this more evident than our efforts to modernize our central democratic institution, a federal Parliament where the representation of both popular and provincial interests are united within the federal legislative process.

Since Confederation, Canada's Parliament has served the democratic interests of Canadians well, but the government must take action to ensure that this institution, which is the cornerstone of our representative democracy, remains strong, vibrant and adapted to the needs of Canadians in the 21st century.

Our bicameral Parliament includes two houses, the lower house here which is comprised of elected representatives of the citizens of this great country originally founded on the fundamental principle of representation by population, and the upper house which was designed to represent the regions of the country to act as a chamber of sober second thought.

However, in the contemporary era, the Senate has been unable to credibly fulfill its role as an effective representative of the regions in the federal legislative process due to fundamental concerns with legitimacy and effectiveness of that appointed and unaccountable chamber. As for the other chamber, this one, the distribution of seats in the House of Commons has shifted too far away from the principle of representation by population, resulting in the unfair under-representation of the fast growing provinces.

Our government has already taken measures to address this situation as we promised during the last election with BillC-56 introduced in the last session to enhance the principle of representation by population in the House of Commons and give fast growing provinces the representation that their population merits, and by Bills S-4 and C-43 introduced in the last session to begin the long overdue project of Senate reform.

I would like to spend a few moments discussing Senate reform. It is a priority of our government that is urgently needed to modernize our federal Parliament. We put forward an agenda for the Senate reforms that is practical and achievable. As stated in the Speech from the Throne, we will continue to pursue this agenda with the reintroduction of two important bills.

The Senate tenure bill proposed a uniform fixed term for senators of eight years. Rather than leave the length of tenure as long as 45 years, as it is currently, our bill proposed that senators be appointed to a fixed term of eight years. This is a change that would bring renewal and relevance to the Senate. This change would improve the effectiveness of the Senate. It would ensure that senators' terms were long enough for them to gain the expertise and independence necessary to act as a chamber of sober second thought, but at the same time it would ensure that the terms would not be so long as to undermine the legitimacy and credibility of the Senate as a modern institution in what we seek to declare to be a democratic country.

Unfortunately, the current unelected unaccountable Liberal senators spent over a year delaying this legislation before they finally took a decision to not take a decision. This action alone, or inaction more accurately, demonstrates clearly that the Senate must change. Its current form does not function well on this issue, or at all.

As I stated, our government intends to reintroduce the Senate term limits bill this session. I hope that the summer recess gave opposition senators some time for that sober second thought in relation to their position of inaction on this bill where they have refused to exercise their constitutional obligation to vote on the bill.

Our second Senate reform, Bill C-43, offered a means for democratizing the Senate by providing Canadians an opportunity to choose and advise who they want representing them in the Senate. It would provide for the first time an opportunity for voters across this country to have a democratic say in who sits in their Senate. This should hardly be a difficult principle to embrace in a 21st century western democracy. It would provide greater legitimacy and credibility to the work of the Senate as a democratic institution.

I was extremely pleased to attend the swearing in of Senator Bert Brown last week. He of course was popularly elected by the people of his province. I hope that we can look forward to the day when the Senate appointment consultations bill becomes law and all senators arrive in Ottawa with a democratic mandate.

As the Prime Minister has indicated, when the Senate consultations bill is reintroduced, we will be sending it to committee before second reading so that collaboration can begin on this important step toward a democratic Senate.

There are some who have suggested that governing parties of the past could maintain the status quo in the Senate out of self-interest, that we could benefit from the patronage appointments to be made and stack the chamber with partisans who would serve for decades. Our government believes that the Senate should be a democratically elected body that represents Canadians. So far, we have taken concrete steps toward that vision and they are steps that are achievable in the short term. What is more, surveys show that our agenda for term limits in a democratized Senate is strongly supported by Canadians. Surely in a democracy this above all should be a key indicator of what constitutes a good democratic reform.

The Senate must change. If it cannot be changed, it should be abolished. In its current illegitimate form the Senate does nothing to enhance our democracy, even as we aim at the same time to promote democratic values abroad.

I would now like to address a second element of the democratic reform program that we will continue to implement during this new session of Parliament: strengthening the electoral system.

A strong democracy requires both modern democratic institutions and an electoral process with integrity that inspires confidence among voters.

We have already introduced a number of measures that were passed in the last session to improve elections, which were broadly supported.

For example, Bill C-2, the Federal Accountability Act—the first legislative measure we introduced—fulfilled our campaign commitment to clean up political funding. We levelled the playing field by banning donations from companies and unions, as well as large and secret donations, so that ordinary Canadians can contribute to the political process knowing that their donations will really count.

Bill C-4 was the first bill passed in the last session. We acted quickly to ensure that the party registration rules would not sunset and that those registration rules would remain in effect at all times.

With Bill C-16, setting dates for elections, we have established a four year electoral cycle, preventing snap elections from being called solely for the partisan advantage of the governing party.

As a result, after this House provides a mandate to govern when it approves the throne speech on Wednesday, we can look forward to the next election, now set in law to take place October 19, 2009.

In Bill C-31, we implemented wide-ranging recommendations of the procedure and House affairs committee for improving the electoral process, including important measures for reducing the opportunity for voter fraud, such as a voter identification procedure for federal elections.

In addition to these bills, which are now law, we introduced additional election reforms that did not have an opportunity to pass before we prorogued.

Building on our political financing reforms in the Federal Accountability Act, Bill C-54, our new bill to clean up campaign financing, proposed bringing accountability to political loans by eliminating loans as a means for circumventing contribution limits and establishing a transparent reporting regime for campaign finance.

Building on a number of measures for improving voter accessibility, Bill C-55, our expanded voting opportunities bill, proposed additional advanced polling days to enhance opportunities and encourage higher voter turnout.

During the second session of Parliament, our government will continue to strengthen the electoral process.

As stated in the Speech from the Throne, we will introduce measures that will enable us to confirm the identity of voters by requiring them to uncover their faces before voting. Like our other reforms, this concrete measure will improve the electoral process for all Canadians.

Public concerns raised about this issue during the September 17 byelections made it clear that we must act.

During meetings of the Standing Committee on Procedure and House Affairs in September, all parties approved the decision to prioritize resolving this issue.

Our government will act quickly to resolve this issue, and I hope that I can count on the support of all members of Parliament to give Canadians the strong, fair electoral process they expect.

There is so much that makes Canada great. We are mindful of the valuable legacy bestowed upon us by the visionary leadership of Sir John A. Macdonald, George-Étienne Cartier and the Fathers of Confederation when they rendered the blueprint for what has proven to be the best country in the world. But it is our strong foundations that enable us to continue building a better Canada that is a leader in the world.

Those foundations are our federal state and our democratic spirit, but we also know, as did those Fathers of Confederation, that as the world modernizes, so must Canada. That is in fact the spirit of Confederation. It is that spirit that leads us to seek ways to strengthen our democracy and improve accountability to Canadians. We must be a democracy worthy of that name in a 21st century world.

Our government has already put forward a full agenda to fortify and modernize our federation and democracy, and we will continue to do so this session. We invite all parties in the House to join us as we build a stronger Canada with a brighter future for the generations that will follow.

Resumption of debate on Address in ReplySpeech from the Throne

October 18th, 2007 / 4:20 p.m.


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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I invite the member to come out of the fog, not the fog of the Bay of Fundy near where he resides, but the fog of mental obfuscation that he elicited in his comments.

He said that Bill C-27, which is part of Bill C-2, was in committee for 105 days. He was on the committee. He knows there were three days only of committee meetings before it was sent on. Will he admit that?

He knows that the age of consent bill previously introduced by private members from either party did not have the close in age exemption, which this bill does and made it quite acceptable. Will he admit that the recent Statistics Canada report indicates that the homicide rate last year was down 10%? Most important, where are the 2,500 new police officers that were promised in the throne speech last time and reiterated this time? Have they been hired? Where are they?

The member talked about giving tools to the police. What we need are more people in the law enforcement field actively working on crime, crime prevention, the prosecution of crime. Where are the resources? The Conservative government now has $14 billion to spend and has spent not a penny on that. Where are the resources?

Resumption of debate on Address in ReplySpeech from the Throne

October 18th, 2007 / 4:05 p.m.


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Fundy Royal New Brunswick

Conservative

Rob Moore ConservativeParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, it is a privilege to participate in this debate today in the reply to the Speech from the Throne.

I want to address what was mentioned previously by one of the members opposite. The member wondered why our government has introduced 13 bills related to justice since we came to office. Perhaps it would be because for 13 years the Liberals neglected our justice system. For 13 years Canadians had to put up with a revolving door justice system, a soft on crime justice system and a system that put the victim somewhere at the very bottom on the list of priorities.

There remains a lot of work to be done.

The member mentioned some of the bills. Bill C-10 would have brought in mandatory minimum penalties for serious gun crimes and was stalled in committee for 252 days. Bill C-35 was stalled in committee for 64 days and 211 days between the House and the Senate. That would have provided a reverse onus on people who commit gun crimes. Bill C-27 dealt with the worst of the worst: dangerous offenders. It was 105 days in committee and 246 days in the House. Bill C-22 was to protect the young from adult sexual predators. It was 365 days in the House and the Senate.

Those members wonder why we have to work so hard. They wonder why we have to do so much.

Because they left us so much work to be done.

The government's first Speech from the Throne set clear goals and we stayed on course to achieve them. The results are evident in the improved quality of life Canadians share and the higher confidence they have in government leadership.

The new Speech from the Throne, as we heard this week, offers Canadians the same clarity and framework to build on our achievements made to date. As the Speech from the Throne notes, the government is committed to continuing to build a better Canada. We are going to do this by strengthening Canada's sovereignty and place in the world, building a stronger federation, providing effective economic leadership, continuing to tackle crime, and improving our environment.

I am pleased to stand to speak in support of our government's unwavering commitment to a balanced justice agenda, to a law-abiding society, to tackling crime, and to building safer communities, streets and neighbourhoods. I might add that in the last election this is what our constituents from coast to coast elected us to do. It is exactly what they asked us to do.

As all of us in the House know, or should know, Canadians value a law-abiding society and safe communities. The rule of law and Canada's strong justice system are defining characteristics of what it is to be Canadian.

Canadians express strong support for the law. In fact, the vast majority of Canadians responding to a set of questions on the world values survey, repeated several times between 1990 and 2006, consistently expressed a strong willingness to abide by the law. Compared to citizens in most other countries in the world, Canadians have one of the highest levels of support for law-abiding behaviour.

We know where Canadians' values lie and we share those values. As parliamentarians, we must reflect these values in all that we do.

Canadians' perceptions of crime reflect their community experience and are supported by long term and local crime statistics and news. I am sure that every member in the House, from no matter which party, could bring forward stories from his or her own riding about how Canadians have been victimized or how someone has been a repeat offender but is allowed back into the community to re-victimize innocent Canadians. Every one of us gets those phone calls and emails. Every one of us can somehow relate to that experience.

Community leaders, victims' groups and law enforcement know their particular challenges and for once they have a government that is listening to them. Every province, territory and major city has street corners and neighbourhoods where people do not want to go any more, and if ordinary Canadians do not want to live there, then neither will they shop there or play there. Businesses will leave and schools will deteriorate.

There are too many of those street corners in Canada now. It is not consistent with Canadians' expectations and hopes for their communities. And they deserve better. All Canadians should be able to walk our streets and travel to and from our homes, schools and workplaces in safety.

This is why we are standing up to protect our communities and to work with Canadians to ensure a safer and more secure Canada.

Let me give the House an example of the kind of tragedy people are reading and talking about in my part of the world. The Nunn commission arose out of a tragedy in Nova Scotia. A 16 year old boy went from no prior record to a nine month crime spree involving 38 separate charges and 11 court appearances and ended when, two days after his release, high on drugs, he killed an innocent mother of three by speeding through a residential intersection.

Commissioner Nunn, who headed the inquiry into this tragedy, stated:

We should be able to halt the spiral [into crime], through prevention, through quick action, through creative thinking, through collaboration, through clear strategies, and through programs that address clearly identified needs.

I agree with Commissioner Nunn. We should be able to do better and to stop such behaviour before it gets out of control. Canadians expect and deserve no less.

These are the kinds of real life tragedies that our communities want us to address. They are the tragedies that I know my constituents expect us to address. They are the tragedies that motivate many of us on this side of the House to do something to protect innocent Canadians.

I know that Canadians across the country and in every community have similar stories of kids who are in serious trouble and causing serious harm, stories of binge drinking, using illicit drugs, committing auto theft, property crime and other crimes, all of which are elements of this tragedy I just mentioned.

Canadians are particularly concerned about crimes victimizing the most vulnerable community members, such as seniors and children. Families worry about how to keep their children and grandchildren from becoming victims of youth crime. They also worry about their young family members being drawn into the wrong crowd and beginning a life of crime.

In the face of such tragedies, Canadians look to us for a way forward, for a way out of despair for their youth and worry about the safety of their streets. They look to us for solutions. They look to us to restore their confidence in the justice system. That is what members on this side of the House intend to do. We intend to restore their confidence in the justice system.

I want to mention a few statistics.

We know that Canadians are not always confident that the criminal justice system is doing enough to protect them. That is a major theme. We have heard about this time and time again. They know that violent crime is too common. They dread hearing statistics like those released this week by Statistics Canada.

These are just a few statistics, but they tell us that four out of 10 victims of violent crime sustain injuries and that almost half of violent crimes occurred at private residences. By the way, private residences, and I am sure all members would agree, are where we should feel most safe. These are our homes. Half of violent crimes occurred at home.

The statistics also tell us that firearms were involved in 30% of homicides, 31% of attempted murders and 13% of robberies. We are all deeply saddened to hear that one out of every sixth victim of violent crime was a youth aged 12 to 17 years old. What is worse is that children under 12 years of age accounted for 23% of victims of sexual assaults and 5% of victims of violent crimes.

Of course we know that most crime is never reported. Statistics Canada's victimization survey found that only about 34% of criminal incidents committed in 2004 came to the attention of police. When we think about it, that is really an alarming statistic. For all the crime that is reported there is that much more out there that goes unreported.

There is a reason why. I hear this in my own riding and I am sure many of my colleagues do as well. Victims do not report crime because they think it will not make a difference, because our system will not treat it seriously. It is going to take a lot of work to change that impression, but we are a government that is set on changing it.

Twenty-eight per cent of Canadians, or one in four persons, reported being victimized in 2004. When I speak with my constituents and people across this country about crime, they often tell me that the justice system does more for offenders than for victims. Our government is listening to victims, increasing their voice in the justice system and helping them play a more active role. Addressing the needs of victims of crime in Canada is a shared responsibility between federal and provincial and territorial governments. It is an issue that we are already addressing in collaboration with these partners.

New programs and services are being implemented in the Department of Justice. The victim fund is being enhanced to provide more resources to provinces and territories to deliver services where they are needed.

We have appointed for the first time ever a Federal Ombudsman for Victims of Crime, Mr. Steve Sullivan, who is a well known advocate for victims. The ombudsman will ensure that the federal government lives up to its commitments and obligations to victims of crime. I think I hear the member for Moncton—Riverview—Dieppe applauding the appointment of Mr. Sullivan. I thank him for that. Victims expect and deserve no less.

As mentioned, we remain committed to the goal of ensuring that all Canadians live in a safe and secure community. That is why we are introducing Bill C-2, the tackling violent crime act.

The measures in this legislation represent a clear and sustained commitment on the part of our government to deal with the crimes that weigh heavily on the minds of Canadians as they go about their daily lives. Through this bill we will address the crime of the sexual exploitation of youth by adult predators. We also are tackling the crime that takes the highest toll in death and injury: impaired driving.

We know that Canadians want us to protect them from these crimes. We know also that to do so we need the support of all hon. members as well as Canadians and our partners in the provinces and territories, in law enforcement and in community groups.

I want to speak briefly about each component. Alcohol and drug impaired driving have devastating effects on victims, families and communities. Impaired drivers are responsible for thousands of fatalities and injuries each year, not to mention billions of dollars in property damage. With this legislation, impaired drivers will face tough punishment whatever intoxicant they choose. Police and prosecutors will have more tools to use to stop them.

Statistics Canada reports that there were an alarming 75,000 impaired driving incidents in 2006 and approximately 1,200 caused bodily harm or death. According to Mothers Against Drunk Driving, alcohol and/or drugs lead to more fatalities and injuries than any other single crime. The total financial and social costs are immeasurable and these impacts are felt in all of our communities. Research by Ontario's Centre for Addiction and Mental Health shows that Ontario drunk driver fatalities decreased when the driving licences of impaired drivers were suspended for 90 days.

So there are good approaches that the police and courts can use once there is a conviction for impaired driving. Part of our job as custodians of the Criminal Code is to help them get those convictions. Then more impaired drivers can be kept off our roads and streets.

One reason that impaired driving remains common is that drug impairment is now a frequent factor. Until now, police have not had the same tools available to them to stop those who drive while impaired from drugs as they did to address alcohol impaired driving. With this bill, now they will.

If passed, this legislation will strengthen the abilities of our police and prosecutors to investigate, prosecute and penalize those who endanger the safety of their fellow Canadians through alcohol or drug impaired driving.

The bill will also ensure that the punishment fits the crime and the damage it causes. Chronic offenders, or what are called hard core offenders, will be targeted with appropriate measures. These chronic offenders are disproportionately a cause of death and injury on our roads. All of these provisions will help police, crown prosecutors and the courts deal with these offenders.

Impaired driving is hurting so many families and communities that there are calls on Parliament to take action. For example, earlier this month MADD urged that these reforms be passed as soon as possible. We are certainly listening.

I know that many members here recognize the pressing need to ensure the safety of our communities by providing our police the tools necessary to address drug impaired driving. It is time they had those tools in their hands and it is time for us to act.

On the issue of the age of protection, this is something that is very timely and is in the news all the time. It strikes at the core of our society's values in protecting the most vulnerable, in protecting the young. For the same reason, parents, teachers, police and communities share this government's commitment to protecting young people from sexual predation. One of the most disturbing thoughts for any parent is the thought of a sexual predator preying on their child.

I should mention that members from this side of the House have been advocating for this for years and we welcome having a government that takes the protection of children seriously enough to take this step.

The tackling violent crime act reintroduces our proposals to raise the age at which young people can consent to sexual activity from 14 to 16 years to better protect youth against sexual exploitation by adult predators. In short, it will take away the ability of adult sexual predators to rely on claims that their young victims consented.

The Speech from the Throne provides Canadians with a clear and achievable blueprint for criminal law and policy reforms. It will provide Canadians with safer streets and healthier communities, communities and cities where people want to live and raise their families. Community by community we will build a better Canada.

I addressed some of the bills. There is a question as to why we have introduced this bill in a comprehensive format. We did it because there is a lot of work to be done and many of the measures that were introduced in the last Parliament that are substantively contained in this bill were delayed. They were delayed by the opposition. They were delayed in the House. They were delayed in committee.

In the day and age we live in members should know that many households in Canada have the Internet. Anyone can log on to the House of Commons website and read Hansard, as we all do. Any Canadian can read from the House of Commons committee transcripts. Canadians can judge for themselves whether there was a delay.

I sat in the justice committee while those bills were being debated. I listened to the victims of crime who came forward and begged us, as they have over the years. There are many colleagues on this side of the House who have been here a lot longer than I have been here.

In the past, the member from Calgary introduced legislation to raise the age of consent. At the time, the Liberal government did not want anything to do with it. The Liberals would not take action. Now they claim that we should not be proceeding in this format. We are going to proceed because Canadians have demanded that we act to protect children, that we get serious with repeat violent offenders, that we get serious with individuals who use firearms in the commission of a crime, and that we get serious regarding drug impaired driving, a scourge on our streets.

We are taking those concerns seriously. That is why we have brought Bill C-2 forward. I look forward to support from members on all sides of the House as we move forward to make our Canadian streets, communities and homes safer for all Canadians.

JusticeStatements By Members

October 18th, 2007 / 2:10 p.m.


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Conservative

Daryl Kramp Conservative Prince Edward—Hastings, ON

Mr. Speaker, nothing is a greater responsibility for any parliamentarian than to provide for the health and safety of our citizens. Sadly, under the former Liberal policy of denial, delay and tough talk but no action, today's crime problems fly in the face of our own constitutional promises of peace, order and good government.

Residents in my riding of Prince Edward—Hastings, and I believe all Canadians, want a government that is tough on crime and reliable on national security.

Clearly, it is past time to protect victims and to focus on criminals. I am proud to be part of a government that stands behind our police officers and our prosecutors as they stand at the front line of Canadian justice every day.

So I say to my opposition colleagues in this House that if they are truly serious about cracking down on crime, then show it by swiftly and unanimously passing Bill C-2, our much-needed, comprehensive violent crime act.

Resumption of debate on Address in ReplySpeech from the Throne

October 18th, 2007 / 1:05 p.m.


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Okanagan—Coquihalla B.C.

Conservative

Stockwell Day ConservativeMinister of Public Safety

Mr. Speaker, it is an honour to address issues related to the Speech from the Throne.

I would like to start by thanking my constituents in the Okanagan and Nicola valleys, some of the most beautiful territory in all of Canada, I might add. Some of the ideas for the very elements that are in the Speech from the Throne germinated from constituents around the Okanagan and Nicola valleys in the constituency of Okanagan—Coquihalla who, over the past number of years, have brought to me concerns related to some of the elements I want to address today in the Speech from the Throne, notably areas related to safety and security.

It is a priority for each level of government to have a country and communities with safe and secure roads, countryside and schools. That is very important. It is a priority.

It should be the priority of every government that the safety and security of its citizens is paramount. I want to touch on some of the ways in which we have demonstrated that in the last year and half or so. I would then like to reflect on what we heard in the Speech from the Throne yesterday that is specifically related to some of the initiatives on criminal justice reform which will enhance not just safety and security in the country but the sense of safety and security that we have in our country or that we need to have.

We can look at statistics and we can also look at this in an anecdotal way. Today I want to do both. I have an uncle who lives in the Okanagan Valley. Obviously he is a senior citizen, being my uncle, and not that long ago in the middle of the afternoon as he was walking in his residential area to the grocery store he was approached by two males. They did not appear to be armed, but they told him, and he is a frail gentleman, that they wanted his wallet or they were going to beat him senseless right on the sidewalk.

This is a not uncommon occurrence across our country. There are people who do not have a fear of repercussions or an understanding of the consequences of their actions. I can apply that anecdote statistically. Across the country from Vancouver to Halifax and from our southern borders to our northern borders, this adds up to a sense of apprehension Canadians have that communities are not as safe as they could be.

I believe that if we were to ask Canadians if they feel that streets are safer now than they were two years ago with regard to some of the things we have been doing, most Canadians would say yes, but in fact there is more to do. We have committed to 1,000 more RCMP officers on our streets from coast to coast. We know that the visibility of peace officers, just their presence, has the effect of lowering crime in any particular area in which their presence is obvious.

We have committed to that. That is fully and federally funded. Also, the $37 million required to expand the training facilities at depot is already in play. Not long ago I was out at depot in Regina, the training facility for the RCMP, and I saw that some of the new facilities are already online. I met with many of the young cadets and spoke to a graduating class. I can tell members that I am very encouraged. I have a real sense of security and a sense of pride at the type of people the RCMP continues to attract and to graduate to serve us in our communities around the country.

Further to the 1,000 officers at the RCMP level, we have also made a commitment to work with provinces and municipalities so that we will have 2,500 more municipal officers across the country. I have been in discussions with my counterparts at the provincial and territorial level, the solicitors general and attorneys general, to discuss the funding formula. This is not 100% funded by the federal government. It is going to be cost shared.

At our borders we have begun the process of hiring 400 additional border officers to put an end to what we call work alone situations, in which border officers often are required to work in remote locations and to work there alone, which really is not conducive to a sense of safety or security, either for the people living along the border or for the border officers themselves.

We also have followed through on our commitment that our border officers, after decades of asking for this, finally will be trained and equipped to have side arms so they can handle dangerous situations when they get alerted that dangerous and armed individuals are approaching the border. As we know, that has not been in place for decades, the result of which has been that border officers have felt they actually have to vacate their posts because they receive an indication that armed and dangerous individuals are approaching them. They have to close down the border at that point, alert the police of the jurisdiction, be it the RCMP or municipal police, and wait for them to arrive.

All of the incumbent difficulties with this, not the least of which are long lineups that result, especially at busy border points, have been counterproductive, both on business and trade and certainly for travellers back and forth across the border. We have moved in a number of areas on this. I made an announcement last January for a commitment of $430 million strictly on the technological side to improve our borders and our capability of moving people efficiently across the border, but also to make it very difficult for dangerous individuals or in fact dangerous cargo to be moving across the border.

It is a challenge to keep our borders open to travellers who are not a threat but to close the borders to those who represent a threat to our country.

We need to have that balance at our borders.

Therefore, on the resource side we have been there and we continue to be there. We have increased resources for the RCMP, resources that were eroded over a number of years by the previous regime, something that did not result in beneficial headway being made in terms of providing safety and security. When we take away the resources of the very people who are providing that safety and security, it does not lead to a positive conclusion.

We have increased the resources for our DNA centres and for the National Child Exploitation Coordination Centre. I would like to acknowledge today those individuals for the breakthroughs they have been involved in internationally in working with Interpol and other agencies in terms of bringing child predators to justice, including very recently a case that has been in the media whereby an individual allegedly involved in the exploitation of children is still being looked for. Once again, we and exploitation coordination centre experts are at the front and centre of this type of pursuit. We have also increased our resources in a number of other investigative areas.

Up to now I have been talking about enforcement. I have been talking about what I refer to as the long arm of the law. We also have to recognize that there are the open arms of the community. This is not all about enforcement. We have funded in a very significant way the groups at the local level who have the expertise, the know-how and the sense of what is happening on their own streets to have the types of programs that would prevent young people from even getting into a life of crime.

Many young people today are being attracted to gang activity, to illegal activities such as drug activities and others, which leads to the most tragic incidents we have seen in some time, with shootings on our streets and some of the most violent things that are taking place. Therefore, we fund with federal funds at a local level those groups and agencies that have proven they have a program that works. Those are the two words I use as criteria.

There are other more detailed criteria that flow from it, but we want to know what works in Canadians' communities. That is what we are saying to Canadians. We are asking them to show us what works in terms of identifying youth at risk, vulnerable families, progress toward reducing recidivism and programs projected to our aboriginal community. We are asking them to show us those programs, to show us what works, and we will fund it.

Along with that on the prevention side is the $64 million the Prime Minister announced about three weeks ago for our anti-drug strategy, in which two-thirds of the resources are dedicated to awareness, prevention and actual treatment centres, which means literally more beds for treatment across the country, especially in dealing with drug and substance abuse and the addictions that go with it. We are very keen about and very focused on the prevention side.

Going back to the other side of that ledger, the enforcement side, our Minister of Justice announced today, and the Prime Minister announced yesterday in his comments responding to the Speech from the Throne, that there are some areas where we have to get tougher, if I can use those words, when it comes to the enforcement side and serious, repeat violent crime. That is what we are talking about.

Our police officers across the country and our various security agencies have told us for some time, for instance, that we need legislation to more capably and more effectively designate people as dangerous offenders. There are individuals out there who, it would appear, are impervious to attempts at rehabilitation, not that we would ever give up on an individual. I believe in rehabilitation and I believe a person's heart can change, but there are individuals whose actions are so violent and repetitive that these individuals literally should not be allowed on our streets. It would be extremely helpful to be able to designate people as dangerous offenders in a more effective way.

Opposition parties have resisted our ability to do that. We are not talking about thousands of people here. We are talking about a relatively small handful of people and about designating them as dangerous offenders and taking them off our streets. That is part of what we are proposing. It is part of what my colleague, the Minister of Justice, has proposed.

We are also proposing that when it comes to gun crime and people who commit crimes with firearms, especially in a repeated way, there should be mandatory jail terms. I am astonished that opposition members have resisted this. I am astonished that when the bill in its previous form went to committee, they watered it down. I am astonished that the majority of Liberals, when it came to a vote, voted against mandatory jail terms for the use of firearms in the commission of a crime. Why would the Liberals vote against that? Why would they not support it? It defies imagination. I have no idea, but our police officers tell us that we and they need that type of legislative tool to get some of the worst criminals off the street.

We have seen many situations whereby serious repeat violent offenders are arrested and it always falls upon the Crown to prove why they should be held in jail for their court times and not have bail. This is what we are talking about when it comes to repeat serious offenders. I have just read a docket on an individual with over 100 offences, almost two dozen of those being violent assaults, who is out on the streets again, with the impetus and the responsibility on the Crown to try to prove he should not be getting bail. That person should prove why he should have the right to be out on bail.

That is why we have this term: the reverse onus on bail. It is requiring these individuals, and again, we are talking about serious repeat offenders, to prove why they should have the right to be out there threatening our citizens on the street.

When it comes to protecting our children, I can remember sitting as an opposition member, a memory which I hope I will never have to relive as a member of Parliament. I hope the good people of Canada will continue to support what we are doing and I will not have to go through the situation of being in opposition, but there we were as an opposition caucus about four years ago getting a presentation from the Toronto police related to this very serious area of the exploitation of children, especially on the Internet. The officer who was presenting this talked about the fact that in Toronto alone in one year they seized over two million exhibits of children being exploited on the Internet and through other means.

The police begged. They said, “Please, continue to put pressure on the government of the day to raise the age of consent between a minor and an adult to at least 16 years”. We are not talking about between teenagers here.

We asked the government of the day to do that. For years we asked the government to do that and the Liberals never did it. They never stood up to protect our kids in that way. I remember saying in those days that any government of the land that does not stand up to protect the children of the land really forfeits the right to govern the land. That Liberal government is not governing any longer and yet the Liberals continue to resist, now in a Liberal-dominated Senate, this simple request to raise the age of protection for children from 14 to 16.

My constituents ask me what would motivate a group of individuals in the Senate to not want to protect children by raising the age of consent from 14 to 16. I do not know. I cannot explain it. I cannot explain why for years the Liberals opposite, right here in this assembly, resisted doing that, but they did. I do not understand it. I know most of my Liberal colleagues. I think they are decent people, but somewhere their thinking is wired in the wrong direction on this.

On Bill C-2, we are talking about a bill that addresses the area of serious, repeat violent crime. That is what we are asking for. It has been debated. It has been watered down by the opposition members. It has been out there for too long. The people of Canada deserve better. The people of Canada deserve to have a sense that the people who say they represent them are indeed doing that.

I believe this bill is going to accomplish something else. Often when opposition members leave this place at the end of the week, they go home and talk tough on these issues at home. But when they get back here, where they think they are in the safety of this chamber, they vote against the very measures they told their constituents they were going to be tough about.

Those days are over. The opposition is going to vote against dealing with serious repeat criminals. It will be obvious. The opposition will have to stand here and have to vote, and their constituents are going to see where they really stand. It is time to stand up for safety and security in our country.

We want a country that is more safe and secure. Naturally, we now have a safe country, but we must focus our attention on this matter particularly with Bill C-2.

I will close with a comment on national security. Canada is not immune to threats of terror. About four years ago Canada was listed with several other countries on a list by Osama bin Laden. Canada was on that list as a target country. Canada is the only one that was on that particular list and has not been hit. We want to keep it that way. It is our intention to keep it that way.

Our police officers need certain legislative provisions to help them in their job. To protect the national security of our country there are some provisions in the Anti-terrorism Act and a provision in our security certificate process. People from coast to coast have commented on this, from Vancouver to Halifax, from the north to the south and all points in between, that one thing that we have resolved is these provisions that will help us in dealing with the risk of terror incidents here in Canada.

Many of these provisions were put in place by the Liberals. They had a sunset clause on them, which is a good thing to have. It meant that after five years we evaluate those provisions to see if they have been abused in any way.

The provisions in the Anti-terrorism Act and the provisions of the security certificates were seen not to have been abused. That will be coming back.

I am asking the Leader of the Opposition to listen to the many Liberals and former Liberals, including the former deputy prime minister, the former public safety minister, my predecessor, and others. They are saying to the leader of the Liberal opposition, “please allow these protections to go through. Please allow our agencies to be equipped with the legislative tools they need to effectively protect us from acts of terror and people who are planning acts of terror”.

Strangely and shockingly, the Leader of the Opposition has flip-flopped on that issue. At least his last intention was not to support it. I believe that time here in this Chamber has allowed him to reconsider, just as it allowed him to reconsider not voting against the Speech from the Throne. He had some thought. He thought about the ramifications of that and he decided to support us in a meagre way.

I am asking that when it comes to safety and security, I am appealing to all colleagues in this House, that we would set aside partisan differences and vote together for a country that will be safe and a country that will be secure.