Serious Time for the Most Serious Crime Act

An Act to amend the Criminal Code

This bill is from the 40th Parliament, 2nd session, which ended in December 2009.

Sponsor

Rob Nicholson  Conservative

Status

Second reading (Senate), as of Dec. 3, 2009
(This bill did not become law.)

Summary

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

This enactment amends the Criminal Code with regard to the right of persons convicted of murder or high treason to be eligible to apply for early parole.

Similar bills

S-6 (40th Parliament, 3rd session) Law An Act to amend the Criminal Code and 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-36s:

C-36 (2022) Law Appropriation Act No. 4, 2022-23
C-36 (2021) An Act to amend the Criminal Code and the Canadian Human Rights Act and to make related amendments to another Act (hate propaganda, hate crimes and hate speech)
C-36 (2016) Law An Act to amend the Statistics Act
C-36 (2014) Law Protection of Communities and Exploited Persons Act
C-36 (2012) Law Protecting Canada's Seniors Act
C-36 (2010) Law Canada Consumer Product Safety Act

Votes

Nov. 25, 2009 Passed That the Bill be now read a third time and do pass.
Nov. 25, 2009 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-36, An Act to amend the Criminal Code, be not now read a third time but be referred back to the Standing Committee on Justice and Human Rights for the purpose of reconsidering Clauses 2, 3, 4, 5 and 6 with a view to making any amendments which may be called for as a result of information undertaken to be placed before the Committee by departmental officials on November 4, 2009, but which the office of the Minister of Public Safety failed to provide before the Committee considered the Bill at clause-by-clause.”.

Criminal CodeGovernment Orders

November 24th, 2009 / 3:45 p.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I am pleased to join in this debate on the amendment by my colleague, the member for Windsor—Tecumseh, related to the operation of this debate at third reading.

The amendment before the House would send the bill back to the Standing Committee for Justice and Human Rights to reconsider clauses 2, 3, 4, 5 and 6 because the committee has not been able to do its work.

One of the responsibilities of a parliamentary committee studying legislation is to study the legislation in detail, clause by clause for each and every clause, to determine whether or not any amendments need to be made.

How does the committee do its work? It asks for witnesses. It asks for information that it needs to understand the reason and the rationale for a particular amendment before it can consider it fully. Members of the House in doing their duty asked for this information from the department. We understand that information was available.

I was not in the committee. I would say there is a very good chance that there were at least 290 or 295 members of the House who were not in the committee, because that is the way Parliament operates.

The committee is an agent of Parliament and does on behalf of other parliamentarians the serious work of investigating a bill.

The information that was being talked about is statistical information on the number of prisoners who are in jails, subject to various sentences. It is very important information to have in order for members to be able to understand the necessity or otherwise of the kind of amendments that are being proposed.

I gave a speech yesterday and talked about the number of prisoners we have in our prisons who are serving life sentences and the number of all the prisoners who have served life sentences over the last 15 or 16 years who have been given an opportunity to seek further parole and to in fact get parole. This is important information to have in order to understand the context of the amendments being proposed.

What has happened here is that the government has decided not to make that information available and we are now in the House discussing a bill at third reading, trying to do here in the House the work of the committee without the facts and information before us.

This is not something that should be done in the House. It is something that should be done in the committee. I think the member for Windsor—Tecumseh, who sits on the committee, is proposing a very reasoned and very reasonable amendment, and as my colleague from Burnaby—New Westminster pointed out, the member for Windsor—Tecumseh has a very significant reputation for doing his homework and for being knowledgeable and competent on matters affecting justice issues.

Therefore I have to accept that when this information is asked for to allow the committee to do its work, that is something that I should support.

The government claims to have some kind of monopoly or at least a belief in transparency and accountability. What we are seeing instead is an attempt to manipulate the work of the committee through the control of information.

We saw examples of that, as were referenced earlier, when we had the Minister of Public Safety failing to release an RCMP report relating to the gun registry until after a vote had been taken in the House. This is the kind of so-called transparency and accountability that we are getting from the government, the manipulation and control of information in order to try to influence what the public knows and does not know about the true facts and the reality of something so that the government can get its own way.

I do not think it is something that Canadians want to see in their government. They do not want to be manipulated. They do not want to be told one thing publicly while the true facts are kept hidden or not made available at the right time.

There are other instances of trying to manipulate a committee going on right now with respect to the Afghanistan committee. Information this committee needs in order to do its work has not been made available to it, yet the government wants to bring people in to agree with its political point of view without giving the committee a proper opportunity to have the basic information before it in order to conduct the proper inquiry and to ask the kinds of questions that need to be asked.

The government is insisting on putting the cart before the horse, just as it is doing here, saying we should continue to study and vote on the bill without having the proper information before the committee.

In the case of the Afghanistan committee, they are doing the same thing, saying that we want to hear from a certain individual because we think we will like what he has to say, but the committee will not have the documentary information that is required to properly consider and ask questions of the witness who is to come before it.

This is the kind of thing we have seen in the committees in the past. In fact I recall a couple of years ago, in the lead-up to the last election, when the government had a rule book on how to distort and disrupt the activities of committees, which the Conservatives used to make things difficult to operate. Then, over the course of the summer, they claimed that the committee system was not working and that Parliament was not working, and that was an excuse for them to call an election, which I do not believe the public wanted then either.

They do not want one now, obviously. We have been told time and time again. They did not want one then either, and perhaps they will not want one whenever it comes, but the fact of the matter is that the government has a history of using committees in a way that is contrary to accountability, contrary to transparency, contrary to the full and open access to information that true democracy relies upon.

This motion is not an attempt to delay anything. I am hoping we will have a vote on it very soon this afternoon, unless there are a lot of other speakers. We hope that this bill, as a result of that vote, will be sent back to the committee so that it can actually do its job. That is the purpose of this motion. It is not to delay anything.

This bill does not have any great urgency to it, to my knowledge and understanding. Someone can correct me if I am wrong. I do not see any hands up other than to get some water or assistance from the pages, but I believe that there is no great urgency for this bill. It can be sent back to the committee. The information can be provided. The committee can do its work and send it back to this House. That is something that is moderate and reasonable and should be acceptable to this House, and when we come to vote on that, I hope to find that is the case.

The Minister of Public Safety is the one being asked to provide this information. We understand that it is readily available. It is not something that is any more secret than the report of the RCMP commissioner, which the minister failed to make available before an important vote in this House, which I have to say surprised me a lot.

If the Minister of Public Safety, who is responsible for the public safety of the country and who is responsible for ensuring that people feel safe in their homes and on the streets, has a report from the Royal Canadian Mounted Police, our national police force, on an issue that is pertinent to the gun registry and to a vote that was to take place in this House, for him to sit on that and not make it available was shocking to me.

I have been around a long time in politics. I do not know if this is unparliamentary or not, but it was a very brazen act. I do not know if it is unparliamentary to say that. It certainly does not seem to be unparliamentary to do it, if the minister is able to get away with doing that in the face of an extremely important and well-attended vote across this country.

I hope that the actions of the Minister of Public Safety, in suppressing this report until after that vote had taken place and after the publicity had died down, are equally noted by the people of Canada. Suppressing the report that our national police force made available was a brazen affront to the parliamentary process, to an expectation that a government is reasonable, transparent and accountable to voters. For the House to have that evidence in front of it before that vote was taken was important, just as, I would suggest, having the information requested by this committee, promised to the committee, undertaken to be placed before the committee by departmental officials was important. It was not made available. It should be put before this committee, before the bill can come back to this House, for proper consideration.

Criminal CodeGovernment Orders

November 24th, 2009 / 3:55 p.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Mr. Speaker, I would like to thank the hon. member from Newfoundland for his participation in this motion to hoist this bill and put it back to committee for further consideration.

As he probably knows, I sit on the committee and I think he needs to understand the chronology here.

If he is not aware, he ought to be aware that the witness in question, Mr. Head, the chief of Correctional Service of Canada, appeared before the committee on November 4. When asked for specific data regarding the faint hope clause, he said it would take a week or two to put it together, because it would involve having to go through a whole number of files.

Clause by clause occurred on November 16. Less than two weeks had passed.

I have said this a number of times today, but the hon. member is a lawyer so I am going to ask him this specifically. If the information was not available on November 16 when the committee did clause by clause, was it not incumbent upon the member for Windsor—Tecumseh to raise his objections then?

If he wanted the information to do clause by clause, he should have asked for it then. He should have asked for an adjournment. He should have kept the bill in committee until he got the information that he thought he needed, rather than raising this point at third reading.

Criminal CodeGovernment Orders

November 24th, 2009 / 3:55 p.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, the hon. member asked an important question. As he would know and those of us who have practised law over many years would know, our opponents are not perfect and neither are we. We do not always make the kinds of objections that our colleagues would expect us to make, or make them at the time or the place where our opponents would expect us to make them.

We do have a process here before us. We were considering the bill at third reading. It appears that this information is useful. We have a procedure by which this information can be made available to the committee and we have opportunity, so whatever needs to be done, can be done.

If there was a failure, as my colleague and learned friend, since he is a member of the Bar, has suggested, then we now have a way of fixing that and making sure it does not cause problems.

Criminal CodeGovernment Orders

November 24th, 2009 / 4 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, the member for Windsor—Tecumseh responded to this earlier and said that in his view, he assumed that somehow all the committee members had just missed the information and that they were sure it had been sent. That was not the case, so it was detrimental reliance, if anything.

There appears to be a systemic problem here, that of the withholding from committees information that they need to be able to do their work. I would have thought that the officials would have come prepared to answer those questions, obvious questions that they have undertaken to provide that information subsequently, such as how many times the faint hope clause has been used in the last ten years. This is so fundamental to the bill and for the consideration of the bill that these are questions that need not be asked; they are automatic.

I would ask the member whether or not he believes that maybe there is little bit more here in terms of possibly a breach of the rules of Parliament with regard to deliberately withholding evidence and information from committees.

Criminal CodeGovernment Orders

November 24th, 2009 / 4 p.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I can understand the hon. member's suspicions. I certainly do not have enough information to make such a charge, but I do believe that the Conservatives have been rushing, hell-bent on bringing before the House as many pieces of legislation as possible to support some political campaign in which they would hope to engage suggesting that somehow or other they are tough on crime and that everybody else in the House does not support their point of view.

If they really believe that this faint hope clause is abused or overused or that it results in some significant problems, then surely we would expect them to bring the evidence to support those beliefs before a committee studying the very elements of the legislation that they hope to change. The fact that they failed to do that smacks of political motivation more than anything else. I agree with the hon. member. The way to correct that is to send the bill back to committee and get the information so the committee can look at it.

Criminal CodeGovernment Orders

November 24th, 2009 / 4 p.m.

The Acting Speaker Barry Devolin

Is the House ready for the question?

Criminal CodeGovernment Orders

November 24th, 2009 / 4 p.m.

Some hon. members

Question.

Criminal CodeGovernment Orders

November 24th, 2009 / 4 p.m.

The Acting Speaker Barry Devolin

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

Criminal CodeGovernment Orders

November 24th, 2009 / 4 p.m.

Some hon. members

Agreed.

No.

Criminal CodeGovernment Orders

November 24th, 2009 / 4 p.m.

The Acting Speaker Barry Devolin

All those in favour of the amendment will please say yea.

Criminal CodeGovernment Orders

November 24th, 2009 / 4 p.m.

Some hon. members

Yea.

Criminal CodeGovernment Orders

November 24th, 2009 / 4 p.m.

The Acting Speaker Barry Devolin

All those opposed will please say nay.

Criminal CodeGovernment Orders

November 24th, 2009 / 4 p.m.

Some hon. members

Nay.

Criminal CodeGovernment Orders

November 24th, 2009 / 4 p.m.

The Acting Speaker Barry Devolin

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

And the bells having rung:

A recorded division on the amendment will be deferred until the end of government orders tomorrow.

The House resumed from November 24 consideration of the motion that Bill C-36, An Act to amend the Criminal Code, be read the third time and passed, and of the amendment.