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 the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-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
C-2 (2013) Law Respect for Communities Act
C-2 (2011) Law Fair and Efficient Criminal Trials 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.

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 12:55 p.m.

Bloc

Robert Bouchard Bloc Chicoutimi—Le Fjord, QC

Mr. Speaker, I am pleased to have this opportunity to address the bill that amends the Criminal Code and makes consequential amendments to other acts. As you know, I come from a region, Saguenay—Lac-Saint-Jean, where the crime rate is very low. Still, I want to take part in today's debate to raise an issue that is a major source of concern for people in my region and in my riding.

It goes without saying that the Bloc Québécois worked actively and positively in committee to improve some of the provisions of Bill C-2. Incidentally, I want to congratulate in particular the hon. member for Hochelaga, who did a great job at the Standing Committee on Justice and Human Rights, and also the hon. member for Châteauguay—Saint-Constant, for her contribution.

Based on what we heard from a large number of witnesses, it is obvious that many Quebeckers and Canadians want some changes to the current justice model.

The committee's consultation process and the message conveyed by our fellow citizens showed two things. First, a large part of the population is concerned about the current justice system and, second, it does not want an American type of justice system.

We believe that the American justice system has produced disastrous results. The Bloc Québécois deemed appropriate to propose a series of amendments to Bill C-2. Unfortunately, the Conservative government kept none of the six amendments that we proposed, even though some of them enjoyed the unanimous support of the public security ministers in Quebec and in the provinces. It is unfortunate that the Conservative government does not take into consideration the fact that this is a minority government.

I would like to briefly mention the six amendments that reflect Quebeckers' values. In my region, the Minister of Labour, who represents the riding next to mine, said that Bill C-2 reflects the public's will. The Minister of Labour should have said, rather, that Bill C-2 reflects the ideology of the minority Conservative government. That is what he should have said first and foremost.

The Bloc suggested, therefore, that parole after one-sixth of the sentence has been served should be abolished. We should also put an end to virtually automatic statutory release after an inmate has served two-thirds of his sentence. The Bloc proposed another amendment as well to the effect that there should be a formal evaluation by a professional of an inmate’s overall risk of re-offending.

In addition, the Bloc suggested that onus of proof should be reversed in the case of criminals found guilty of the offences of loan-sharking, procuring, robbery, fraud over $5,000 and counterfeiting in order to facilitate the seizure of assets that are the product of crime.

We also said that the police needed better tools to deal with the problem of street gangs, especially longer warrants for investigations carried out by means of tailing with a GPS.

It should be against the law to wear any symbol, sign or other mark identifying the wearer as a member of a criminal organization that has been recognized as such by the courts.

Finally, we should eliminate the rule that the time spent in pretrial detention counts double when sentences are determined. Sentences should be deemed to have started on the first day of detention, rather than when sentences are passed.

The minister labour thinks that Canadians want new justice legislation. I agree with him to the extent that the Bloc supports the principle of these changes. This does not mean, however, that Quebeckers and Canadians agree with everything in Bill C-2. When bills are introduced, some changes can be made without changing them completely. We need to adapt to the realities of life in Quebec and Canada.

As I said, the Bloc Québécois supports Bill C-2 in principle and takes crime very seriously. However, when five bills are amalgamated into one, it is only to be expected that some doubts will arise. The Conservative minority government has a duty not to play partisan politics with an issue as important as the justice system.

The Bloc Québécois believes that what really needs to be attacked first and foremost are poverty, inequality and exclusion. They aggravate the frustrations and crime in our communities if not dealt with by the government on a priority basis.

The Bloc Québécois knows very well that many changes must be made to the current justice system and that some adjustments to the Criminal Code are essential. The government has a duty to take action and use the tools at its disposal to enable Quebeckers and Canadians to live safely and peacefully.

The measures introduced must have a positive impact on crime. They must be more than rhetoric or a campaign based on fear. We must avoid copying the American model, which yielded much less positive results than anticipated.

Crime has been steadily decreasing in Quebec, as it has in Canada for the last 15 or so years. Statistics Canada recent stated that in 2006, the overall crime rate in this country hit its lowest in 25 years. Quebec had its lowest homicide rate since 1962.

Unfortunately, there will always be crime in our society. We can never fully eradicate all crime. But statistics show that the current approach should not be discarded in favour of the US model. This means that we must look for improvements while keeping an open mind about the realities facing Quebeckers and Canadians.

In the past, Quebeckers have relied on individualized justice based on a judicial process that is flexible and suited to each case, with positive results. The homicide rate in Quebec is one of the lowest in Canada and is four times lower than in the United States.

Bill C-2 brings together old bills that we largely supported, such as Bill C-10, Bill C-22, Bill C-27, Bill C-32 and Bill C-35.

Justice is an important issue, and this model must truly correspond to the realities facing Quebec and Canada.

In conclusion, I would like to say that Quebeckers and my constituents from Chicoutimi—Le Fjord do not want a justice system based on the U.S. system.

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:05 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, it is an important area that we have been talking about. The hon. member talked about more than the report stage motion.

A number of bills which were halted on prorogation of the first session of this Parliament had the opportunity to be reinstated at the same stage of the legislative process that they had reached on prorogation. There are five bills which were not reinstated at the relevant stage of the legislative process, and instead, their subject matter has gone into an omnibus bill, Bill C-2, and the process has started all over again.

Would the member care to comment on the apparent rationale of why we should delay these bills from moving forward as swiftly as possible by putting them in a brand new bill? What is the motivation in the member's view?

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:10 p.m.

Bloc

Robert Bouchard Bloc Chicoutimi—Le Fjord, QC

Mr. Speaker, by combining five bills into one, that is, Bill C-2, the Conservative minority government is clearly pursing an ideological approach that verges on repression, one that is similar to the American model.

The Conservative Party minority should have taken this much more seriously and taken a democratic approach, that is, it should have considered the Bloc Québécois' six amendments, as well as others, all meant to improve such a bill.

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:10 p.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, I am having some difficulty. We posed this question to the member's party last week, but we did not get much of a satisfactory answer.

What is before us today is an amendment which the NDP moved to take out the most onerous provisions of the dangerous offender part of Bill C-2, which is the provision that has a reverse onus. It flies in the face of the historical way we have done criminal law in this country and in England for centuries and centuries. Yet the Bloc has signalled that it is going to vote against that amendment.

I wonder if the member could attempt once again to explain the rationale for his party's voting against what appears to be a very sensible amendment to the bill.

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:10 p.m.

Bloc

Robert Bouchard Bloc Chicoutimi—Le Fjord, QC

Mr. Speaker, I thank the hon. member for his question. As I said in my speech, the Bloc Québécois will support Bill C-2 in principle.

However, we would have liked to see Bill C-2 incorporate the six amendments we proposed. The Conservative Party put forward its version, its bill, which is similar to the American model and does not take into account our amendments.

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:10 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, it is important that we are getting into this philosophical thing about let us get the bad people in jail.

Is the member aware of any characteristics of people who may have committed crimes that should not in fact be subject to some of the punitive measures for other circumstances, such as fetal alcohol spectrum disorders?

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:10 p.m.

Bloc

Robert Bouchard Bloc Chicoutimi—Le Fjord, QC

Mr. Speaker, under our amendments, a convicted criminal must be imprisoned and excluded from a conditional sentence. Of course, it is for theft convictions and other similar offences that these amendments should appear in the legislation. This is why we are calling once again for these six amendments proposed by the Bloc Québécois to be included in Bill C-2.

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:10 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I am pleased to participate in the debate at report stage motion on Motion No. 2, and generally on Bill C-2, which is an omnibus bill consolidating five previously introduced justice bills.

I would encourage members to look back to the last session to the speech of the member for Windsor—Tecumseh in which he gave his, I think, respected views to the House about the problem with introducing 10 or so bills in sequence, all of which would have to go to the justice committee, which could not possibly deal with them all at once.

It would have to deal with them one at a time. By doing that, the government was basically frustrating the process. We should have had an omnibus bill right from the beginning of the last session in order to include some of these items where the same witnesses could have appeared and the same or similar Criminal Code amendments or whatever might have been introduced.

I want to encourage members to look at that speech because what is happening right now with Bill C-2 is exactly what the member said. I think that is why this House honoured that member as the most knowledgeable member of Parliament in a recent survey. I congratulate him on that. It was well-deserved and earned, and I think his record shows it.

I asked the member earlier about whether or not there were certain conditions or criteria or exceptions that would be taken into account with regard to sentencing and penalties as prescribed under the Criminal Code. I specifically mentioned fetal alcohol spectrum disorder not only because it is a matter that I am interested in, and I have tried to do some work on, but because there is clear evidence and testimonials by lawyers and by judges that as much as half of the people who appear before the criminal courts suffer from alcohol-related birth defects.

People who suffer from alcohol-related birth defects, like some form of fetal alcohol spectrum disorder, have a problem understanding the difference between right and wrong. They have brain damage. They are in a situation where it is a permanent condition. They are in a situation which cannot be rehabilitated, and yet we have a criminal justice system which says that if people do something wrong, they go to jail. They go there, and what do we do? We put them in a program of rehabilitation

I see a tremendous contradiction in suggesting that somehow all persons in Canada who may run afoul of the laws of Canada and be guilty of a criminal offence have to be subject to the same identical sanctions and criteria for those sanctions. There are certain circumstances for which I believe they should not be.

I wanted to put that on the table because it is not good enough to just have a slogan of “Let's get tough on crime”. It is not good enough for me. I do not think it is good enough for Canadians. We have to be smart on crime. We need to spend as much time on crime prevention as we do on tough penalties and hope that it is a deterrence.

When we talk about mandatory minimums, we are not touching the prescribed maximums. They are still there. They are a discretion, but when we have mandatory minimums, what we do is in fact impinge on the judicial discretion.

Every case is different. I thought that under the laws of Canada, we would have a system which would be responsive to the facts on a case by case basis, taking into account that a crime has occurred, but what were the circumstances?

We do know if there is mental incompetence, there are certain possibilities. We do know if there is coercion or there is some other problem, that it may be taken into account in sentencing, but when we get into the situation of mandatory minimums, it gives the judge no latitude whatsoever to have sentences which would be lower and prescribe, in lieu of that, some other treatment, rehabilitation or appropriate assistance because this person had some extraordinary circumstances.

I wanted to raise that. The previous Liberal government brought in mandatory minimums. There is a level, but we should not raise them to levels in which the mandatory minimums are so high that we in fact impinge on judicial discretion.

I have given this speech before, but I wanted to reiterate that I have no problem with being firm on crime, to strengthen the dangerous offenders provisions for criminals, for bad people, for repeat offenders. Those are important. Canadians expect that. Our legal system must reflect that. We have to deal with those things and we have to have the tools, but what is being created here is somewhat more rigid and maybe not as effective as it otherwise might be.

I raise it for members to be considering as we do this. I am pretty sure that we are going to have support for the omnibus bill, but I think that we are going to always have to be vigilant about what we have done, and what the implications and results are of taking those steps. We have to make sure that we are vigilant enough to make sure that maybe we have gone too far. It is now going to be up to the legislators to be able to monitor what they have done. Hopefully we have not gone too far, but I am still concerned about the issue of judicial discretion.

Bill C-10, which is part of this omnibus bill, deals with the mandatory minimum penalties. It creates two new offences: an indictable offence for breaking and entering to steal a firearm, and an indictable offence of robbery to steal a firearm.

Since there are five bills here, it is impossible for any member to deal with the entire omnibus bill. It is almost impossible for a committee to properly do some of these things when so much is piled on. Where is the prioritization here? There are certainly things that had to be done. There is no disagreement in this place. It could have been fast-tracked through this place.

There is no reason why some of these bills had to be in this omnibus bill. They should have been brought back at the same stage of legislation, and they should have been passed promptly and swiftly, sent to the Senate, returned here, given royal assent and become law in Canada.

I do not know whether there is other work to do in terms of regulations or other matters, but when we have something that is the right thing to do, let us take the most expeditious and the least litigious route to get there. What we have done is taken the longest route and the most convoluted route to get important legislation through, and I do not understand why. What is the motivation of the government to do this?

It piled on 10 bills in the last Parliament. We could not possibly do it, yet the Prime Minister, in the last press conference I saw him give on this, said the Liberals delayed the bill for 1,000 days. We have not been here 1,000 days. I am pretty sure we have not. That also is calendar days and it includes the five months that the House of Commons was not even sitting and could not hear these bills, although a committee could choose to sit outside of the time. It did not take into account the fact that when the justice committee is sitting and dealing with a bill, the other nine bills are waiting to be dealt with. We have to deal with one at a time.

It appears that there is a strategy simply to keep bills in front of this place, to continue to parrot throwaway lines like “I am tough on crime”, but not to deliver effective legislation on a timely basis, which is what we need. That is the issue here.

The Conservatives think Canadians are going to just roll over and say, “Yes, we want to be tough on crime”. They better understand what underlies that because we have some issues here. There are not enough of us, I do not believe, to defeat this omnibus bill, but I think that this approach and what the government has done with regard to these bills has been such that the public interest has not been properly served.

I have a lot more to say and I would ask for the unanimous consent of the House to continue on for another 10 minutes.

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:20 p.m.

The Acting Speaker Andrew Scheer

Does the hon. member for Mississauga South have the unanimous consent of the House to continue speaking for another 10 minutes?

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:20 p.m.

Some hon. members

Agreed.

No.

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:20 p.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

Mr. Speaker, I listened with interest to what the hon. member had to say. Of course, he has been here for more than 1,000 days and during that period of time he has witnessed quite a few things occur, like gun crime in the city of Toronto, which has expanded greatly, and violent youth crime, which expanded greatly under the previous government. The Liberals did not act. They did not do anything about it.

The hon. member talked about allowing the courts the ability to make decisions to give them lots of room, so that they could look at each individual case on its merits, but he knows full well that the issue of precedence weighs large in courts. Lawyers stand up and say, “Yes, but here is a case that was exactly the same where the person only got house arrest for this violent crime”, and the court's hands are tied.

What our government is saying, a government that is standing up for safety, safe streets and communities, is that we will not allow these issues of precedence, these of issues of soft on crime decisions, to affect justice in the future. We will give them some guidelines. We will say that this is the minimum that Canadians should expect.

I do not understand why the member would have a problem with that, with supporting this comprehensive legislation and protecting communities, ones, quite frankly, very close to his own.

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:25 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I will not get the quote right, but what I heard in substance was that a person only got house arrest and that puts the court in a situation where it has no way to deal with the matter.

When we think about it, house arrest would be ordered by the courts. It is not impeding the courts. I do not know where the members is coming from.

Let me try again with regard to the omnibus bill itself. It is not a matter of whether we are soft on crime or tough on crime. The matter is that we are legislators. We had an opportunity to have this legislation passed more quickly. That is not going to happen now. That is justice and legislation delayed. That means justice and legislation denied.

It is extremely important for the member to understand that the government has taken a course where it has delayed five important bills by putting them in an omnibus bill and making them start all over again, when it had the opportunity to have them move forward in an expeditious fashion so we could have good laws in Canada.

Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:25 p.m.

Liberal

Yasmin Ratansi Liberal Don Valley East, ON

Mr. Speaker, I am pleased to rise to speak to Bill C-2. The bill, which is an omnibus bill, combines five previously introduced Conservative justice bills into one, Bill C-10, Bill C-22, Bill C-27, Bill C-32 and Bill C-35.

Canadians need to know what exactly this omnibus bill is really about. It is an omnibus bill that tries to combine five pieces of legislation together. Why is it necessary to combine all these bills and how will it affect legislators?

What is the intent of the Conservatives in getting all these bills together when they were fast-tracked previously? They were debated in committee thoroughly, amendments were made, and these amendments strengthened the bill and the legislation.

We, as parliamentarians, have a responsibility, and the responsibility is to be cognizant--

Speaker's RulingTackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:25 p.m.

The Acting Speaker Andrew Scheer

I apologize for interrupting the hon. member for Don Valley East. We have to deal with a couple of the issues with report stage then the hon. member can continue.

I would like to deliver a revised ruling with respect to the report stage of Bill C-2. It has come to my attention that of the five motions originally received in amendment for the report stage of Bill C-2, Motions Nos. 1 and 5 are in fact consequential to Motion No. 2.

Accordingly I will allow both Motions Nos. 1 and 5 to be selected and moved. However, I note that they will be in the same group as Motion No. 2 and that the vote on Motion No. 2 will apply to these two newly selected motions.

A revised voting pattern is available at the table.

Motions in amendmentTackling Violent Crime ActGovernment Orders

November 26th, 2007 / 1:30 p.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

moved:

Motion No. 1

That Bill C-2, in Clause 40, be amended by replacing line 6 on page 37 with the following:

“vision ordered under subsection”

Motion No. 5

That Bill C-2, in Clause 56, be amended by replacing line 6 on page 50 with the following:

“vision ordered under subsection”