Bill C-4 (Historical)

Sébastien's Law (Protecting the Public from Violent Young Offenders)

An Act to amend the Youth Criminal Justice Act and to make consequential and related amendments to other Acts

This enactment amends the sentencing and general principles of the Youth Criminal Justice Act, as well as its provisions relating to judicial interim release, adult and youth sentences, publication bans, and placement in youth custody facilities. It defines the terms “violent offence” and “serious offence”, amends the definition “serious violent offence” and repeals the definition “presumptive offence”. It also requires police forces to keep records of extrajudicial measures used to deal with young persons.

Strengthening Canadian Citizenship Act

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I am very pleased to rise a second time to speak to this bill, and I will start by saying that this bill is yet another example of the Conservative ideology. There is no need to worry. I can back up what I am saying.

The Conservative ideology is not just the party line or the party's policies. It is also about how they act and how they view society. Since the Conservatives took power—since they got a majority—the House has passed a number of measures, and we have seen a moratorium on sponsorship for parents and grandparents and a decrease in the number of family reunifications, which appears to be a concept that the Conservatives have essentially scrapped, not to mention the punishment of vulnerable refugees.

I remember that one of the very first speeches I made in the House after I was elected was on Bill C-4, which would have enabled government officials to imprison children. The Conservative ideology is not just the party line. This bill would also put children in jail. The Conservative ideology can once again be found in this bill.

The bill does not deal at all with the issue of backlogs. Come to think of it, how did the Conservatives handle that problem? As my colleague explained, they told the 280,000 people who had been waiting to get their Canadian citizenship that they should pack up their bags and go away, then come back some other time and take their place in line.

That is how the Conservatives decided to deal with the backlog. We obviously should not expect the bill to address the problem then, since they already took care of it.

A number of people from my riding have been in my office, feeling desperate because they have been waiting for months, or even years, for their children or parents to be allowed into Canada. Some have been waiting for over two years, which, let me tell you, is very distressing for Canadians. The backlog issue is really not a priority for the Conservatives, let me assure you.

The bill would give the minister the authority to grant or revoke citizenship. A number of my colleagues have already spoken to that. In fact, the bill would create a two-tiered citizenship, something the Conservative government does not find troublesome at all.

The Conservatives spend their time driving a wedge between urban and rural Canadians or between regular and seasonal workers. We all know their style of governance. Nothing that I say will come as a surprise. Everything they do revolves around dividing people and keeping them in the dark to better govern. That is the Conservative ideology. Every time they introduce a new policy in the House they attempt to pull the wool over the eyes of Canadians.

This bill creates two classes of citizens, those who are Canadian citizens and those who are dual citizens or who may have been born abroad.

We are creating a double standard where two people guilty of the same offence may get very different sentences. One of those people could wind up in jail while the other, found guilty of having committed the same offence, would lose their Canadian citizenship and maybe even be deported. One never knows with the Conservatives.

We already have the means to punish criminals who have broken the law, means that are beyond the control of the government and the executive branch. There is no need to give the minister the power to personally decide who is guilty and who is not.

What is even more ridiculous is that they do not even abide by the courts' criteria, such as proving an accused's guilt “beyond a reasonable doubt”, the burden of proof, or “reasonable and probable grounds to believe”. The minister gives himself the right to revoke a person's citizenship on the basis of mere suspicion, without allowing an independent court to review his decision. I must say, out of respect for people who are fighting against a dictatorship in their country, that the Conservatives' intentions are obvious. They want to give themselves all the powers and decide the fate of Canadians.

In his speech, the minister said that the Canadian citizenship was held in high regard before 1977. He even talked about World War II. He wants to bring us back to before 1977, and perhaps even to just after World War II. I knew this was a backward-thinking government, but it is beyond comprehension. They want to take us back to 1950. Now, this is another illustration of the Conservative ideology.

Things have changed since the end of World War II. This is 2014 and the government wants to take us back to before 1977, as the minister said in his speech. Revoking the Canadian citizenship is a huge step backwards on many fronts. I will talk about the constitutionality of this kind of measure, and of this kind of power, which a minister can definitely not give himself. Indeed, according to the Supreme Court of Canada, this is unconstitutional. I am aware of the Conservatives' contempt for our democratic institutions. We know how they have been treating Parliament since they got a majority. They imposed time allocation 70 times. Therefore, they may criticize our motion today, but nobody believes what they are saying.

The Supreme Court was clear about the fact that stripping a person of citizenship is unconstitutional. I would like to read an excerpt from a Supreme Court decision:

The social compact requires the citizen to obey the laws created by the democratic process. But it does not follow that failure to do so nullifies the citizen’s continued membership in the self-governing polity. Indeed, the remedy of imprisonment for a term rather than permanent exile implies our acceptance of continued membership in the social order.

Professor Macklin explained:

In other words, the Supreme Court of Canada stated quite clearly that punishing somebody by depriving them of their constitutional rights, indeed, by denying them all constitutional rights and casting them out in the name of the social contract, is not constitutional.

I clearly recall the first time I spoke in the House about this bill. The minister told me that citizenship existed long before the Supreme Court and that the court did not, in any case, have the right to contradict him. Just as an aside, I understand how disdainful the Conservatives are toward our democracy and the nation's highest institution, but it has been stated quite clearly that revoking someone's citizenship is unconstitutional.

Once again, the Conservatives are going to talk to us about the beauty of Canadian citizenship and our Canadian society, but unfortunately, they will then continue to express contempt for the highest institutions that make this country a democracy and a haven for newcomers. If the Conservatives love their society so much and are so attached to Canadian citizenship, why are they not even able to respect the human rights of Canadians and the Canadian Charter of Rights and Freedoms?

Safe Streets and Communities Act

[Rob Nicholson, Conservative, Minister of Justice and Attorney General of Canada]

moved the second reading of, and concurrence in, amendments made by the Senate to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts.

Mr. Speaker, I never get tired of talking about this subject. As hon. members know, the safe streets and communities act reintroduced nine bills that died on the order paper with the dissolution of the last Parliament. The government promised to enact these reforms within 100 days and we are delivering.

Before I turn my remarks to some of the key elements of the safe streets and communities act, I will highlight why our government has pursued these reforms and why and how this is important. It would be an understatement to say that our lives have changed substantially since the Criminal Code was first enacted in 1892. Much like other parliamentary democracies around the world, Canadian society and its values have and are continuously evolving and our justice system needs to evolve as well.

As Minister of Justice and Attorney General of Canada, it is my responsibility to maintain the integrity of the justice system. We need legislation that is responsive to what is happening on our streets and meets the expectations of Canadians in the 21st century. The proliferation of drugs and violent crime is, unfortunately, a reality in this day and age and it is our job as parliamentarians to deal with criminals, to protect society and do whatever we can to deter crime.

The truth of the matter is that no parent wants their child to be the victim of a crime. We need only ask Lynne Lacasse whose 19-year-old son was senselessly murdered at a house party in 2004. Her son matters. She appeared before the Standing Committee on Justice and Human Rights and before the Senate Standing Committee on Legal and Constitutional Affairs in their studies of the safe streets and communities act. Her message was clear and it was not about vengeance. It was that the justice system needed to respond effectively and to learn from experience like that of her family so that, hopefully, other families do not suffer in the same way.

No parent wants their child to fall prey to a pedophile. In fact, parents list abduction and sexual exploitation as two of the three concerns they face with Canadian children. Any story on child pornography, whether it is about the pedophile who perpetrated the act or the one who watched it online, outrages each and every one of us. When involving a child, the consensus seems to be that sentences must be serious and lengthy.

Canadians are also concerned about the illicit drug trade. No Canadian wants to live next door to a grow op.

In British Columbia, Surrey Fire Service conducted a study and found that a home with a grow op was 24 times more likely to catch fire than a home without one. Even more troubling is that these fires are not always reported because no one actually lives in those dwellings, but there are families living right next door or across the street.

There are countless stories of Canadians who have been victimized and they are the first to lose confidence in our justice system. Many do not like to think these things happen in Canada until it happens to them or their loved ones. If we were to ask parents, I am sure they would say that the last thing they want is for their child to get involved in a life of crime or to become addicted to drugs. However, the sad reality is that it sometimes happens.

According to the Canadian Centre on Substance Abuse, illicit drug use costs Canadian society an estimated $8.2 billion a year. Canadian statistics show that offences involving certain types of illicit drugs, such as crystal meth, ecstasy, LSD, barbiturates and date rape drugs, rose by 168% between 1997 and 2007. As a parent, the fact that these are readily available is simply unacceptable. It is our job as parliamentarians to ensure we give the tools to law enforcement officials to prevent this and other crimes from happening.

My own Department of Justice conducted a comprehensive analysis of the cost of crime in 2008. The analysis included costs to the criminal justice system, for example police, court and prosecution costs; costs to the victims, including health costs, losses to property and losses to productivity; costs to third parties; and intangible costs such as pain, suffering and loss of life. It was estimated that those costs amount to approximately $100 billion. That is astounding and unacceptable.

Since 2007, I travelled from coast to coast listening to victims, community leaders, the police and my provincial counterparts. I have heard from them how best we can improve the Criminal Code. Victims tell me they want to ensure that nobody has to suffer the same sense of loss and frustration as they have.

Police impart upon me the necessity for more robust legislative tools so they can better protect Canadians. The provinces provide important regional perspective into crime and justice issues. For that, I have been very grateful. They often come forward with recommendations and requests for changes in the Criminal Code. Likewise, Canada's police forces across the country provide helpful insight and advice on our criminal justice system. They are, of course, the front-line experts when it comes to fighting crime. This input is crucial. We have responded.

Despite what some of our opponents say, we believe in a balanced and comprehensive approach to justice. Our government wants to prevent further victimization and make sure that Canada's most serious, violent criminals are kept off our streets. Our experience shows that toughening sentences does not create new criminals. It keeps the existing ones in prison for a more appropriate period of time. We want to make sure there is not a revolving door of justice.

Parliament has seen and debated all the measures included in the safe streets and communities act. This comprehensive legislation brings together nine bills: four previously introduced by me, four previously introduced by the Minister of Public Safety and one previously introduced by the Minister of Citizenship, Immigration and Multiculturalism. Over the past four years, the justice committee has spent 67 days reviewing these measures. That is 139 hours of discussion, 95 hours of debate, 261 speeches and 361 witness appearances.

It should be apparent by now why we have immersed these reforms into the safe streets and communities act. The act targets organized crime by imposing tough sentences for the production and trafficking of illicit drugs, and it responds to concerns about violent young offenders. It ends house arrest for serious crimes such as sexual assault, kidnapping and human trafficking, and it eliminates pardons for serious crimes such as sexual offences against children. It enacts legislation for victims of terrorism. It also prevents the abuse and exploitation of vulnerable immigrants. It enacts mandatory penalties for serious drug offences and all child sexual offences, all of them.

Much has been written about our government's introduction and passage of mandatory penalties for certain crimes. There are some myths surrounding this issue. Mandatory sentences have a long history in Canada. We are not the first government to introduce them. Indeed, over the years, both Liberal and Conservative governments have imposed mandatory minimum sentences. Today, the Criminal Code contains over 40 offences which carry a minimum sentence.

Criminal organizations that rely on the drug trade do not respect current penalties. They simply see them as a cost of doing business. The safe streets and communities act contains tougher penalties which specifically target the source of the illicit drug trade, the drug traffickers. The bill does not target substance abuse victims or experimenting teenagers. There are, contrary to some reports, no changes to the laws with respect to simple possession.

The kinds of offenders that we are targeting are those involved in exploiting the addictions of others. The fact is that police and prosecutors, those who work hard to keep our country safe, have been calling for these sentences for some time. They know all too well the reality on our streets with respect to drug dealers who infiltrate communities and cause irreparable harm, especially to our youth.

The amendments to the Controlled Drugs and Substances Act would impose mandatory penalties for the offences of production, trafficking, possession for the purpose of trafficking, importing and exporting, possessing for the purpose of exporting Schedule I drugs, such as heroine, cocaine and methamphetamine, and Schedule II drugs, such as marijuana.

Mandatory penalties would apply where there is an aggravating factor. This includes where the production of a drug constitutes a potential security, health or safety concern, or the offence has been committed in or near a school.

The bill includes a specific exemption to allow for the use of drug treatment courts so that those who are unfortunately addicted can get the help they need. Drug treatment courts are for adult offenders who have committed non-violent crimes that are linked to their addictions. Our national anti-drug strategy provides $3.6 million per year to six drug treatment courts across Canada. By helping offenders overcome their addictions and improve their social stability, we will help reduce crime rates in this country. It is worth clarifying that even where there is no drug treatment court, the court sentencing the offender for a drug offence can still refer the offender for treatment if an appropriate treatment program is available and approved by the attorney general of the province.

The amendments for child sexual offences in the safe streets and communities and act have two objectives. First, they aim to consistently and adequately condemn all forms of child sexual abuse through the imposition of new and higher mandatory penalties for all sexual offences where the victim is a child. Second, they aim to prevent the commission of a sexual offence against a child through the creation of two new offences that target a certain type of conduct, as well as directing the courts to impose conditions that would prevent a suspected and convicted child sex offender from engaging in conduct that would enable or facilitate their sexual offending against a child. The current approach to penalties for child sexual abuse must end. The reforms in the safe streets and communities act would do just that.

The bill deals also with conditional sentences, usually referred to as house arrest. Our legislation would ensure that serious crimes such as sexual assault, kidnapping and human trafficking would not result in house arrest. Conditional sentences would continue to be unavailable for any offence with a mandatory minimum penalty. In addition, a conditional sentence would never be available for offences with a maximum of 14 years or life imprisonment; or for offences with a maximum penalty of 10 years that result in bodily harm or involve the import, export, trafficking or production of drugs or involve the use of a weapon; nor for a range of other offences including kidnapping, theft over $5,000 or motor vehicle theft. Our act would ensure that serious offences, including serious property offences like arson, would also not result in house arrest. This would ensure that jail sentences for such offences are served in jail.

Part 4 of the safe streets and communities act proposes amendments to the Youth Criminal Justice Act. These reforms would improve the ability to deal with violent and repeat young offenders, for example by highlighting the protection of the public, making it easier to detain young people charged with serious offences pending trial, ensuring that prosecutors consider seeking adult sentences for the most serious offences, prohibiting youth under 18 from serving sentences in an adult facility and requiring police to keep records of extra-judicial measures. The act continues to be a good framework to address young offenders. There is a shared view that young people should have the opportunity to be rehabilitated and have a second chance. However, there is also the concern that some youth, a small number who are out of control, are not being effectively dealt with under the current legislation. The safe streets and communities act reforms build on and preserve the solid framework of the act.

The amendments would not change the Youth Criminal Justice Act's current approach to making the principles of rehabilitation and reintegration of young persons who have committed offences the basis of our youth justice system. These reforms are not about detaining more or fewer youth. They are about facilitating appropriate and effective decision making at the pre-trial stage. This includes managing youth in the community where this is possible and ensuring that youth who should be detained can be detained. These reforms were previously proposed in the former Bill C-4 or Sébastien's law.

At the January 12 meeting of federal, provincial and territorial ministers of justice, we had a good discussion of the safe streets and communities act and the need for us to continue to work together toward its implementation.

Many of these reforms have been the subject of discussions over the years. Many are well supported by provincial and territorial ministers. The proposed reforms in the safe streets and communities act would come into force in the same manner as originally proposed. There is a coming into force clause for each part of the bill. The only parts of the safe streets and communities act that would come into effect on royal assent are the amendments relating to the Criminal Records Act and acts of terrorism. The other reforms, those to the Criminal Code, Controlled Drugs and Substances Act and the Youth Criminal Justice Act, would come into force on a day or days to be fixed by the order of the Governor in Council.

The Minister of Public Safety and I noted that we would seek the views of our provincial and territorial counterparts about the timely and effective implementation of these reforms. Clearly, as many of these amendments have been proposed for years, there is good reason to proceed expeditiously.

With the safe streets and communities act, our government would be once again sending out a message to criminals that they will be accountable for their actions and that crime will not be tolerated in this country. Our goal is to restore a sense of balance so that Canadians can continue to be confident in our justice system. The enactment of the safe streets and communities act would be another positive step for the people of this country.

[Gordon O'Connor, Conservative, Minister of State and Chief Government Whip]

Mr. Speaker, I am pleased to be in the House today to talk about the important changes to the Youth Criminal Justice Act that are included in the safe streets and communities act.

Through this package of amendments, this government is taking action to strengthen the ways in which the youth justice system would deal with serious repeat and violent young offenders. The package of Youth Criminal Justice Act amendments responds to issues raised during cross-country consultations led by the Minister of Justice, to key decisions of the courts, to recommendations put forward by the Nunn commission, to concerns raised by the provinces and territories, and to positions put forward by witnesses who appeared before the justice committee during its study of the proposed amendments.

The reforms reflect the widely held view that while the Youth Criminal Justice Act is working well in dealing with the majority of youth who commit crimes, there are concerns about a small number of youth who commit serious repeat or violent offences, including those youth who appear to be spiraling out of control toward more dangerous and harmful behaviour.

The proposed changes to the Youth Criminal Justice Act would amend the act's general principles to highlight protection of the public; clarify and simplify the provisions relating to pre-trial detention; revise the sentencing provisions to include specific deterrents and denunciation of sentencing principles; broaden a range of cases for which custody would be available and require the Crown to consider seeking adult sentences for youth who commit serious violent offences; require judges to consider allowing publication in appropriate cases where young persons are found guilty of violent offences; require police to keep records of any extrajudicial measures they use in response to alleged offences by young persons; define violent offences and offence in the commission of which a young person causes, attempts to cause, or threatens to cause bodily harm, and includes conduct that endangers life or safety; respond to the Supreme Court of Canada 2008 decision of R. v. D.B. by removing the presumptive offence and other inoperative provisions from the YCJA and by clarifying the test and onus requirements related to adult sentences; and require that no youth under 18 sentenced to custody would serve their sentences in an adult prison or penitentiary.

In recent weeks, we have often heard it suggested that with the changes to the Youth Criminal Justice Act proposed in Bill C-10, the government is moving the youth criminal justice system toward a more adult punitive system that would not sufficiently allow for the rehabilitation and reintegration of youth. However, this is simply not the case.

In fact, when the proposed amendments to the Youth Criminal Justice Act are viewed in the proper context, it is abundantly clear that the youth criminal justice system would remain separate and distinct from the adult system, would be based on the presumption of a diminished moral blameworthiness of youth, and would emphasize the rehabilitation of youth and their reintegration back into society.

As I have already stated, the comprehensive review and consultation process undertaken by this government found that while most provinces, territories and stakeholders believe that the current youth justice legislation works well in dealing with the majority of youth who commit crimes, there are concerns about the way the system responds to the small number of youth who commit serious violent offences or are serious repeat offenders who may need a more focused approach to ensure that the public is protected.

For the most part, the changes to the Youth Criminal Justice Act in Bill C-10 would target this relatively small group of offenders by providing the courts with more tools to deal with them while leaving most of the current act as is.

Let me focus on a few of the proposed changes that some have used as the basis of their criticism that Bill C-10 would dramatically change the existing approach to youth justice.

First, during the justice committee hearings on the former Bill C-4 and on Bill C-10, some witnesses expressed the view that highlighting protection of the public in the declaration of principle found in section 3 of the Youth Criminal Justice Act would move us toward a more punitive youth justice system and away from a system that emphasizes rehabilitation and reintegration.

However, the proposed amendment actually states that the youth criminal justice system is intended to protect the public by holding young persons accountable through proportionate measures, by promoting the rehabilitation and reintegration of young persons, by supporting the prevention of crime, and by referring young persons to programs or agencies in the community to address the circumstances underlying their offending behaviour.

Clearly, the amendment recognizes that rather than being mutually exclusive objectives, rehabilitation and reintegration are key to the protection of society.

Further, Bill C-10 would add to the Youth Criminal Justice Act declaration of principles a fundamental principle of justice articulated by the Supreme Court of Canada in the 2008 case of R. v. D.B.; namely, that the youth criminal justice system must be based on the principle of diminished moral blameworthiness or culpability.

It is important to recognize that this statement of fundamental principle would apply throughout the act. I am pleased to acknowledge that this proposed amendment received widespread support among witnesses who appeared before the justice committee on the legislation.

It is also important to point out that most of the principles set out in section 3 of the Youth Criminal Justice Act would not be altered by Bill C-10. Section 3, which again applies throughout the act, would continue to emphasize the importance of rehabilitation and reintegration; fair and proportionate accountability that is consistent with the greater dependency of young persons and their reduced level of maturity; enhanced procedural protection for youth; the importance of timely intervention; repair of harm done to victims; the involvement of parents, families and communities; respect for gender, ethnic, cultural and linguistic differences; and the needs of aboriginal young persons and young persons with special needs.

Therefore, the proposed changes to the declaration of principles reflect a balanced approach that, together with the preservation of the existing principles, will guide those within the youth criminal justice system to respond to youth offending in a fair and effective manner.

Bill C-10 also proposes amendments to the principles of sentencing in the Youth Criminal Justice Act by adding specific deterrence and denunciation as possible objectives for a judge to consider in sentencing young offenders. Under the current law, the courts have said that deterrence and denunciation are not included as objectives in youth sentencing. Bill C-10 proposes adding specific deterrence and denunciation as possible objectives of a youth sentence, but makes it clear that a youth sentence may, not must, have these objectives.

In addition, the proposed amendment also makes it clear that a sentence must still be proportionate to the seriousness of the offence and to the degree of responsibility of the young person for that offence. That means, for example, that judges would not be able to give a young offender an extra long sentence just to send a message that the unlawful behaviour was wrong.

Moreover, it is important to recognize, in proposing this addition to the principles of sentencing, the government is not amending the other sentencing principles in the Youth Criminal Justice Act. The existing purpose and principles of sentencing, which clearly emphasize the importance of both proportionality and rehabilitation, remain intact.

In my view, the proposed amendment, taken together with the existing purpose and principles of the sentencing in the Youth Criminal Justice Act, represents a balanced approach that would give the courts more tools to respond to youth crime in an appropriate and effective way.

Another amendment that has been subject of criticism is the provision that would allow for the publication of names of young offenders who have been found guilty of a violent offence and given a youth sentence.

Let us be clear. Currently, the act allows for a judge to lift a publication ban. This is not new.

Bill C-10 would amend the Youth Criminal Justice Act to require a judge to consider lifting the publication ban if he or she is satisfied that the young person poses a significant risk of committing another violent offence and the lifting of the ban is necessary to protect the public against that risk. This threshold is not insignificant, and in determining whether to order the lifting of the publication ban, the court is required to consider the principles set out in section 3 of the Youth Criminal Justice Act, as well as the purpose and principles of sentencing to which I referred a moment ago. Furthermore, the onus of satisfying the court as to the appropriateness of lifting the publication ban lies with the Crown.

Therefore, once again we see that the proposed changes, together with the application of existing principles in the Youth Criminal Justice Act, reflect a balanced approach toward responding to youth crime.

Finally, in examining the allegations that Bill C-10 would move our youth system toward a more adult system, I think it is important to remind the House that this bill would change the Youth Criminal Justice Act to make it clear that no young persons under the age of 18 will serve their sentences in an adult prison or penitentiary, regardless of whether they are given an adult or youth sentence.

Youth justice is in the area of law that generates a great deal of debate from a wide variety of perspectives. While I certainly respect everyone's right to his or her opinion, I urge all interested parties to examine the changes to the Youth Criminal Justice Act being proposed in Bill C-10 in a full and proper context.

These changes represent a balanced and focused response to concerns identified through a significant consultation process. The amendments would provide additional tools to respond more effectively to a relatively small number of young offenders who commit serious, repeat or violent offences, while protecting the elements of the Youth Criminal Justice Act that have been working well.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Mr. Speaker, I appreciate the opportunity to conclude my remarks because this is a very important bill for Canadians, who have expressed their desire to have us pass this into law as soon as possible.

I want to address something that I heard recently with relation to complaints from some quarters, in fact the opposition primarily, that there has not been sufficient time to study Bill C-10 in its entirety. If we look at the history and examination of the charges as they relate to the Youth Criminal Justice Act, we will see how very wrong that is. As I briefly outlined a minute ago, the proposed reforms to the Youth Criminal Justice Act that are contained in part 4 of Bill C-10, being made after consultations with a broad range of stakeholders and members of the public, are in response to key court decisions, such as the Nunn commission of inquiry, an extensive parliamentary study, and indeed, input from provincial and territorial partners.

First, most of us will know that the former Bill C-4 was extensively studied by the House of Commons Standing Committee on Justice and Human Rights prior to the dissolution of the previous Parliament. The committee actually held 16 meetings on that bill and heard from over 60 witnesses. I do not know how anyone in this place or elsewhere can say it was not properly consulted.

Second, prior to introducing former Bill C-4 in March 2010, the Minister of Justice undertook a comprehensive review of the Youth Criminal Justice Act. In February 2008, the Minister of Justice launched that review with a meeting he held with provincial and territorial attorneys general who, I would suggest, know much more than the opposition does in relation to the Youth Criminal Justice Act. They discussed the scope of the review to encourage provincial and territorial ministers to identify the issues that they had, that they had heard from their Crown prosecutors and others relating to the youth justice system, and that they considered the most important. That is very important.

Finally, in May 2008, the Minister of Justice, as I said previously, undertook a series of cross-country round tables usually co-chaired by provincial and territorial ministers in order to hear from youth justice professionals, front line youth justice stakeholders and others around this country about areas of concern and possible improvements regarding the provisions and principles of the Youth Criminal Justice Act.

To say it was not properly consulted and that we did not spend enough time is simply ludicrous. We have heard from Canadians and they have clearly outlined what they wanted us to do. We have consulted with stakeholders, including the provinces, members of the government and the public and, most importantly, victims. We are listening to victims.

The Nunn commission itself convened on June 29, 2005 and heard from 47 witnesses, with over 31 days of testimony. We are listening to Canadians, reflecting the society that they want, and moving forward on keeping all Canadians safe.

Motions in Amendment

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Mr. Speaker, thank you for the advance warning of my cutoff.

I have had an opportunity to practise criminal law in Canada for some period of time under the Criminal Code. In fact, I practised law for over 10 years in northern Alberta in a very busy criminal practice. Therefore, I speak to this matter first-hand. I want to let the previous member know that I saw the rotating door of the criminal justice system in Canada, especially in relation to youth offences, and I take exception to his statements relating to more crime. We heard some witnesses say that, but it is utterly ridiculous that if we send people to jail for more time there will be more crime. I do not think any normal Canadian would accept the premise of that member's comments.

However, I am very pleased today to talk about the important changes to the Youth Criminal Justice Act that are included in the safe streets and communities act. I think the title of this particular bill, the safe streets and communities act, is actually the purpose of the bill and exactly what the bill will accomplish once it becomes law. I am very proud to be part of that.

The proposed amendments to the Youth Criminal Justice Act are found in part 4 of Bill C-10, with a few exceptions. The proposals that are in the bill very much mirror the changes that were proposed in the former Bill C-4, Sebastian's law, which, of course, members are familiar with. This was introduced in the House of Commons on March 16, 2010. It was before the Standing Committee on Justice and Human Rights when Parliament was dissolved just prior to the May 2011 election.

The proposed changes to the Youth Criminal Justice Act reflect the concerns that I have heard clearly in committee and that I have heard for years from Canadians who have expressed concern about violent young offenders. When we think of our youth, we do not usually think of violence, but there is a certain minority of the population under the age of 18, youth, as our courts see them, who have no concern for society as a whole and who do commit very violent offences without thinking about the ramifications.

It also deals with youth who may be committing non-violent offences that, frankly, are spiralling out of control. I saw this time and time again. When we would look at a docket in Fort McMurray on a Wednesday, we would see the same names, not just for one week or two weeks but it would be a constant situation of young people who would be before the court on a continuous basis over the same issues. I do not think that is acceptable and I do not think Canadians find that acceptable because we continue to hear from them on that.

The package of Youth Criminal Justice Act amendments also respond to some other issues, particularly those issues that other Canadians and provincial Attorneys General raised with the Minister of Justice in his cross-country consultations.

I want to take a moment to compliment the minister for going door to door throughout the country, city to city, and talking to Canadians first-hand to find out exactly what they were interested in so that we, as a government, could do exactly what we are supposed to do, which is to reflect the priorities of Canadians. This bill would do exactly that.

These amendments also take into account and are responsive to key decisions of the courts, and these are courts right across Canada, provincial courts, territorial courts, superior courts of the provinces, and the Supreme Court of Canada, because, of course, the courts would reflect that, too, but it is ultimately our job as legislators to do that.

These positions also reflect what witnesses have told us. Victims groups and victims came forward and applauded this government on the bill and on specific things that we would bring about in this bill.

The reforms reflect the widely held view that, while the Youth Criminal Justice Act is working well in dealing with the majority of youth who commit crimes, there are concerns about the small number of youth who commit crime. It is a small number but it does not mean it is any less serious, in fact, it is even more serious because if we have an opportunity to deter these people early on in life they can then go back into society as a whole and become good citizens and contribute to society. However, these are people who, as I mentioned before, are repeat offenders and commit serious violent offences.

The proposed changes to the Youth Criminal Justice Act would do several things. First, they would amend the act's general principles to highlight protection of the public. That is very important because the judges, when they look at the act themselves, they can see that one of the primary concerns, which would seem fairly trite, would be to protect the public.

Second, the amendments would clarify and simplify the provisions relating to pre-trial detention, which is very important as well but has become quite cumbersome and complicated in the past years.

The third is to revise the sentencing provisions to include specific denunciation and deterrence factors as sentencing principles. Sentencing principles means that the judge takes that into consideration in the totality of the evidence put before him or her. This would broaden the range of cases for which custody will be available as well. Again, we heard clearly from Canadians that that is what they want.

Fourth is to require judges to consider allowing publication in appropriate cases where young persons are found guilty of violent offences. If we were to read the specific statute regarding this, we would see that it is very difficult for a judge to make that decision, but it is available to the judge if he or she feels it is in the public policy to do so, with some other criteria set out in the act itself.

Fifth is to require police officers to keep records of any extrajudicial measures they use in response to alleged offences by young persons.

Sixth is to define “violent offence” as an offence in the commission of a crime in which a young person causes, attempts to cause or threatens to cause bodily harm and includes conduct that endangers life or safety. It is hard to believe that these particular factors as set out in the Criminal Code were not there before, but this adds that criteria to the sentencing provisions of the judge and the considerations for him or her.

Seventh is to respond to the Supreme Court of Canada's 2008 decision R. v. D.B. by removing the presumptive offence and other inoperative provisions from the Youth Criminal Justice Act and by clarifying the test and onus requirements related to adult sentences.

Finally, eighth is to require that no youth under 18 sentenced to custody will serve his or her sentence in an adult prison or penitentiary. That is very important.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Mr. Speaker, I am honoured to speak today in the debate on Bill C-10, the Safe Streets and Communities Act. I am going to limit my remarks to the changes this bill makes to the Youth Criminal Justice Act. These changes were previously incorporated in Bill C-4, or what was known as Sebastian's law. Those proposals are now in part 4 of Bill C-10, clauses 167 to 204.

The former bill, Bill C-4, was first introduced on March 16, 2010, and was being reviewed by the House of Commons Standing Committee on Justice and Human Rights when the opposition caused Parliament to dissolve on March 26, 2011. Sixteen meetings had been held to study Bill C-4 and over 60 witnesses had already appeared before the committee.

The problems with our current youth criminal justice system were recently highlighted by the results of four months of observation by the Toronto Star of a typical Canadian youth court. I will briefly quote the conclusions reached, which state:

Changes to youth sentencing law in 2003 were supposed to fix an overreliance on custody. Instead, serious offenders are thumbing their noses at the courts because they know they will be treated lightly. Victims feel their voices are not heard. Kids who violently break the law, many from broken homes, are reoffending.

Our government invests significantly in crime prevention and rehabilitative measures and in restorative justice, but a balanced approach to criminal justice requires that we also pay due regard to protecting the public and victims of crime against violent youth offenders and repeat youth offenders. This is what Bill C-10 targets.

A number of amendments to the youth justice provisions of Bill C-10 were tabled by both NDP and Liberal members of the standing committee during clause-by-clause consideration and I will comment on some of the more significant of those.

One proposed amendment relates to protection of the public, specifically calling for the reinsertion of “long-term” ahead of the phrase “protection of the public” in the overarching principles of the Youth Criminal Justice Act. In highlighting protection of the public in the Youth Criminal Justice Act, the government has responded directly to recommendation 20 of the Nunn commission report.

The Nunn commission was a Nova Scotia public inquiry, which examined the circumstances surrounding the tragic death of Theresa McEvoy, who was struck and killed by a youth driving a stolen vehicle. Justice Nunn concluded that highlighting public safety as one of the primary goals of the act was necessary to deal with this small group of repeat offenders that was spinning out of control.

We agree with the conclusion drawn by Justice Nunn that the current provisions of the Youth Criminal Justice Act are not sufficient to deal with this small group of dangerous and repeat offenders. It is simply wrong to suggest that by removing the adjective “long-term” from ahead of the phrase “protection of the public”, we are forbidding consideration of long-term factors. No, by removing a restrictive adjective, we are merely restoring the phrase “protection of the public” to its true meaning. In doing so, we are allowing judges to consider all factors relating to public protection, including short-term and long-term considerations.

It is also very important to note that, just as it was before Bill C-10, protection of the public will continue to be simply one principle of the act, alongside and equal to other principles, such as emphasis on rehabilitation in section 3(1)(b), fair and proportionate accountability in section 3(1)(c) and special consideration for young persons in section 3(1)(d) of the Youth Criminal Justice Act.

Another motion to amend called for the removal of specific deterrents and denunciation from the sentencing principles in the Youth Criminal Justice Act. That is proposed by clause 172 of Bill C-10.

By allowing judges to consider specific deterrents and denunciation in sentencing, and I say only allowing, not requiring, we increase confidence in the youth justice system. We simply give judges the right to choose the tools they feel necessary to deal with the needs of the differing young persons who come before them.

In proposing this amendment, the government is not abandoning the current sentencing principles in the legislation. It is instead giving judges an additional tool to help deal with that small group of repeat and violent offenders where it is reasonable to consider specific deterrents, or even denunciation, for the benefit of the young person and in order to maintain the public's confidence in the administration of justice. Even this provision would be limited in its effect because the application of these provisions, specific deterrents and denunciation, would be subject to the principle that the sentence must be proportionate to the gravity of the offence and the degree of the responsibility of the offender.

Another of our proposals that was discussed quite extensively at the justice committee was the test for publication in clause 185 of Bill C-10. The opposition proposed to amend this clause to basically make this test optional rather than mandatory.

The wider circumstances under which publication bans may be lifted, proposed by clause 185, fulfills our government's commitment to Canadians to ensure that young offenders will be named when the circumstances of their offence requires it. In our view, it would be inappropriate for this provision to be optional when the very purpose of the amendment is to protect the public, and that is not optional. The government is not calling for unlimited publication, but merely equipping judges with an additional tool for circumstances that require it.

In fact, it should be noted that this provision would only make it mandatory for judges to consider, to think about, publication. They are not be required to order publication in any particular case.

The threshold for this is also significant. The judge is required to consider the purpose and principles set out in sections 3 and 38 of the Youth Criminal Justice Act and the judge must decide that the young person poses a significant risk of committing not just any offence but a violent offence and that the lifting of the ban is necessary to protect the public against that risk. If there is no significant risk of violence or if any other solution makes publication unnecessary, then publication remains banned. Furthermore, the onus of convincing the court of these matters remains on the prosecutor.

Our government recognizes the importance of our youth criminal justice system and as such we propose changes in Bill C-10 to address the many concerns that Canadians have expressed about the shortcomings of the current system.

Our government responded to calls for change from several provinces asking for modifications to the former Bill C-4. Manitoba, Alberta and Nova Scotia officials appeared before the commons committee in June 2010 and subsequently provided suggested amendments in relation to pretrial detention, adult sentencing and deferred custody and supervision orders.

Our government considered these submissions and made changes to the applicable provisions found in clause 169 and subclauses 174(2) and 183(1) of Bill C-10. These changes have been well-received by the provinces that proposed them and would ultimately strengthen the youth justice system.

At clause-by-clause consideration, the government also proposed changing clause 168, by replacing the verb “encourager” with the verb “favoriser” in the French version of paragraph 3(1)(a)(ii) of the act. That is a change Minister Fournier from Quebec had requested.

This government is committed to the protection of our communities and to tackling crime committed by young persons. Our view is that this can be achieved without compromising the use of measures outside the judicial process, while still preserving non-custodial sentences for the vast majority of cases where such measures are appropriate.

Part 4 of Bill C-10 would provide judges and others working in the youth justice system with tools needed to deal appropriately with the differing needs of young people who come before them, including the needs of repeat and violent offenders who have not responded well under the current system. Such changes would restore public confidence to our youth criminal justice system.

I invite all the members opposite to join us in these efforts by supporting this bill. Let us join and together take arms against a sea of troubles and, by opposing, end them.

Safe Streets and Communities Act

[Ed Holder, Conservative, London West, ON]

Madam Speaker, I am pleased this afternoon to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act.

We all know that the safe streets and communities act proposes a wide range of reforms to strengthen the law's response to several things: child sexual abuse and exploitation, serious drug and violent property crimes, terrorism, violent young offenders, offender accountability and management, and the protection of vulnerable foreign workers against abuse and exploitation.

As many hon. members have noted, the bill brings together in one comprehensive package reforms that were included in nine bills that were put before the previous Parliament and that died on the order paper with the dissolution of Parliament for the general election.

I will itemize these. These former bills are: Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders); Bill C-5, Keeping Canadians Safe (International Transfer of Offenders) Act; Bill C-16, Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act; Bill C-23B, Eliminating Pardons for Serious Crimes Act; Bill C-39, Ending Early Release for Criminals and Increasing Offender Accountability Act; Bill C-54, Protecting Children from Sexual Predators Act; Bill C-56, Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act; Bill C-59, Abolition of Early Parole Act; Bill S-7, Justice for Victims of Terrorism Act; and finally Bill S-10, Penalties for Organized Drug Crime Act.

Many hon. members have participated in several hours of debate today and ongoing debate from the last Parliament to now. It is clear that some do not share the same views as the government about the need to address crime in our society, the need to increase public safety, the need to better balance the role of victims in the justice system and the need to make offenders more accountable.

My remarks here today need not repeat what some of my hon. colleagues have already noted about the key features of Bill C-10 and the importance of these reforms. I propose to briefly comment on the important reforms proposed in Bill C-10 as they relate to the Youth Criminal Justice Act.

The Youth Criminal Justice Act came into effect in April 2003. The reforms now proposed in Bill C-10, Safe Streets and Communities Act, have been shaped by consultation with a broad range of stakeholders. After five years of experience with the Youth Criminal Justice Act, a review was launched by the Minister of Justice in 2008. This began with discussions with provincial and territorial attorneys general to identify the issues that they considered most important.

In May 2008, the Minister of Justice began a series of cross-country round tables, often co-chaired by provincial and territorial ministers, in order to hear from youth justice professionals, front-line youth justice stakeholders and others about areas of concern and possible improvements regarding the provisions and principles of the Youth Criminal Justice Act.

Input from individuals and organizations was also provided through the Department of Justice website, in letters and in in-person meetings. The results showed clearly that most provinces, territories and stakeholders believe the current youth legislation works well in dealing with the majority of youth who commit crimes. However, there were concerns about the small number of youth who commit serious, violent offences or who are repeat offenders who may need a more focused approach to ensure the public is protected.

Clearly, the message was to build upon the good foundation of the law and make much needed improvements and the reforms proposed in Bill C-10 reflect this. Although the Youth Criminal Justice Act is working well for most youth, particular elements of the act need to be strengthened to ensure that youth who commit serious, violent or repeat offences are held accountable with sentences and other measures that are proportionate to the severity of the crime and the degree of the responsibility of the offender.

There have been concerns voiced from many sources and this government has responded. The reforms included in Bill C-10, previously included in Bill C-4, known as Sébastien's law, would enhance our fair and effective youth justice system and result in a system that holds youth accountable for their criminal misconduct and promotes their rehabilitation and re-integration into society in order to promote the protection of the public.

In addressing amendments to the Youth Criminal Justice Act, it is important to note that the act's preamble specifically references that Canada is a party to the United Nations Convention on the Rights of the Child. The Youth Criminal Justice Act also recognizes that young persons have rights and freedoms, including those stated in the charter and the Canadian Bill of Rights. Nothing in Bill C-10 will impair these rights of young persons.

The Youth Criminal Justice Act provides for a range of responses that relate to the seriousness of the crime. These sentences also address the needs and circumstances of the youth and promote rehabilitation.

Amendments to the Youth Criminal Justice Act will ensure that young people under 18 who are serving a custody sentence will serve it in a youth custody facility. It will no longer be possible to put young people in adult prisons or penitentiaries, where the correctional regime is more suited to adults and where young people could all too easily become vulnerable to older, more hardened criminals. It is in the interests of the protection of society that young people become rehabilitated, and this amendment is aimed to ensure that this takes place.

While a sound legislative base is an essential part of ensuring that Canada has a fair and effective youth justice system, it is also essential to address the conditions that underlie criminal behaviour if we are to achieve any long-term or meaningful solution to the problem. Conditions such as addiction, difficult childhoods, mental health, fetal alcohol syndrome, or longer-term marginalization will continue to pose challenges to solving the problems of youth offending.

Our government has implemented various programs to assist in addressing these issues. The national anti-drug strategy has a significant youth focus. On the prevention front, the government has launched a national public awareness program and campaign to discourage our youth from using illicit drugs. The government has made funding available under the youth justice fund for pilot treatment programs that will assist with the rehabilitation of youth who have drug problems and are in the justice system, and for programs that are working toward preventing youth from becoming involved with guns, gangs and drugs.

Partnering with health, education, employment and other service providers beyond the traditional system, we can all work together. For example, through the youth justice fund the Department of Justice provided funding to a pilot program called Career Path, which offers a comprehensive specialized service for youth in the justice system who are at risk or are involved in gang activities. The program offers youth educational training and employment opportunities by connecting them with an employer who will also act as a mentor to facilitate making smart choices, foster pro-social attitudes, build leadership skills and gain valuable employability skills as a viable option to gang membership.

The reforms to the Youth Criminal Justice Act are essential and responsive and should be supported as a key part of a broader effort on the part of the government to prevent and respond to youth involved in the justice system.

I would like to bring it a little closer to home, if I may.

This is the story of Ann Tavares, of London, who suffered a huge loss in November of 2004 when Stephan Lee stabbed her son 28 times. Steven Tavares was an innocent victim who was in the wrong place at the wrong time. His death irreparably scarred the lives of those who loved him forever. That loss is what happened.

To compound her tragedy, her son's killer was found not criminally responsible due to mental disorder and sent to an Alberta hospital the following year. He was conditionally released in May 2008 and is now living in Alberta. All of this happened without notification to the victim's family or the public at large.

Suffering such a loss might have destroyed an individual. However, this became an impetus for Ann's quest to make others aware of what happened to her son and the lack of justice for this heinous crime. She has lobbied tirelessly against the inequities of the system, a system the government is trying to fix.

Ann strongly felt that there needs to be a connection between mental illness and crime. Specifically, she felt that the insanity defence needs to be banned. She felt that to say a perpetrator is not criminally responsible is too subjective. Mental impairment is a defence that anyone can claim. If someone commits a crime, that person should be punished.

She believes mental illness should not absolve someone from the crime they committed. The punishment needs to be based on the severity of the crime, and a fixed minimum time needs to be served before they are put back into the community. However, Ann did want good to come of her tragic situation. In addition to the punishment, she felt that the perpetrator should get mental health treatment, and that to protect innocent victims like her son and the community at large, such criminals should not be released into the community until they have been certified as not a risk to others.

I would like to expand on that through the questions and answers, if I might, Madam Speaker.

[Dave MacKenzie, Conservative, Oxford, ON]

Madam Speaker, I am pleased to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act

Bill C-10 is a comprehensive bill that brings together reforms proposed from nine bills that were before the previous Parliament. The short title of the bill, the Safe Streets and Communities Act, reflects the overall intent of this comprehensive legislation. It seeks to safeguard Canadians and Canadian communities from coast to coast to coast. This is such a fundamental principle and objective. To my mind, this objective should be unanimously supported by all parliamentarians in all instances and in all cases. While I appreciate there are many issues on which we as lawmakers may reasonably disagree the safety and security of Canadians, including that of vulnerable children, should never be one such issue.

Let us consider this comprehensive bill is. It proposes amendments that generally seek to do the following:

First, Bill C-10, through part 2, proposes to better protect children and youth from sexual predators. These reforms were previously proposed in former Bill C-54 in the last Parliament, the Protecting Children from Sexual Predators Act.

Specifically, these amendments would propose new and higher mandatory minimum penalties to ensure that all sexual offences involving child victims are consistently and strongly condemned. They would create two new offences to target preparatory conduct to the commission of a sexual offence against a child. They would also enable courts to impose conditions on suspected or convicted child sex offenders to prevent them from engaging in conduct that could lead to their committing another sexual offence against a child.

Second, through part 2, Bill C-10 proposes to increase penalties by imposing mandatory minimum penalties when specified aggravated factors are present for serious drug offences. Those offences would be the production, trafficking, possession for the purpose of trafficking, importing and exporting, possession for the purpose of exporting of schedule 1 drugs such as heroine, cocaine, methamphetamine, and schedule 2 drugs such as marijuana.

These offences often involve organized crime, including gang warfare over turf, which in turn brings its own disastrous impact on Canadian communities. They also enable and feed drug abuse, the negative impact of which is not only felt by the addicted individual but also by the family of that addict, as well as by the Canadian health system and the economy.

These reforms were previously proposed and passed by the Senate in former Bill S-10, the Penalties for Organized Drug Crime Act.

Third, part 2 of the bill includes what was previously proposed in former Bill C-16, the Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act to end house arrest for serious crimes.

Under these reforms offences carrying a maximum penalty of 14 years, as well as serious offences that are punishable by 10 years or more and prosecuted by indictment, that result in bodily harm, or the import or export, trafficking and production of drugs, or that involve the use of a weapon, or that is specifically identified, would never be eligible to receive a conditional sentence of imprisonment.

Fourth, Bill C-10, through part 4, proposes to protect the public from violent and repeat young offenders. These amendments include: recognizing the protection of society as a principle in the Youth Criminal Justice Act; making it easier to detain youths charged with serious offences pending trial; requiring the courts to consider adult sentences for the most serious and violent cases; and, requiring the police to keep records of extrajudicial measures.

These reforms were previously proposed in former Bill C-4, Sébastien's law and respond to the Supreme Court of Canada 2008 judgment in Regina v. D.B., and the 2006 Nova Scotia report of the Nunn commission of inquiry “Spiralling Out of Control, Lessons Learned From a Boy in Trouble”.

Fifth, Bill C-10, through part 3, includes proposals to replace the word "pardons" with "record suspensions". It would expand the period of ineligibility to apply for a record suspension and proposes to make record suspensions unavailable for certain offences, including child sexual offences, and for persons who have been convicted of more than three offences prosecuted by indictment and for each of which the individual received a sentence of two years or more.

These reforms were previously proposed in former Bill C-23B, the Eliminating Pardons for Serious Crimes Act.

Sixth, Bill C-10, also through part 3, proposes to codify some additional key factors in deciding whether a Canadian who has been convicted abroad would be granted a transfer back to Canada. These reforms were previously proposed in former Bill C-5, the Keeping Canadians Safe (International Transfer of Offenders) Act.

Seventh, Bill C-10, through part 3, proposes to amend the Corrections and Conditional Release Act to recognize the rights of victims, increase offender accountability and responsibility, and modernize the disciplinary system for inmates. These proposals were previously proposed in former Bill C-39, the Ending Early Release for Criminals and Increasing Offender Accountability Act.

Eighth, Bill C-10, through part 1, seeks to deter terrorism by supporting victims of terrorism. Specifically, these reforms would enable victims of terrorism to sue perpetrators and supporters of terrorism, including listed foreign states, for loss or damage that is incurred as a result of an act of terrorism committed anywhere in the world on or after January 1, 1985. These amendments were previously proposed and passed by the Senate in former Bill S-7, the Justice for Victims of Terrorism Act.

Last, Bill C-10, through part 5, proposes amendments to the Immigration and Refugee Protection Act to protect vulnerable foreign nationals against abuse and exploitation. These amendments were previously proposed in former Bill C-56, the Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act.

I have briefly summarized the nine core elements of Bill C-10. All of these proposed amendments seek to better protect Canadians. That is something on which we should all be able to agree. Certainly, we know it is something on which Canadians agree. I call on all members to support the bill at second reading so it can be quickly referred to and studied by the justice committee.

[Kyle Seeback, Conservative, Brampton West, ON]

Madam Speaker, I am pleased to participate in the second reading debate on Bill C-10, the safe streets and communities act.

The bill would fulfill the government's commitment in the June 2011 Speech from the Throne to bundle and quickly reintroduce crime bills that died on the order paper when Parliament was dissolved for the general election.

Integral to this commitment, as articulated in the Speech from the Throne, are two key statements that I want to quote because I think they give voice to what all Canadians firmly believe.

First:

The Government of Canada has no more fundamental duty than to protect the personal safety of our citizens and defend against threats to our national security.

Second:

Our government has always believed the interests of law-abiding citizens should be placed ahead of those of criminals. Canadians who are victimized or threatened by crime deserve their government's support and protection--

In my view, this precisely characterizes Bill C-10. It packages nine former bills that, collectively, recognize and seek to protect our vulnerabilities; for example, children's vulnerability to being preyed upon by adult sexual predators, foreign workers' vulnerability to being exploited by unscrupulous Canadian employers, and our collective vulnerability to suffering the harms that go hand in hand with serious drug crimes, such as drug trafficking, production and acts of terrorism.

Knowing this, and knowing as well that many of these reforms have been previously debated, studied and passed by at least one chamber, there is no reason not to support Bill C-10 in this Parliament.

Bill C-10 is divided into five parts.

Part 1 proposes to deter terrorism by supporting victims. It would create a new cause of action for victims of terrorism to enable them to sue not only the perpetrators of terrorism but all those who support terrorism, including listed foreign states, for loss or damage that occurred as a result of an act of terrorism or omission committed anywhere in the world on or after January 1, 1985.

The State Immunity Act would be amended to remove immunity from those states that the government has listed as supporters of terrorism. These amendments were previously proposed and passed by the Senate in the form of Bill S-7, justice for victims of terrorism act, in the previous session of Parliament. They are reintroduced in Bill C-10, with technical changes to correct grammatical and cross-reference errors.

Part 2 proposes to strengthen our existing responses to child exploitation and serious drug crimes, as well as serious violent and property crimes. It would better protect children against sexual abuse in several ways, including by uniformly and strongly condemning all forms of child sex abuse through the imposition of newer and higher mandatory minimum penalties, as well as creating new core powers to impose conditions to prevent suspected or convicted child sex offenders from engaging in conduct that could facilitate or further their sexual offences against children.

These reforms are the same as they were in former Bill C-54, protecting children from sexual predators act, with the addition of proposed increases to the maximum penalty for four offences and corresponding increases in their mandatory minimum penalities to better reflect the particularly heinous nature of these offences.

Part 2 also proposes to specify that conditional sentences of imprisonment, often referred to as house arrest, are never available for offences punishable by a maximum of 14 years or life, for offences prosecuted by indictment and punishable by a maximum penalty of 10 years that result in bodily harm, trafficking and production of drugs or that involve the use of a weapon, or for listed serious property and violent offences punishable by a maximum penalty of 10 years that are prosecuted by indictment.

These reforms were previously proposed in former Bill C-16, ending house arrest for property and other serious crimes by serious violent offenders act which had received second reading in this House and was referred to the justice committee when it died on the order paper.

It is in the same form as before with, again, a few technical changes that are consistent with the objectives of the bill as was originally introduced.

Part 2 also proposes to amend the Controlled Drugs and Substances Act to impose mandatory minimum sentences for serious offences involving production and/or possession for the purposes of trafficking and/or importing and exporting and/or possession for the purpose of exporting Schedule I drugs, such as heroin, cocaine and methamphetamine, and Schedule II drugs, such as marijuana.

These mandatory minimum penalties would be imposed where there is an aggravating factor, including where the production of the drug constituted a potential security, health or safety hazard, or the offence was committed in or near a school.

This is the fourth time that these amendments have been introduced. They are in the same form as they were the last time when they were passed by the Senate as former Bill S-10, Penalties for Organized Drug Crime Act, in the previous Parliament.

Part 3 proposes numerous post-sentencing reforms to better support victims and to increase offender accountability and management. Specifically, it reintroduces reforms previously contained in three bills from the previous Parliament: Bill C-39, Ending Early Release for Criminals and Increasing Offender Accountability Act; Bill C-5, Keeping Canadians Safe (International Transfer of Offenders) Act; and Bill C-23B, An Act to amend the Criminal Records Act and to make consequential amendments to other Acts.

Bill C-10 reintroduces these reforms with some technical changes.

Part 4 reintroduces much needed reforms to the Youth Criminal Justice Act to better deal with violent and repeat young offenders. Part 4 includes reforms that would ensure the protection of the public is always considered a principle in dealing with young offenders and that will make it easier to detain youth charged with serious offences pending trial.

These reforms were also previously proposed in former Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders).

Part 5 proposes amendments to the Immigration and Refugee Protection Act to better protect foreign workers against abuse and exploitation. Their reintroduction in Bill C-10 reflects the fifth time that these reforms have been before Parliament, with the last version being former Bill C-56, Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act.

In short, Bill C-10 proposes many needed and welcome reforms to safeguard Canadians. Many have already been supported in the previous Parliament and Canadians are again expecting us to support them in this Parliament.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Madam Speaker, I am pleased to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act.

Bill C-10 is comprehensive legislation that addresses a number of serious issues that are in front of mind for this government and for all Canadians.

It proposes legislative reforms to strengthen our existing responses to: child sexual abuse and exploitation as well as serious drug, violent and property crimes found in part 2, clauses 10 to 51; terrorism, found in part 1, clauses 2 to 9; violent young offenders, part 4, clauses 167 to 204; offender accountability and management, part 3, clauses 52 to 166; and the protection of vulnerable foreign workers against abuse and exploitation, part 5, clauses 205 to 207.

There can be no question that this is an important package of reforms. That is why we must take our task as lawmakers seriously, and study and pass these proposals to ensure the safety of all Canadians.

Bill C-10 compiles the reforms that were included in nine bills that were before the previous Parliament which died on the order paper with the dissolution of that Parliament for the general election. Former Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders) is now in part 4 of Bill C-10. Former Bill C-5, Keeping Canadians Safe (International Transfer of Offenders) Act is now in part 3. Former Bill C-16, Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act is now in part 2. Former Bill C-23B, Eliminating Pardons for Serious Crimes Act is now in part 3. Former Bill C-39, Ending Early Release for Criminals and Increasing Offender Accountability Act is now in part 3. Former Bill C-54, Protecting Children from Sexual Predators Act is now in part 2. Bill C-56, Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act is now in part 5. Former Bill C-59, Abolition of Early Parole Act is now in part 3. Former Bill S-7, Justice for Victims of Terrorism Act is now in part 1. Former Bill S-10, Penalties for Organized Drug Crime Act is now in part 2.

Many of these former bills were previously debated, studied and some were even passed by the House of Commons. Therefore, they should easily be supported again in this Parliament.

I would like to focus the balance of my remarks on the proposals in Bill C-10 to better protect children against sexual exploitation, that being those reforms now in part 2 of this legislation that were previously in Bill C-54 in the last session of Parliament.

The reforms build on the government's well-established commitment and track record in delivering concrete measures tackling violent crime, and in particular to safeguard children against violent sexual offenders. For example, the Tackling Violent Crime Act, 2008 raised the age of consent of sexual activity from 14 to 16 years to better protect Canadian youth against adult sexual predators. It also better protected all Canadians against dangerous offenders by providing police, crown prosecutors and the courts with much needed tools to more effectively manage the threat posed by individuals who were at high risk of reoffending sexually and violently.

While it is true that our existing criminal laws addressing child sexual abuse and exploitation are already comprehensive and robust, there is always room for improvement. We should never be complacent in ensuring that we are doing all we can to safeguard such a vulnerable segment of the Canadian population.

This point is underscored by Statistics Canada's Canadian Centre for Justice Statistics Juristat article “Police-reported crime statistics in Canada, 2010”, released on July 21, 2011, which reported increases in the rates of child pornography offences as up 36% and sexual assault as up 5%.

The proposed reforms in Bill C-10 are both timely and welcome. They address clear gaps in our existing laws. The address the gap created by inconsistent penalties for sexual assault offences where the victim is a child and the gap that now exists because some of the preparatory conduct engaged in by child sex offenders is not criminalized. They fill a gap in our existing measures to help prevent known or suspected child sex offenders from engaging in conduct that could facilitate their sexual offences.

The proposals in Bill C-10 seek to ensure that all sexual offences involving a child are treated equally, seriously and consistently. They do so by: proposing to impose new mandatory minimum penalties for offences involving child victims that currently do not carry minimum penalties; increasing the mandatory minimum penalties for some child sex offences that are already imposed; and, by increasing the maximum penalties on some other offences. Once these reforms are enacted, there would be a consistent approach to sentencing in all sexual assault cases involving child victims.

Child sexual assault could be charged under any of the child-specific sexual offences or under the general sexual assault offences that also apply to adult victims. Currently, 12 but not all child-specific sexual offences impose mandatory minimum penalties and none of the general sexual assault offences impose mandatory minimum penalties.

In practice, this means that the overwhelming majority of child sexual assault cases do not carry mandatory minimum sentences. This is because the majority of child sexual offences are charged under the general sexual assault offence in section 271, which does not currently impose a mandatory minimum sentence of imprisonment. That is 80% of all child sex offences charged in 2008. The source of this information is Statistics Canada's Canadian Centre for Justice Statistics Uniform Crime Reporting Survey, UCR2. It is very current data.

If we take as our starting point the universally shared view that all child sexual abuse must be strongly condemned and that mandatory minimum penalties are exceptional in the Criminal Code and are reserved for those crimes that Parliament determines must be strongly denounced and deterred, it should be obvious to all that the current use of mandatory minimum sentences for some but not all sexual offences involving child victims is just wrong. That sends a message to some victims that their experience of sexual assault is less serious than that of other child victims. It also sends a message to child sex offenders that they should try to plea bargain for charges under offences that do not impose mandatory minimum penalties.

Bill C-10 contains fundamental legislative safeguards for all Canadians. I call upon the opposition members to put an end to their attempts to obstruct the bill and to support our efforts to keep Canadians safe.

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

Mr. Speaker, in my previous comments, I was talking about Bill C-10 and specifically the portion affecting the amendments to the Youth Criminal Justice Act.

On the old Bill C-4 from the last Parliament, the justice committee heard concerns from many of the provincial attorneys general concerning the issue of pretrial detention. I would remind the House that the primary concern of provinces with the approach of Bill C-4 was that pretrial detention would not be available to a youth charged with an offence that was not “a serious offence”.

The provisions in the current Bill C-10 address this concern. Under the proposed amendments, pretrial detention of a youth charged with a non-serious offence is possible if the youth has a history that indicates a pattern of either outstanding charges or findings of guilt and if the court finds that detention is necessary for the protection and safety of the public.

This change would allow for detention of so-called out-of-control youth who would pose a danger to society even if that youth were not presently before the court on a serious offence charge.

Moreover, the test for pretrial detention will be self-contained in the Youth Criminal Justice Act, without requiring reference to the Criminal Code provisions as is currently the case.

The second modification to the former Bill C-4 deals with the availability of the deferred custody and supervision order, which is a Youth Criminal Justice Act sentencing option that allows a young person who would otherwise be sentenced to custody to serve his or her sentence in the community under conditions. If those conditions are violated, the young person can be sent to custody.

Under the Youth Criminal Justice Act, this order is not available as a sentencing option if the young person has been found guilty of a serious violent offence, currently defined in the act as an offence in the commission of which a young person causes or attempts to cause serious bodily harm.

The new narrower definition of a “serious violent offence” proposed in Bill C-4 would have expanded the scope of offences for which deferred custody and supervision orders would be available.

However, the provisions in the current bill include the new definition of “serious violent offence” and would also include a change to the amendments proposed in the former Bill C-4 in order to retain the current law on eligibility for these orders, meaning that a deferred custody and supervision order will not be available if the youth is found guilty of an offence involving either serious bodily harm or an attempt to cause serious bodily harm. I think members could agree with me that these modifications are an improvement over the former Bill C-4.

The third modification since Bill C-4 concerns the adult sentencing provisions in the Youth Criminal Justice Act. The amendments to the former Bill C-4 and contained in this new bill would require a prosecutor to consider seeking an adult sentence for young offenders 14 and older who committed serious violent offences. Prosecutors would also have to inform the court if they decided not to apply for an adult sentence for individual 14 or older who were convicted of a serious violent offence. When the Crown would apply for an adult sentence, the onus would have been on the Crown to convince the judge that an adult sentence was justified.

In part these amendments respond to the Supreme Court of Canada ruling in the case of R. v. D.B. that certain provisions of the Youth Criminal Justice Act violated section 7 of the charter. These presumptive offence provisions placed an onus on a young person found guilty of certain serious violent offences to justify receiving a youth rather than an adult sentence and to justify the continued protection of their privacy.

The proposed amendments remove the presumptive offence provisions from the Youth Criminal Justice Act as well as other inoperative provisions to clarify the test for the imposition of an adult sentence and ensure that the onus is on the Crown to satisfy the court as to the appropriateness of an adult sentence.

In the former Bill C-4 the proposed test for an adult sentence would have required that a judge be satisfied beyond a reasonable doubt that an adult sentence was necessary. When we were consulting, a number of the provinces expressed the view that “beyond a reasonable doubt” was too high a standard to meet, was not required by the current case law and would make it significantly more difficult to obtain adult sentences in appropriate circumstances.

The current proposals remove reference to the “beyond a reasonable doubt” standard that had been in the former Bill C-4, thus leaving it up to the courts to determine the appropriate standard of proof, as is the case under the current law.

I think all members of the House will agree that the amendments to the Youth Criminal Justice Act included in Bill C-10 are the result of the widespread consultations and respond to the concerns of Canadians. Our government listened to our provincial and territorial counterparts, to provincial attorneys general, Canadians and victims and have made the necessary changes to this part of Bill C-10.

I think all members can agree that the changes I have described and outlined for the House are reasonable and responsive. I encourage all hon. members to support all parts of Bill C-10.

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

Mr. Speaker, I am pleased to join the debate on Bill C-10.

As hon. members know, Bill C-10 contains provisions from various bills that were introduced in the previous Parliament, but unfortunately were blocked by the opposition.

The focus of my remarks today will be on the amendments to the Youth Criminal Justice Act.

The proposed changes to the Youth Criminal Justice Act reflect what we as parliamentarians have been hearing from our constituents. They are concerned about the threat posed by violent young offenders as well as by youth who may commit non-violent offences but who appear to be spiralling out of control towards more and more dangerous and harmful behaviour. In talking to fellow Canadians, we have found that they can lose faith in the youth criminal justice system when sentences given to violent and repeat young offenders do not make these youth accountable for their actions.

The package of Youth Criminal Justice Act amendments also responds to issues raised during cross-country consultations, to key decisions of the courts, to concerns raised by the provinces and territories, and to the positions put forward by the many witnesses who appeared before the justice committee during its study of former Bill C-4.

The reforms reflect the widely held view that while the Youth Criminal Justice Act is working fairly well in dealing with the majority of youth who commit crimes, there are concerns about the small number of youth who commit serious repeat or violent offences.

The proposed amendments to the Youth Criminal Justice Act are found in part 4, clauses 167 through 204, of the comprehensive Safe Streets and Communities Act. With a few exceptions, the proposed changes are the same as the changes that were proposed in former Bill C-4, also known as Sébastien's law.

Bill C-4 was introduced in the House of Commons on March 16, 2010 and was before the House of Commons justice and human rights committee, of which I am a member, when Parliament was dissolved prior to the May 2011 election.

As I have indicated, most of the Youth Criminal Justice Act provisions in the bill now before us were included in former Bill C-4. However, after Bill C-4 was introduced in Parliament, a number of provincial attorneys general expressed concerns about the proposed amendments to the Youth Criminal Justice Act provisions dealing specifically with pretrial detention, deferred custody and supervision orders, and adult sentencing.

These concerns were raised directly with the Minister of Justice and were brought before the justice committee. The government has listened carefully to these and other concerns, and has responded by making the appropriate changes to the previous legislation.

As my colleague, the hon. member for Kitchener Centre, has already given the House a thoughtful and thorough description of the provisions that were found in former Bill C-4, I will specifically discuss the minor changes that are included in this version of the bill.

With respect to pretrial detention, the government recognizes that the current Youth Criminal Justice Act provisions are complex, leading to a varied application of the provisions by the courts.

Bill C-4 proposes a much more straightforward approach to pretrial detention that would have allowed courts to detain a youth awaiting trial if the youth was charged with a serious offence and the court found a substantial likelihood that, if released, the youth would either not appear in court when required to do so or would commit a serious offence while awaiting trial.

The provinces' primary concern with the approach of Bill C-4 was that pretrial detention would be available for youth charged with an offence that was not deemed to be a serious offence. They felt that this could prevent detention of a youth who, although currently charged with a non-serious offence, had a prior history of charges or offending and appeared to be spiralling out of control and thus was posing a risk to public safety.

I will be happy to—

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Mr. Speaker, I am very pleased to be in the House today to talk about the important changes to the Youth Criminal Justice Act that are included in the Safe Streets and Communities Act.

Since coming to power in 2006, our government has been working hard to ensure that Canadians can feel safe and secure in their communities. A key part of this ongoing work has focused on improvements to our youth criminal justice system. In particular, the government is taking action to strengthen the ways in which the system deals with serious, repeat and violent young offenders. My remarks today will focus on some of the key proposals that address those concerns.

First, the proposed amendments ensure that protection of society remains a key goal of the youth criminal justice system.

While the principles of the youth criminal justice system currently identify the long-term protection of the public as an objective of the act, the bill before us would make it clear that the youth criminal justice system is intended to protect the public by holding young offenders accountable, by promoting their rehabilitation and reintegration into society, and by preventing crime by addressing the circumstances underlying their offending behaviour.

A youth justice system that fails to protect society fails Canadians. Canadians have the right to be protected from crime, including youth crime, and the Government of Canada is committed to achieving that goal.

During our committee hearings on the former Bill C-4, some witnesses expressed the view that this change to the principles of the Youth Criminal Justice Act would move us toward a more punitive youth justice system and away from a system that emphasizes rehabilitation and reintegration.

In fact, if members look at the full statement of principles in the amendment, it is clear that this is simply not the case. Indeed, the proposed amendment specifically states that rehabilitation, reintegration and crime prevention are key to the protection of society.

Furthermore, the bill also proposes amending the principles of the Youth Criminal Justice Act by adding a fundamental principle of justice already articulated by the Supreme Court of Canada, namely that the youth criminal justice system must be based on the principle of diminished moral blameworthiness or diminished culpability.

Therefore, the proposed changes to the principles reflect a balanced approach that, together with the preservation of the existing principles, will guide those working within the youth criminal justice system to respond to youth in a more effective manner.

The proposed amendments also make important changes to the principles of sentencing in the Youth Criminal Justice Act. The amendments add specific deterrence and denunciation as principles to guide a judge in sentencing young offenders. Right now, deterrence and denunciation are not even included as objectives in youth sentencing decisions, even though many Canadians believe that young offenders' sentences should be designed to deter further offending and to send a message to that particular young offender before the court that criminal behaviour is simply not acceptable.

However, the proposed amendment would also make it very clear that a sentence must still be proportionate to the seriousness of the offence and to the degree of responsibility of the young person for that offence. That means, for example, that judges will not be able to give a young offender an extra-long sentence just to send a message to other youth that the unlawful behaviour was wrong.

Once again, in my view these changes, taken together with the existing principles of sentencing in the Youth Criminal Justice Act, represent a balanced approach that will allow courts to respond to youth crime in an appropriate and effective way.

The package of reforms also includes several significant changes to the definition sections of the Youth Criminal Justice Act. The amended act would define “serious offence” as any indictable offence that carries a maximum penalty in the Criminal Code or in another act of Parliament of five years or more.

This definition includes both property offences, such as auto theft and theft over $5,000, and violent offences, such as common assault, sexual assault and robbery.

Right now there is no definition of “serious offence” in the Youth Criminal Justice Act. This new definition will have important implications for pretrial detention, and I will touch on them in a few moments.

The amendments also expand the meaning of “violent offence” under the Youth Criminal Justice Act.

The current scope of “violent offence” under the act was interpreted by the Supreme Court of Canada as including offences in which a young offender causes or attempts to cause or threatens to cause bodily harm, but not to include other offences that endanger someone's life or safety. An example is dangerous driving.

The proposed definition includes offences in which a young person actually endangers the life or safety of another person by creating the substantial likelihood of causing bodily harm. This new definition would have application in a number of areas, including the imposition of custodial sentences and the lifting of publication bans.

The proposed amendments to the Youth Criminal Justice Act modify the restrictions on the use of custody as a youth sentencing measure. Apart from exceptional cases, currently a court cannot impose a custodial sentence on a young offender unless that young offender has committed a violent offence, failed to comply with previous non-custodial sentences, or committed an indictable offence for which an adult would be liable to imprisonment for a term of more than two years, and also has a history that demonstrates a pattern of findings of guilt.

The proposed amendment pertains to the third circumstance, namely to cases in which a young offender has committed a non-violent indictable offence for which an adult is liable to more than two years in prison. The amendment would simply allow and give discretion to a judge to impose a custodial sentence in such a case if the youth's history demonstrated a pattern of findings of guilt or of extrajudicial sanctions or both.

This means that custody could be an option for a young offender who has been found guilty of a non-violent offence and who has in the past engaged in criminal behaviour for which the youth has admitted responsibility, but which was dealt with through extrajudicial sanctions. This simply allows the court to take the youth's full history into account to help determine the appropriate sentence.

The bill also creates a requirement that records be kept when extrajudicial measures are used by law enforcement, which will make it easier to find patterns of repeated reoffending that the police and others may take into account in deciding on appropriate interventions, such as whether to use another extrajudicial measure or proceed through the courts.

Changes to the publication provisions in the Youth Criminal Justice Act are also contained in this package of reforms. Currently the identity of a young offender is protected, and identifying information can be published only in limited circumstances; for example, the publication ban is automatically lifted if a youth receives an adult sentence. The publication ban could also be lifted by the judge in cases in which a youth has received a youth sentence for an offence that falls within a very narrow category of the most serious violent offences.

The new law requires judges simply to consider lifting publication bans whenever a youth sentence is imposed on a youth found guilty of a violent offence. The publication ban could be lifted, but only if the judge finds that the young person poses a significant risk of committing another violent offence and only if the lifting of the ban is necessary to protect the public. It will always be up to the prosecution to convince the judge that lifting the ban is necessary.

As the title of the bill indicates, the amendments to the Youth Criminal Justice Act contained in the safe streets and communities act would make violent and repeat young offenders more accountable for their actions and better protect Canadians. This is what Canadians expect of their youth justice system, and it is an important priority for our government.

I ask all members of the House to join together with me and the government to focus on the concerns common to all Canadians.

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, I am pleased to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act. It is a bill that is very important to residents in my riding of Bruce—Grey—Owen Sound and certainly across Canada.

The June 2011 Speech from the Throne recognized the government's fundamental duty to protect the personal safety of all Canadians. Toward this end we have committed to reintroduce law and order legislation to combat crime, including protecting children from sex offenders, eliminating house arrest and pardons for serious crimes, and protecting the most vulnerable in society, our children.

Bill C-10 supports this commitment. It is a comprehensive package of law reforms that had been proposed in nine bills before the previous Parliament, but which died with the dissolution of that Parliament for the general election.

Part 1, clauses 2 to 9, of Bill C-10 includes reforms to support victims of terrorism. These were proposed in former Bill S-7, the Justice for Victims of Terrorism Act.

Part 2, clauses 10 to 51, proposes sentencing reforms to address child sexual exploitation, serious drug offences, and to eliminate the use of conditional sentences for serious, violent and property crimes. It incorporates reforms that were proposed in former Bills C-54, the Protecting Children from Sexual Predators Act, S-10, the Penalties for Organized Drug Crime Act and C-16, the Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act.

Part 3, clauses 52 to 166, includes post-sentencing reforms to increase offender accountability, eliminate pardons for serious crimes, and revise the criteria for determining international transfers of Canadian offenders. These reforms were proposed in former Bills C-39, the Ending Early Release for Criminals and Increasing Offender Accountability Act, C-23, the Eliminating Pardons for Serious Crimes Act, C-59, the Abolition of Early Parole Act and C-5, the Keeping Canadians Safe (International Transfer of Offenders) Act.

Part 4, clauses 167 to 204, proposes reforms to the Youth Criminal Justice Act to better protect Canadians from violent young offenders. These had been proposed in former Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders).

Part 5 of Bill C-10 proposes amendments to the Immigration and Refugee Protection Act to protect foreign workers against abuse and exploitation, including sexual exploitation and human trafficking. These amendments had been proposed in former Bill C-56, the Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act.

Many of these proposed reforms were debated and studied in the previous Parliament. I welcome their reintroduction in this new Parliament.

I will focus my remaining time on Bill C-10's proposal to better protect children against sexual exploitation.

As with its predecessor Bill C-54, the objectives of Bill C-10's child sexual exploitation reforms are twofold. First, they seek to ensure that for sentencing purposes all child sexual offences are treated severely and consistently. Second, they seek to protect children by preventing the commission of these offences. Bill C-10 does this by imposing stiffer and stronger penalties.

Bill C-10 proposes numerous amendments to enhance the penalties or sentences of imprisonment that are currently imposed for sexual offences involving child victims. It imposes new or higher mandatory minimum sentences of imprisonment as well as higher maximum penalties for certain offences.

Currently, the Criminal Code has an inconsistent approach regarding penalties for sexual offences involving a child victim. For instance, there are 12 child-specific sexual offences that impose a mandatory minimum sentence of imprisonment, yet there are other child-specific offences that do not impose a minimum penalty.

Similarly, the general sexual offences that apply to both adult and child victims alike do not impose any mandatory minimum penalty where the victim is a child.

As the grandfather of two granddaughters, one six years old and the other three years old, this means a lot to me. The bill serves to strengthen the laws that protect our children and the vulnerable. There should be no question about supporting this bill.

Mandatory minimum penalties are exception In the Criminal Code of Canada. Generally, they have been imposed because Parliament has determined that the nature of a particular offence is sufficiently serious to include a sentence of imprisonment. That sentence was devised to best reflect the facts and circumstances of the case and does not get lost between the mandatory minimum period of time to the prescribed maximum penalty. Where mandatory minimum sentences are imposed, a conditional sentence of imprisonment is never appropriate for the offence.

Given this understanding of mandatory minimum sentences of imprisonment, the effect of imposing these in only some but not all sexual offences where the victim is a child suggests that some child sexual offences are more serious than others. It is ludicrous to suggest that some child victims have been less victimized than others. I cannot understand that thought process.

In my view, this contradicts a fundamental value of Canadian society, namely that all children are among our most vulnerable and that all are deserving of equal protection against all forms of child sexual abuse and exploitation. Therefore, I welcome the proposals of Bill C-10 to impose mandatory minimum sentences for seven sexual offences wherein the victim is a child and where currently mandatory minimum sentences are not imposed.

Bill C-10 also proposes to impose higher mandatory minimum sentences for nine offences that already carry a minimum sentence. These increases would ensure that the minimum sentence is not only in line with the offence in question but also is coherent with the minimum sentences imposed for other offences.

As well, Bill C-10 proposes to create two new offences to prevent the commission of a contact sexual offence against a child. Both of these offences would also impose mandatory minimum sentences.

I would also note that Bill C-10 proposes a few sentencing reforms that were not included in Bill C-54. These changes are entirely consistent with the overall sentencing objectives of former Bill C-54 and seek to better reflect the particularly heinous nature of these offences.

Finally, these changes would increase the maximum penalty and corresponding mandatory minimum sentences for four child sex offences. When proceeded on summary conviction, subsections 163.1(2), making child pornography, and 163.1(3), distribution, et cetera, of child pornography, propose to increase the maximum penalty from 18 months to 2 years less a day as well as increase the current minimum sentence from 90 days to 6 months.

In section 170, parent or guardian procuring sexual activity, the bill proposes to increase the minimum penalty from 6 months to 1 year and the maximum penalty from 5 years to 10 years where the victim is under the age of 16 years, and the minimum from 45 days to 6 months and the maximum from 2 years to 5 years respectively where the victim is 16 to 17 years old.

I hope that all hon. members will work with us to support the expeditious enactment of these much needed reforms.

In closing, as members of Parliament we all have a number of issues that come before us. In my seven years in this great place the one thing that I consistently hear from my constituents, especially those with children, young children and grandchildren, is the lack of rights for victims in this country. We worry more about the rights of criminals than victims, which is a sad case. The pendulum has swung too far one way. I am proud to be part of a government that would straighten that out.

I look forward to all hon. members in the House supporting Bill C-10.

[Robert Goguen, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am honoured to rise here today to speak at second reading of Bill C-10, the Safe Streets and Communities Act.

As many of my colleagues know, this government committed to introducing once again—yes, once again—any law and order bills that died on the order paper at the dissolution of the 40th Parliament.

The proposed changes aim, for example, to protect children from sexual crimes, to clarify ineligibility for conditional sentences and pardons, and to protect other vulnerable members of our society.

With all that in mind, the bill before us constitutes a comprehensive bill incorporating all the changes previously proposed in nine separate bills introduced during the previous parliament.

The first part of the bill—clauses 2 to 9—contains the changes suggested in the former Bill S-7, the Justice for Victims of Terrorism Act.

Part 2 contains clauses 10 to 51 of the bill, which include the amendments found in former bills C-54, the Protecting Children from Sexual Predators Act, which was designed to protect children from sexual predators and certain sexual offences; C-16 , the Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act, intended to limit the use of conditional sentences; and S-10, the Penalties for Organized Drug Crime Act, to increase sentences for serious drug-related offences.

Part 3—clauses 52 to 166—includes measures to increase the accountability of offenders, eliminate pardons for serious crimes and modify the factors considered in the international transfer of Canadian offenders. These amendments were contained in former bills C-39, the Ending Early Release for Criminals and Increasing Offender Accountability Act; C-23B, the Eliminating Pardons for Serious Crimes Act; C-59, the Abolition of Early Parole Act; and C-5, the Keeping Canadians Safe (International Transfer of Offenders) Act.

Part 4 of the bill—clauses 167 to 204—amends the Youth Criminal Justice Act to better protect Canadians against violent young offenders. These amendments were included in former Bill C-4 , Sébastien's Law (Protecting the Public from Violent Young Offenders).

The last part of the bill—clauses 205 to 207—proposes amendments contained in former Bill C-56, the Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act, that would amend the Immigration and Refugee Protection Act in order to protect workers who want to work in Canada and are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

In particular, I would like to elaborate on clause 34 of Part 2 of the bill, which seeks to curtail the use of conditional sentences for some property crimes and other serious crimes.

As I mentioned earlier, these amendments were contained in a previous bill, Bill C-16, which died on the order paper with the dissolution of the third session of the 40th Parliament. However, there are some technical differences, which I will discuss later.

Currently, under the Criminal Code, conditional sentencing, sometimes referred to as house arrest, can be imposed when an offence is not punishable by a mandatory minimum sentence and the court hands down a prison sentence of less than two years.

In fact, since December 2007, conditional sentences have no longer been available for indictable offences with a maximum prison sentence of 10 years or more in the case of serious personal injury offences, terrorism offences or organized crime offences.

What is more, the court imposing a conditional sentence has to be satisfied that serving the sentence in the community will not jeopardize the safety of the community and that the sentence is consistent with the fundamental purpose and principles of sentencing.

It is important to note that the fundamental purpose of sentencing, as set out in section 718 of the Criminal Code, is to contribute to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives: to denounce unlawful conduct; to deter the offender and other persons from committing offences; to separate offenders from society, where necessary; to assist in rehabilitating offenders; to provide reparations for harm done to victims or the community; and to promote a sense of responsibility in offenders.

The Criminal Code also informs us that a just sanction is a sanction that is proportionate to the gravity of the offence and the degree of responsibility of the offender. To achieve this, the courts take into consideration aggravating and mitigating factors in each case. Before describing the key aspects of the proposed changes, I want to provide some background on the provisions in the Criminal Code on conditional sentences.

Conditional sentencing came into effect in 1996, when the government wanted, among other things, to reduce excessive use of incarceration for less serious crimes. I repeat: less serious crimes. Moreover, the information document that accompanied these sentencing reforms states that the addition of conditional sentencing as a new form of sentencing means that offenders who have committed a less serious crime and who otherwise would be incarcerated can serve their sentence in the community under close supervision.

The limits that I mentioned earlier were established in order to guarantee that conditional sentences could be given only for less serious crimes, in keeping with the fundamental principles and purpose of sentencing. However, in the years following the creation of this type of sentencing, there has been a complete lack of consistency when it comes to determining when conditional sentencing is appropriate.

At the time, many court decisions gave a conditional sentence for serious and violent crimes. This contributed to the public's loss of faith in the justice system. Clearly, many people, and some provinces and territories, wondered whether the limits on conditional sentencing set out in the Criminal Code were sufficient.

In order to deal with this lack of consistency in conditional sentencing, this government introduced Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment) on May 4, 2006. This bill proposed the elimination of conditional sentencing for any indictable offence with a maximum prison sentence of 10 years or more. However, Bill C-9 was amended by the opposition parties to limit the ban on conditional sentencing to indictable offences with a maximum prison sentence of 10 years or more that constitute serious personal injury offences, terrorism offences or criminal organization offences. These amendments took effect on December 1, 2007.

The definition of serious personal injury was developed in the context of dangerous offenders, which is why this definition is found in part 24 of the Criminal Code. According to this definition, serious personal injury offences include any indictable offence, other than high treason, treason, first degree murder or second degree murder—punishable by at least 10 years in prison—involving the use or attempted use of violence against another person, or conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person.

The second part of this definition is clearer, as it lists sexual assault, sexual assault with a weapon and aggravated sexual assault as serious personal injury offences.

It is important to understand that the opposition parties borrowed a term straight from the dangerous offender regime in order to put limits on a sentence that should only be applied to less dangerous offenders. That created two philosophical approaches for interpreting the definition of serious personal injury in the context of conditional sentencing.

Another issue with the definition of serious personal injury is that it only targets violent offences. The definition of serious personal injury cannot ensure that a conditional sentence will not be used in the case of serious fraud or theft over $5,000.

The amendments in this bill will ensure that certain non-violent serious offences will still be treated as serious offences, thus avoiding the use of conditional sentencing. The amendments to the conditional sentencing regime proposed in this bill aim to establish clear benchmarks to allow for consistent use of conditional sentencing in order to respect Parliament's intention when it created this sentence.

That is why the bill proposes eliminating the reference to serious personal injury offences and restricting the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life.

The same will apply to indictable offences punishable by a maximum of 10 years' imprisonment when they result in bodily harm, involve the import, export, trafficking or production of drugs or involve the use of weapons.

When an offence is committed under these circumstances, it is even more important to deter the offender and denounce the crime. This justifies restricting the availability of conditional sentences in such cases. It is possible however that the limits I just described do not cover all offences prosecuted by way of indictment and punishable by a maximum of 10 years in prison.

Therefore, the bill also proposes limiting the availability of conditional sentences for prison breach, criminal harassment, sexual assault, kidnapping, trafficking in persons, abduction of a person under 14, motor vehicle theft, theft over $5,000, breaking and entering a place other than a dwelling-house, being unlawfully in a dwelling-house, and arson for fraudulent purpose.

As I mentioned at the beginning of my speech, there are technical differences between the changes proposed in this bill and those contained in the former Bill C-16.

For example, Bill C-16 proposed the abolition of conditional sentencing for the offence of luring a child, described in section 172.1. This is no longer on the list of offences that would not be eligible for conditional sentencing, since article 22 of this bill proposes a minimum punishment of imprisonment for a term of one year in the case of an indictable offence, or 90 days in the case of a summary conviction.

Another change from Bill C-16 is that the list of offences that are no longer eligible for conditional sentence includes the new offence of motor vehicle theft, described in section 333.1 of the Criminal Code.

The final change would correct an error that slipped into Bill C-16. That bill did not include the offence of abduction of a person under 14 by a parent or guardian. The intent was, however, to target the offence described in section 281 of the Criminal Code, which has to do with the abduction of a person under 14 by a stranger.

I want to reassure my colleagues that even though the reference in section 742.1 to serious personal injury offences is set to be eliminated, the changes in this bill will ensure that those who are convicted of sexual assault, sexual assault with a weapon and aggravated sexual assault will not be eligible if prosecuted by way of indictment.

Note also that conditional sentencing will no longer be available for persons convicted of sexual assault against a person 16 or under since clause 25 of the bill proposes a minimum sentence of one year when the offence is prosecuted by way of indictment, and 90 days on summary conviction.

This government is addressing the concerns of Canadians who no longer want to see conditional sentences used for serious crimes, whether they are violent crimes or property crimes.

For the reasons I have just mentioned, I urge my fellow members of this House to unanimously support the proposed changes to the conditional sentencing system.