An Act to amend the Criminal Code (organized crime and protection of justice system participants)

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

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 often publishes better independent summaries.

This enactment amends the Criminal Code
(a) to add to the sentencing provisions for murder so that any murder committed in connection with a criminal organization is first degree murder, regardless of whether it is planned and deliberate;
(b) to create offences of intentionally discharging a firearm while being reckless about endangering the life or safety of another person, of assaulting a peace officer with a weapon or causing bodily harm and of aggravated assault of a peace officer; and
(c) to extend the duration of a recognizance to up to two years for a person who it is suspected will commit a criminal organization offence, a terrorism offence or an intimidation offence under section 423.1 if they were previously convicted of such an offence, and to clarify that the recognizance may include conditions such as electronic monitoring, participation in a treatment program and a requirement to remain in a specified geographic area.

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.

The House resumed from March 12 consideration of the motion that Bill C-14, An Act to amend the Criminal Code (organized crime and protection of justice system participants), be read the second time and referred to a committee.

Committees of the HouseRoutine Proceedings

March 26th, 2009 / 11:40 a.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, the member raised the question of delay of crime bills. I want to ask him if he feels that the Prime Minister was delaying crime bills, since there has not been a government bill in front of the justice committee for over a year now. The reason has been that, first, the Conservative chair of that committee at the time refused to let the committee function. Then we had the election call by the Prime Minister, who then prorogued Parliament, and we are still waiting.

As recently as Monday, Bill C-14, the gang bill, could have been before the House.

I am wondering if he feels that, on each of those occasions, his party and the representatives of his party were delaying the advance of crime bills in this legislature.

Committees of the HouseRoutine Proceedings

March 26th, 2009 / 11:35 a.m.
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Liberal

The Speaker Liberal Peter Milliken

Is there unanimous consent that Bill C-14 be referred to committee after second reading at the end of today's sitting?

Committees of the HouseRoutine Proceedings

March 26th, 2009 / 11:30 a.m.
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Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, the Minister of Justice may not have been aware of discussions among House leaders. Pursuant to those discussions among House leaders earlier this week, I wonder if there would be unanimous consent in the House that we would agree that by the end of the day today we will send Bill C-14 to committee.

Committees of the HouseRoutine Proceedings

March 26th, 2009 / 11:30 a.m.
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Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, maybe there was a little bit of confusion in the minds of the opposition. We are supposed to be debating Bill C-14, which is the government's anti-crime and anti-gang bill. That was supposed to be on the order paper today. All these people here purport to be supporting the government's anti-crime agenda. When they had the opportunity today, they got together and went back to their old habits. They all got together—

Criminal CodeGovernment Orders

March 12th, 2009 / 5:15 p.m.
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Conservative

Dona Cadman Conservative Surrey North, BC

Mr. Speaker, I will be splitting my time with the member for Glengarry—Prescott—Russell.

I am pleased to have this opportunity to express my strong support for Bill C-14. The bill proposes amendments to fortify the Criminal Code's responses to organized crime. Most notably, it takes direct aim at the increasing use of violence committed by organized crime.

This violence has eroded public confidence. This violence is disrupting people's lives and causing them to fear for their safety and, in the most extreme cases, this violence is costing innocent Canadians their lives.

With these amendments, we are sending the right message to Canadians and demonstrating our commitment to improving the safety and security of communities across Canada. As hon. members are now aware, this bill is focused on four separate areas.

I am pleased to hear that members of the opposition have already indicated that they intend to support this legislation. This demonstrates that they are finally appreciating the seriousness of the issue. I am extremely pleased that partisan politics has been put aside to advance this legislation quickly and in the interests of all Canadians.

The murder of another person is the most serious offence in our Criminal Code. Anyone who is found guilty of murder is sentenced to a mandatory penalty of life imprisonment. Those convicted of first degree murder are ineligible for parole for 25 years, while those convicted of second degree murder are ineligible for parole for a minimum of 10 years and up to a maximum of 25 years.

Section 231 of the Criminal Code classifies murder as either first degree or second degree. Some examples of where murder is currently classified as first degree include: murders that are planned and deliberate, such as contract killings; murders that involve specific victims, for example police officers; murders committed during offences of domination, such as sexual assault; and murders committed during the commission of explosive offences for a criminal organization.

Bill C-14 proposes to amend the classification provision pertaining to organized crime by broadening it to make all murders that can be linked to organized crime automatically first degree. The amendments focus on the link to organized crime specifically and the inherent danger that organized crime activity poses to the public. It would do this in two ways.

First, if it can be established that the murder itself was committed for the benefit of, at the direction of, or in association with a criminal organization, then it will be classified as first degree murder even in the absence of planning and deliberation.

Second, if it can be established that the murder occurred while the person was committing or attempting to commit another indictable offence for the benefit of, at the direction of, or in the association of a criminal organization, then it would be classified as first degree even in the absence of planning and deliberation.

These amendments send the right message. Canada is experiencing increasing high levels of gang violence. The rate of gang homicides in Canada has been consistently increasing over the last number of years, unlike the homicide rate, more generally, that has been decreasing.

Innocent people are losing their lives and public safety is suffering. This activity should be strongly condemned and deterred. I believe the proposed changes achieve this in no uncertain terms.

The second proposed area of reform targets another particularly serious and dangerous phenomenon. Drive-by and other similarly reckless shootings have the potential to harm, not only those who are the target of attacks but the public more broadly. These incidents are often indiscriminate and occur in the heat of the moment. They are easy to commit and difficult to prove.

Bill C-14 proposes a new offence to assist police officers investigating this conduct. This offence is aimed at those who would intentionally discharge their firearm with a reckless attitude toward the life or safety of another person. In other words, it does not focus on any specifically intended consequences but rather targets the deliberate disregard for another person's safety.

There is something particularly disturbing to me about a situation in which someone specifically turns their mind to the fact that the shooting of a firearm would put the lives of others at risk, but in spite of this fact goes ahead and shoots anyway. This activity cries out for a strong response, and Bill C-14 delivers it.

This offence would be punishable by a mandatory minimum penalty of four years of imprisonment and a maximum penalty of 14 years of imprisonment.

The minimum penalty goes up to five years of imprisonment if the offence was committed for the benefit of, at the direction of, or in association with a criminal organization. In addition, repeat offenders who have used a prohibited or restricted firearm or committed the offence for organized crime would be subject to a mandatory minimum penalty of seven years of imprisonment.

I strongly support this new legislation and I believe the public supports this kind of approach as well.

The bill also responds to assaults committed against peace and public officers. Two new offences are being proposed, one of assault against peace officers causing bodily harm or involving the use of a weapon, and the other of aggravated assault against peace officers. These offences are punishable on indictment by maximum periods of imprisonment of 10 and 14 years respectively. Both “peace officer” and “public officer” are defined in the Criminal Code, and include persons such as prison guards, wardens, border guards, customs officers and, of course, police officers.

Some might ask why these separate offences are created, when existing provisions address aggravated assault or assault causing bodily harm. The answer is relatively straightforward. Assaults committed against those who are responsible for the maintenance of public peace are an affront to Canada's justice system and the rule of law, and must be specifically denounced.

That is why, in addition to creating stand-alone offences, the bill would require a court to give primary consideration to the principles of denunciation and deterrence when sentencing an offender for any of the offences involving assault against police officers, as well as in cases involving the intimidation of justice system participants, such as judges, prosecutors or jurors.

Finally, the bill is focused on strengthening the use of the gang recognizance provision, or what is commonly referred to as a peace bond. A peace bond is a crime prevention tool that is aimed at preventing future offences from occurring. These amendments would clarify that when issuing a peace bond, a judge can impose any condition that he or she feels is necessary to secure the good conduct of the defendant.

The amendments will also extend the length of the order to up to 24 months if the defendant has been previously convicted of a criminal organization offence.

These amendments would also help us address the behaviour of those suspected of engaging in organized crime behaviour and hopefully prevent this activity from occurring in the first place.

I started my speech by noting that I was happy to see that the bill enjoyed wide support. I hope the support will enable us to move the bill through Parliament and into law as quickly as possible. Canadians deserve nothing less.

Criminal CodeGovernment Orders

March 12th, 2009 / 4:50 p.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Madam Speaker, it is true. I sat through all of that and it is true. I will repeat that and if anybody wants to take it outside the House, I would be quite happy to do that.

That is what happened. The government through its committee chair thwarted any work by the justice committee. It stalled all of the legislation. There were, as the justice minister said, five bills before the House and in that committee in that period of time and we could not deal with any of them because the chair constantly refused to allow the committee meetings to go ahead. That is what happened until June. We adjourned in June for our summer recess.

One has to ask, during that period of time, where was the government? Was it talking tough on crime? Was it telling the chairman to get back to work? No. Then what happened? The Prime Minister took it upon himself to decide that maybe he had a shot at a majority government. Does anyone think at any moment, at any second, it entered into his mind that he had to be tough on crime and keep the legislative process going to try to deal with some of the problems we are confronted with? Absolutely not. What did he do? He called an election. All of the bills that we had in the House and before the committee were gone.

What happened next? We came back in November after the election. The government was in trouble. The Prime Minister decided to prorogue Parliament. Does anyone think that at any time, for even a nanosecond he took into account his championing of being tough on crime? Absolutely not.

We came back after prorogation. We have been here for two months, and today for the first time we are debating the crime bill.

That is the record of the government. I know I am not supposed to use this term, but it is the height of lack of credibility on the Conservatives' part when they stand in the House, or out on the hustings and before public groups and claim they are tough on crime and it is a major consideration for them. When one looks at the history over the last 12 to 13 months, it is simply not true.

I have been asked on a number of occasions since Bill C-14 was tabled as to whether we would support it. I have indicated we would. Because of some of the provisions that are in it, I have been asked why. There are three reasons.

There are two good provisions in it. In the bill, we are extending protection to our police officers and our justice officials, something that has been needed for quite some time. Quite frankly, it could have been done in a number of criminal justice bills that we have had for the last four years, both under the Liberals and the Conservatives but it was never done until finally we are getting to it now.

Another reason for supporting it is that there are some specific provisions which go to something I am surprised the government caught on to. It is about prevention. There is a provision in the bill of extending the use of the recognizance sections of the Criminal Code, which are already there, for a longer period of time, from one year to two. The bill also extends the discretion that we are giving to the judiciary of conditions the judiciary can impose on people who have been involved historically in gang activity so that we can control them. We can in fact watch their conduct, what they are doing and with whom they are associating, including at the discretion of the judge, giving the judge the authority to require them to wear electronic ankle bracelets so we can track wherever they are.

It can require them to participate in a treatment program. A great deal of the people we deal with, as we have already heard today from other speakers, have mental health problems and addiction problems, so we can actually compel them to take part in treatment programs and tell them to stay within geographic areas. That means keeping them away from our schools and other places where they may be able to get at our youth, to stay in their homes for specified periods of time and to abstain from the consumption of drugs and alcohol, other than according to medical prescriptions.

We are expanding quite significantly the judicial discretion in this regard. It is a very good part of the legislation. It is, again, a part that we have needed for quite some time and it can be used as part of our fight against the street gangs and organized crime more generally.

Those are two reasons why we are doing it.

The third one, and this sounds perhaps a bit sarcastic, is that for those two reasons, there are other provisions in the bill that are really quite questionable in terms of any particular effectiveness they will have. As we heard in one of the questions from the Bloc, the Conservatives appear to be duplicating provisions of the Criminal Code that are already there and that could be used to deal with the type of conduct.

I know I am being a bit sarcastic, but if this will satisfy the Conservative Party and the Conservative government to move on to more meaningful conduct, then we will support the bill for that reason as well.

Let me address a couple of those areas.

We are, in effect, requiring first degree murder charges to be laid when the conduct that results in a death is associated with a criminal gang or terrorism. We have done this as a result of the battle that went on in Quebec against the bikers. We had amended the code in that period of time to deal with the use of explosives, again, both when it was related to organized crime and/or terrorism acts. If explosives were used in those circumstances and a death resulted, it was automatic that a first degree murder charge would be laid.

The significance is that if it is a first degree murder charge and the person is convicted, the sentence is automatically 25 years or life, which is a minimum of 25 years, so it significantly increases the potential penalty the person will receive if convicted. It makes sense to do that in the present set of circumstances of what we are dealing with in terms of organized crime.

It was interesting, in the last couple of days I have sat on both the justice committee and the public safety committee. Both times we were dealing with the issue of gangs and organized crime. What has come out in the course of that, from the RCMP and Border Services, is the number of gangs that have grown in the country just in the last few years. If we go back to 2004-05, the number of street gangs have almost doubled in that period of time.

They do not fit the traditional model. They are not large organizations or the stereotype of organized crime or the biker gangs. These tend to be smaller units, sometimes as few as four or five people, that are committing significant crimes and becoming more and more violent.

It is important to put into context the crime rate in our country when we look at this and why it is so important that we target the gangs. What has happened is the crime rates in Canada have gone down in every category over the last 20 years. The one exception is the crimes being committed by gangs.

Last year and the year before, approximately 20% of all the murders in the country were committed by members of gangs; that is a full one-fifth of all murders. A great deal of murders are being committed with guns that are being smuggled into the country and stolen from lawful users. Those are the kinds of targets we have to go after. Generally, the other provisions of the bill really do not do that.

We have what is colloquially known as the drive-by shooting section. We have now made that a crime. Quite frankly, there are any number of other provisions in the Criminal Code that would deal with that. It is hard to envision a scenario of a drive-by shooting that would not be caught by other provisions of the code, which have quite severe penalties, whether it be murder, manslaughter, second degree murder or criminal negligence. There are all kinds of other provisions that could be used.

To some degree, there is some smoke and mirrors in the bill. We are prepared to support it if we can get it through because of the other provisions around the recognizance and the protection that we would provide to our justice officials, including police officers.

In the last few minutes I will spend my time on what the NDP believes should be the real thrust of the government to deal with the spike in crimes in British Columbia, in 2005 in Toronto and around the end of the last century in Quebec, Montreal in particular. The Quebec situation is probably the best example, but in the studies and analysis I see of what went on in Toronto, the same thing was true there.

It has nothing to do with any legislation we can pass here. It is absolutely essential that we have an integrated process among all the police service agencies; that is the RCMP, the provincial police if there is one in that province, the local municipal police, the Canada Border Services Agency and on down the list.

It is one of the problems we have identified already in B.C. There is not enough coordination going on there. Crime does not pay attention to municipal boundaries. It crosses them on a regular basis and, at times, it crosses them because it may be easier to commit the crime in the other municipality. That integration and coordination is an absolutely essential requirement and it requires the government to look at providing additional resources to the police agencies across the country, particularly in the province of British Columbia.

The Conservatives promised a total of 2,500 police officers and they still have not fully delivered on that. They have not even come close. They led the country to believe they would do that. What they actually intended to do was to dump most of the costs on the provinces. A number of the provinces have been unable to match the federal money, so we still do not have the police officers on the street. The specific agencies that need to be covered, in terms of additional resources, would be part of that integrated strategy.

There was evidence in the public safety committee in the last Parliament that the witness protection program was bifurcated across the country. The federal one is very weak. It is not funded well enough by any means. The provinces and in some cases municipalities have had to take this responsibility on. They do not have the financial resources to do that, only the federal government does. They are still sitting on that work and have not done anything from what I have seen for the last almost two years.

We need to provide additional resources to our prosecutors. I think back to the problem of going after biker gangs in Ontario. We had one prosecutor, an articling student and one secretarial staff member to take on two of the largest defence lawyers and their firms in what would be a monumental case.

What happened was one of the chief prosecutors in the province had to threaten to withdraw services before enough resources were acquired to prosecute that case. There was a conviction in that case. The finding was that the bikers were in fact a criminal gang. That was a major breakthrough in Ontario. B.C. is in a similar situation right now. It needs additional resources.

We need to toughen up our proceeds of crime legislation. It is almost a bit of joke. What has happened again is the provinces, having given up on the federal government, have begun to do this much more effectively than our federal legislation.

I should recognize the work of my colleague from the Bloc on the justice committee. We are studying organized crime. I know this is one of the areas we will look at and come back with recommendations of how we need to strengthen our proceeds of crime legislation. That will go right at the gangs, both the traditional, organized ones and the street gangs.

Finally, we need to increase our prevention programs. It was interesting to listen to the Minister of Justice stand and brag about how much they had done in that regard. The Conservatives only spent 60% of what they had allocated for prevention programs in the 2008-09 budget. My perception is that a number of the programs they chose would not be very effective.

What the Conservatives have done is treat this almost like a business. They want criteria that will fit nicely in a business organization, but has nothing to do with criteria we would need to determine whether the agency is successful in preventing crime and keeping kids in recreational programs and other programs that keep them off the street and away from drug consumption and other crime. Instead, they have set up this very rigid almost meaningless criteria of a business case that these agencies have to show in order to prove they should have money to prevent youth, in particular, from getting involved in crime.

In summary, the NDP will support this at second reading. There are a couple of questions I have on the bill that may require amendments at committee, but, at best, that would be fine-tuning. We expect to get this through committee very quickly and back to the House for third reading and passage and put the provisions that are useful into work. We will do that as rapidly as we can. Then, hopefully, we will see some additional work by the government to get at the real problems we face in the country, in B.C., in particular, give the agencies the resources they need and begin to drive down the rate of crime and in that community, the rate of murder, in particular.

Criminal CodeGovernment Orders

March 12th, 2009 / 4:40 p.m.
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Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Madam Speaker, I listened very intently to the comments of the member opposite. I am happy to hear that at least in principle his party is prepared to support Bill C-14.

I listened to his comments regarding mandatory minimum sentences and they disturbed me slightly. We have heard compelling testimony at the justice committee and elsewhere. The hon. member is a member of that committee and makes very constructive contributions to that committee and I commend him for that.

We have heard very compelling testimony from families of victims whose loved ones have been murdered by individuals with multiple Criminal Code convictions and while they were either on bail or on judicial interim release.

In light of that type of compelling testimony from the family members of deceased victims of crime, I am curious why he does not support the imposition of minimum mandatory sentences.

Criminal CodeGovernment Orders

March 12th, 2009 / 3:55 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Madam Speaker, this is the first time I have had an opportunity to speak to the House when you have been in the chair. I congratulate you on your appointment as Acting Speaker.

I am very happy to speak on behalf of the Liberal opposition on Bill C-14, An Act to amend the Criminal Code (organized crime and protection of justice system participants).

Let me be very clear at the outset: the Liberal Party will be supporting Bill C-14. In fact, the Liberal Party offered to work with the government to expedite the passage not only of Bill C-14, but of the companion Bill C-15, which amends the Controlled Drugs and Substances Act. We see this debate as important, but we also see a need to be expeditious and to ensure that these measures are adopted in due course, without undue obstruction or delay.

The Liberal Party views the improvements brought in Bill C-14 as modest measures. We see them as needed to address the real concern for public safety, particularly in communities that have seen the devastating effects and associated violence of organized crime, most recently in Vancouver. We think the government could have gone further in a number of measures. I will be addressing those in a few minutes.

Basically, Bill C-14 seeks to make four changes. It changes the sentencing provisions of the Criminal Code so that every murder committed in connection with a criminal organization is to be considered first-degree murder, regardless of whether there was premeditation. It creates a separate drive-by shooting offence, with a minimum mandatory sentence of four years.

The minister likes to talk about creating this important drive-by shooting offence. If he is honest, he will hardly be able to say that it is a glaring hole in the Criminal Code at present. Anybody who engages in such reckless criminal behaviour as a drive-by shooting surely would be facing severe criminal penalties now. However, if the bill provides a measure of assurance to the public that there would be a separate offence with a four-year mandatory minimum sentence, the Liberal Party sees that as reasonable.

Bill C-14 also creates mandatory minimum sentences for the offences of assault with a weapon and aggravated assault on a peace officer, and it seeks to protect others who work in the criminal justice system, including prosecutors and judges. It extends the duration of recognizance by two years for a person who has previously been convicted of a gang-related or terrorism offence or who is suspected of planning a similar offence.

We in the Liberal Party recognize that the measures in Bill C-14 are modest, but necessary to reassure the public, which is increasingly concerned about public safety in certain communities. Vancouver, recently, and, in the past, Montreal, Toronto, Winnipeg and even Halifax, in the Maritimes, where I come from, have had problems with gangsterism and organized crime. This is a real concern for people.

To some degree, the Prime Minister and the minister himself, in their discussions on changes to the Criminal Code are always looking for confrontation. They try to turn the dicussions into partisan matters. They say the government supports these measures but that we in opposition keep trying to block, delay or prevent the passage of them. That is why I am pleased to be able to say the Liberal Party offered to fast-track passage of Bill C-14 and Bill C-15, two bills we will support.

It is often useful to examine a bill from the standpoint of what is not in it.

What specific items might the government have included in Bill C-14 that it did not put in?

We are particularly worried about the three requests the Government of British Columbia made. The Attorney General and the Solicitor General of British Columbia made these requests when they were in Ottawa a couple of weeks ago.

They met with opposition parties and members of the government. They asked Parliament to amend the Criminal Code to reduce the two-for-one remand credit. When somebody is incarcerated before a trial or a conviction because the person has been denied bail or chooses to waive bail and in fact is in a detention centre prior to a trial, often the courts will count the time spent in pre-trial custody as two days for every one day of a sentence, which leads to certain public consternation. When a sentence is ultimately imposed by the judge, the judge often reduces the sentence by a large factor for pre-trial custody.

In the view of the Government of British Columbia and in our view, that can be reduced. We can legislatively restrict the ability of the courts to allow for that two-for-one credit. We are told that in some jurisdictions, it can be as high as three for one, and we think it has become an abuse of the justice system.

The Government of British Columbia also asked for improvements to lawful access and to modernize investigative techniques. Often members of organized crime have the latest communications equipment and the most sophisticated electronic communications. Our laws with respect to search warrants and electronic surveillance have not kept up with this new technology. Improvements can be made to criminal legislation to allow police, when they get a search warrant, to be able to gain access to communications on cellphones, in emails or on wireless communication devices such as BlackBerrys.

My colleague, the Liberal member for Notre-Dame-de-Grâce—Lachine, has a private member's bill that seeks to do exactly this. A Liberal bill introduced by the previous Liberal government in 2005 sought to modernize investigative techniques. There again the government chose not to move on that.

The government may decide to introduce legislation to deal with the remand credit, to deal with modernizing investigative techniques, and to look at the issue of disclosure, which has become a huge burden on provincial justice systems. These are the three things we heard the Attorney General of British Columbia cite as being priorities to deal with the crisis there. If the government decides to move on those issues, we would work with it to expeditiously pass reasonable measures to deal with those issues as well.

We were somewhat disappointed by Bill C-14 and have described its measures as modest, because the bill is silent on these improvements.

One of the difficulties we have also with the Conservatives' approach to criminal justice is that they obsessively focus on the back end of the problem. They like to talk about more severe punishment. They like to talk about stiffer sentences.

Those improvements have their place in a criminal justice system, and we acknowledge that if they are balanced and reasonable, we can in fact improve criminal legislation to deal with the worst offenders and the most serious crimes.

However, what they never talk about is the other part of the criminal justice system: prevention.

The Conservatives like to have a policy that punishes the offender once there is already a victim, instead of taking increased steps to work with police, community groups, provincial governments and not-for-profit groups that want to do things in the community to try to reduce and prevent crime before there is a victim. In cases of organized crime, victims often face tragic consequences, including serious violence or loss of life.

If one talks about getting tough on crime, one has to accept that we also need, for example, to work with provincial governments on difficult issues such as mental health and addictions. If there is a great shortage of in-patient addiction facilities in my province of New Brunswick and an inadequate mental health system to deal with criminal justice circumstances, then communities are not as safe as they could be if the Government of Canada worked with the Province of New Brunswick and other provinces to meet their specific needs.

The Province of New Brunswick is looking at setting up a drug court. In certain cases involving drug addicts who have not participated in organized crime or violent offences, such a court may offer a sentencing regime that will deal with the root cause of their criminal activity, their addiction, and thus make the community safer by bringing about treatment and, hopefully, a cure for somebody who faces something as difficult as a serious drug addiction.

These are important elements of a criminal justice plan as well, but the government consistently fails to advocate in favour of greater resources for police or greater resources to help provinces with a shortage of crown prosecutors, or to work with provinces to improve mental health services, addiction services or youth programs, which are often essential in improving the security of a community.

We consider these matters just as important as the legitimate desire of the public to have teeth added not only to the Criminal Code but particularly to the sentences given criminals who commit the most serious crimes.

Instead of introducing a number of measures at once, the minister insists on bringing us his bills one at a time. Is it because the Conservatives have nothing else on their legislative agenda? Is it because they are still trying to make criminal justice announcements to override the bad economic news Canadians now read and hear about almost daily? We do not know, but if the Conservatives insist on turning these matters into partisan debates, they will end up undermining their own idea of passing bills to improve public safety.

I will conclude by saying every member of the House must accept the responsibility to improve the safety of all our communities. I represent a rural community in New Brunswick. The largest town is probably Sackville, New Brunswick, where Mount Allison University is located. It has a population of around 5,000 people. Other members in the House represent some very large metropolitan areas, some of Canada's largest and most dynamic cities, and they are seeing very difficult challenges around organized crime and violent crime.

I say that if we work together cooperatively in a balanced and measured way, we can collectively make improvements to criminal legislation that will make communities safer. At the same time, we can respect the individual rights of Canadians and the Charter of Rights and Freedoms. We can also do a lot more around preventing crime, as well as around preventing victims from being created and thus having to punish an accused person.

The House resumed consideration of the motion that Bill C-14, An Act to amend the Criminal Code (organized crime and protection of justice system participants), be read the second time and referred to a committee.

Business of the HouseOral Questions

March 12th, 2009 / 3:05 p.m.
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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, the hon. House leader for the official opposition has many questions for the Thursday question and I will try to get to all of them.

Today we will continue debate on Bill C-14 on organized crime, which he mentioned. Following Bill C-14, we will consider Bill C-15, drug offences, and Bill C-16, the environmental enforcement act in that order.

Tonight we will complete the debate on the first report of the Standing Committee on the Status of Women.

Tomorrow we will begin debate at third reading of Bill C-2, the Canada-European free trade agreement and continue with any unfinished business that carried over from today.

When the House returns from the constituency week, we will continue with the business from this week, with the addition of Bill C-9, transportation of dangerous goods, which was reported back from committee.

You can add to the list for the week we return, Mr. Speaker, Bill C-7, marine liability, Bill S-3, energy efficiency, and Bill C-13, Canada grains, which are all at second reading and any bills that have been reported back from committee by then.

As to one of the questions that the member specifically mentioned, the last day in this supply period shall be on Tuesday, March 24, when the House will vote on supplementary estimates C, interim supply and the interim supply bill. As he noted, it is a very important day as these are the resources necessary to provide the stimulus to which we have all been looking forward and which Canadians are greatly anticipating.

Hopefully, the Senate will have passed the budget bill, Bill C-10 by then. In fact, as my colleague mentioned, my understanding is the opposition has suddenly discovered the parts of the budget bill that pertain specifically to the extension of employment insurance benefits, which will come into effect immediately upon royal assent of Bill C-10, the budget implementation act. Therefore, rather belatedly, the Liberal senators have decided to work with the Conservative senators in the other place and get the bill passed expeditiously. I hope that takes place this afternoon. It would be therefore my hope as well that royal assent could take place as early as this evening and we would see that bill enacted as quickly as possible.

As to the reiteration of my colleague's support for Bill C-14 and Bill C-15, our two latest justice bills, I welcome his support and I appreciate that. We are open to moving these bills through all stages as quickly as possible. Failing that, we would look to put up a minimum number of speakers, as we have done on many pieces of legislation already in this session, to move legislation through as quickly as possible. The problem, as my hon. colleague well knows, is not with the official opposition on or of the Conservative Party, the Conservative government, but with the other two parties, which are unwilling to do so.

Business of the HouseOral Questions

March 12th, 2009 / 3 p.m.
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Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, I have the usual Thursday question about House procedure for the next couple of weeks. We all know that next week is scheduled to be a week to work in constituencies.

Therefore, I would like to ask the government House leader specifically what he has in mind for tomorrow and then the week following the constituency work week. Specifically in that week, which day will he officially designate as the final allotted day in this supply period? That would be the day not just to deal with an opposition motion, but also the supplementary estimates and the appropriations act, dealing with interim supply. It is very important for the House to know in advance which day that will be.

Second, I would ask the hon. gentleman, again, if there would be a mood in the House, apropos some of the subjects dealt with in question period, to move expeditiously on Bills C-14 and C-15. It was over a week ago that the official opposition offered co-operation to expedite those two pieces of legislation dealing with gangs and drugs. We renew that offer today in order to move those items forward quickly.

Finally, with respect to Bill C-10, which is in the other place, as we understand the developments as of today, it is possible that the other place will today finish its deliberations with respect to the bill, at the initiative of the Leader of the Opposition. I would ask the government House leader if he could indicate when there will be royal assent arranged for Bill C-10. Would he expect that to happen tonight or tomorrow?

Criminal CodeGovernment Orders

March 12th, 2009 / 1:55 p.m.
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Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeMinister of Justice and Attorney General of Canada

moved that Bill C-14, An Act to amend the Criminal Code (organized crime and protection of justice system participants), be read the second time and referred to a committee.

Madam Speaker, I am proud to speak to this very important piece of legislation. Across Canada, we have been witnessing an escalation in organized crime activity, including gang violence.

Like a number of Canadians, I am profoundly troubled by the wave of violence associated with organized crime and particularly with street gangs.

Organized crime affects all our communities in all the regions of this great country and I think it would be fair for me to say that there is unanimous agreement, hopefully, from all parties, that action is needed. Despite what we saw with the concurrence motion today, I am hoping that the hon. members at this end of the House will get the message that Canadians want us to move forward on organized crime legislation.

The last thing Canadians want at this time is to have this bill held up by political posturing and to unduly delay these necessary Criminal Code measures to effectively fight organized crime and gangs.

I will be clear that this bill is a priority for this government and, therefore, we will only be putting up a few speakers to try to expedite its passage. We would expect the bill to be debated and passed to the Senate before the Easter break. This would ensure the bill receives royal assent well before the summer recess.

It is incumbent, in my opinion, upon all members of Parliament to walk the walk and talk the talk to ensure legislation like this gets passed in the House.

With this bill, we are proposing firm but appropriate responses to some of the growing problems of organized crime and their threats to public safety. I am hopeful that hon. members will do the right thing and expedite its passage because, according to the Criminal Intelligence Service Canada, approximately 900 identifiable organized crime groups are operating in urban and rural communities across Canada. The majority of these criminal organizations operate at the street level where they are generally referred to as street gangs. A high proportion of these groups are involved in trafficking in such things as drugs and stolen property.

This is why, coupled with this piece of legislation, we have introduced another bill as well. The next bill in our line of fighting crime in this country deals specifically with drugs because we know drugs are the currency of organized crime and gangs. I hope that bill receives appropriate treatment by the House, and by that I mean that it is expedited and moved through this process so Canadians will get the kind of laws they want and deserve.

Criminal organizations rely upon networking and collaboration with other criminal groups to conduct their illegal activities. However, regardless of their motives and their level of sophistication, these individuals are a plague on our communities. With these elicit activities comes, of course, gang violence and, tragically, this violence has profound effects--

March 9th, 2009 / 4:50 p.m.
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Conservative

The Chair Conservative Ed Fast

I believe Mr. LeBlanc makes a good point. Perhaps the way we could do it is simply pass the motion that we're going to do a study where we travel to a number of cities, and refer to the steering committee, which will be meeting tomorrow. I'll also get the clerk to look at times and dates and when this might work.

We'll also consult with the government and make sure this works with Bills C-14 and C-15 so that we don't neglect or delay them. Then we'll come back to you with a proposal on Wednesday, because next week, of course, we have our break. Next week there won't be any sitting of the committee unless we receive other instructions.

Does that sound good?

Monsieur Petit.

March 9th, 2009 / 4:50 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Sure, Mr. Chairman.

In the effort to try to arrive at some consensus, I think Réal's point is a good one. We shouldn't see this as an either/or proposition. I've accepted that the legislation should be a priority. We should take the bills separately.

My understanding--and I'm going by memory, Rob--is that they're being debated in the House as early as Wednesday of this week. That was the plan on some calendar I saw last week. So they may in fact be disposed of on Wednesday or Thursday of this week in the House and then referred to the committee.

I'm going by what Brian Murphy was telling me after the last meeting. I think the idea, to answer your question, Rob, was that we would have a one-week trip, or maybe two one-week trips, but we would start with one week. We would try to travel as a committee to as many of these cities as we can logistically. The chair and the clerk can come up with a proposal of what might work: do a five-day week, but a sitting week, where the committee would travel and the whips would allow the committee to travel while we were sitting.

That study itself is not necessarily part of the study of Bill C-14 or Bill C-15. They're complementary. They would be overlapping to some degree, but the study of the legislation is separate, and we would work with the government and the other opposition parties to try to have a very brief study--two committee sittings or something--of Bill C-14 and not necessarily interfere with the trip.

Realistically, the earliest time that we could travel is either the week before Easter.... We're three or four weeks away from being able to do a one-week trip, so somebody should come up with a proposal of what a one-week trip might look like. Realistically, we'll be dealing with Bill C-14 in the committee in the first week we're back after the break anyway, so one doesn't necessarily replace the other.

If we're going to travel, it's going to be the week before the Easter weekend, which is only three sitting weeks from now anyway, or even when we come back from Easter. I think somebody should work on a proposal for what a five-day trip would look like.