Bill C-10 (Historical)

Safe Streets and Communities Act

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

Part 1 of this enactment creates, in order to deter terrorism, a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters. It also amends the State Immunity Act to prevent a listed foreign state from claiming immunity from the jurisdiction of Canadian courts in respect of actions that relate to its support of terrorism.
Part 2 amends the Criminal Code to
(a) increase or impose mandatory minimum penalties, and increase maximum penalties, for certain sexual offences with respect to children;
(b) create offences of making sexually explicit material available to a child and of agreeing or arranging to commit a sexual offence against a child;
(c) expand the list of specified conditions that may be added to prohibition and recognizance orders to include prohibitions concerning contact with a person under the age of 16 and use of the Internet or any other digital network;
(d) expand the list of enumerated offences that may give rise to such orders and prohibitions; and
(e) eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years.
It also amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis (marijuana) production and to reschedule certain substances from Schedule III to that Act to Schedule I.
Part 3 amends the Corrections and Conditional Release Act to
(a) clarify that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process and for the National Parole Board and the provincial parole boards in the determination of all cases;
(b) establish the right of a victim to make a statement at parole hearings and permit the disclosure to a victim of certain information about the offender;
(c) provide for the automatic suspension of the parole or statutory release of offenders who receive a new custodial sentence and require the National Parole Board to review their case within a prescribed period; and
(d) rename the National Parole Board as the Parole Board of Canada.
It also amends the Criminal Records Act to substitute the term “record suspension” for the term “pardon”. It extends the ineligibility periods for applications for a record suspension and makes certain offences ineligible for a record suspension. It also requires the National Parole Board to submit an annual report that includes the number of applications for record suspensions and the number of record suspensions ordered.
Lastly, it amends the International Transfer of Offenders Act to provide that one of the purposes of that Act is to enhance public safety and to modify the list of factors that the Minister of Public Safety and Emergency Preparedness may consider in deciding whether to consent to the transfer of a Canadian offender.
Part 4 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.
Part 5 amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.
The enactment also makes related and consequential amendments to other Acts.

Safe Streets and Communities Act

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Mr. Speaker, I have heard a number of times from the opposite bench about programs that will keep people from crime.

I come from a riding, Ancaster—Dundas—Flamborough—Westdale, as part of the greater city of Hamilton, where there has been some significant investments for a national crime prevention centre from HRSDC to keep people from committing crime and for gang prevention. These investments have been made in Hamilton Centre, Hamilton East—Stoney Creek and Hamilton Mountain. In fact, all those ridings are held by opposition members. There were millions of dollars spent.

Does the member believe all we should do is just spend money on those kinds of programs, or should we make sure that we protect victims and actually incarcerate very serious criminals, and ensure they are behind bars so they are not committing crimes and victimizing more people?

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, our government is trying to take a balanced approach. We certainly understand that some of these things can be dealt with through prevention. That is why we have some programs in place. The member mentions a program that covers a large number of seats held by the opposition, but surrounds both the member's and my riding. We understand that is important and that is why we believe we should do that.

Quite frankly, a number of the programs I talked about, such as pathways to education, are held in opposition ridings. We recognize these as being great programs. We are trying to establish and realize that for too long the rights of victims have taken a back seat to the rights of criminals. Right now it is a balancing act to try to rehabilitate people, but we also understand that if serious crimes are being committed, perpetrators will be responsible for their actions and they will do serious time as a result of serious crimes.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, the hon. member says “offender”; we say “adolescent”. If we had imprisoned every thug in the past, our society might be without some great people today, and these people would have a criminal record.

As for the Youth Criminal Justice Act, this government has received suggestions for amendments to the act from the provinces. But it has refused to consider them. Why is the government not listening to the suggestions from prosecutors and people in the provinces?

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, when we look at protecting society from violent and repeat young offenders, we are not talking about minor offences. We are talking about appropriate sentences based on murder, attempted murder, manslaughter, very serious crimes. We recognize the fact that young people may make mistakes. We are not talking about petty theft, but about repeat, violent offenders.

Once again, we are trying to balance the issues of responsibility for the victim along with the responsibility for those who are committing the offences. That is why we have looked at only those who are violent and repeat offenders when it comes to young offenders.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, the member made a point that he could not imagine why people would be against mandatory minimums. I would suggest to him that a great deal of the evidence suggests that putting some people in prison for a period of time under mandatory minimums returns them to society having gone to crime school as opposed to having given them the rehabilitation they needed. I ask for his comments on that.

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, we are talking about mandatory minimum sentences for those involved in child exploitation as one example. It is important to know that if our children are being exploited, then these dangerous offenders should be kept off the street. They should not be caught and released. If they are going to be dealing with our most vulnerable, our children, they need to be dealt with accordingly and they should be kept off the streets.

[The Acting Speaker, Barry Devolin]

I would first of all like to mention that we reached the five hour point in the debate and from this point forward when the House returns to this matter, we will move on to 10 minute speeches.

It being 2:30 p.m., this House stands adjourned until tomorrow at 10 a.m., pursuant to an order made on Monday, September 19, 2011.

(The House adjourned at 2:30 p.m.)

The House resumed consideration of the motion that 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, be read the second time and referred to a committee, and of the amendment.

[Françoise Boivin, NDP, Gatineau, QC]

Madam Speaker, I rise here today with a bit of a heavy heart, for the vote that was just held suggests that the work ahead of me as a new member of this 41st Parliament is perhaps less important than that of other members in past parliaments.

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, deals with many sections and many pieces of legislation. I was told this morning that 295 witnesses appeared at 88 committee meetings in previous parliaments. Those individual bills failed to pass during previous parliaments, at least not in the form in which they were introduced by the governments in office at the time.

The government is introducing an omnibus bill that includes all these provisions. Bill C-10 is 102 pages long and includes 208 provisions that amend nine existing laws. This is not a small bill. The explanatory notes alone are 39 pages long. Not everyone in the House has experience in criminal law as it pertains to terrorism or is well versed in the laws relating to young offenders and immigration. That is a lot of things.

The leap of faith that the government is asking us to take is to find that what was done before is sufficient. In the future, when we are not happy, the axe will fall and the government will pass the bill because it committed to introduce the bill and pass it within the first 100 days of its mandate. When we disagree with the Conservatives on any part of the content or form of what they present to us, they tell us that we are in favour of criminals, child rapists and terrorists. I have a problem with this way of categorizing the serious work that all members of the House do every day.

I have a background in law. I worked in criminal law for five years when I began my practice and I was able to see the extraordinary work that the crown attorneys, judges and judiciary do; their work is not always easy. There are also defence lawyers who are obligated, under the Constitution, to represent people who are presumed innocent until proven guilty. There are some rather disturbing isolated cases that seem to have slipped through the cracks in the system. We are all aware that such is the case. I have also had a call-in radio show. Anyone who has listened to this type of show knows how things can sometimes get out of hand when people get started, particularly when such isolated cases are mentioned.

Our judicial system examines thousands and thousands of criminal cases each year. I find it a little rich that the Conservatives are introducing this 102-page bill that contains 208 provisions to amend nine existing laws on the basis of a few cases they have chosen here and there that deviate a bit from the norm.

I participated in a debate with Senator Boisvenu. I have the utmost respect and admiration for the work that he did for years after the crime that led to the loss of his two daughters. However, we must really avoid changing laws simply to respond to a need here or there.

The sad thing is that we on this side of the House are inclined to be in favour of some parts of the bill without even having to do much further study. We are in favour of the provisions having to do with sexual offences against children and parole. The entire system needs to be reformed, and that is often where we run into problems. But this bill lumps everything together.

As a member of the Barreau du Québec I can tell you that we, as lawyers, receive hours of mandatory professional training because the top priority is to protect the public. Every move a lawyer makes is scrutinized. When a lawyer goes the slightest bit off track, he or she is shown the door and is asked to report to the agency that monitors the legal profession.

The Canadian Bar Association has some valid and serious objections to this bill, not because it wants to protect criminals, but because it wants to protect what we should all be trying to protect together, and that is the penal system and the courts. We have to ensure that there is more than just the appearance of justice and that justice is actually served.

My basic concern with this bill, having practised law, is that within the Barreau du Québec and the Canadian Bar Association, two entities for which I have the utmost respect, we are going to see judges become quite apprehensive about hearing minimum sentence cases, because the bill eliminates the wonderful concept that every law student learns on their first day: every case is unique. Under the Conservatives, the concept that every case is unique no longer exists. From now on, if a person commits X crime, they receive X sentence, leaving no room to understand why the crime was committed or to see what would best serve society. Will we create hardened criminals?

Maybe the solution for the Conservatives is to keep everyone locked up for the rest of their lives regardless of the crime. That would be ridiculous. I do not want to put words in their mouths, but sometimes that is the impression the Conservatives give, because under some of the laws affected by the omnibus bill, we will no longer be able to apply this fundamental principle in law. What does that mean? It means there will be legal challenges.

I spoke to a number of my colleagues across the country as I knew that opportunities to hear from witnesses would be curtailed. I consulted several experts in the field who told me that some lawyers believe that constitutional challenges will be launched. Is it contrary to the charter in terms of unusual punishment? Is it this? Is it that? I doubt very much that we will achieve the intended results. Once again, I find it unfortunate that they are playing politics—I was going to say petty politics, but that would be unparliamentary—rather than really trying to fulfill the mandate we have been given, that is to legislate.

When I arrived here for the 41st Parliament, I believed that our job was to ensure that each bill passed is for the good of all Canadians, that each bill is useful, that each bill becomes a good law, and that each bill achieves the intended results.

I have the impression that sometimes it is a question of making headlines. Unfortunately, that does not meet the needs of victims or of the system, and it does not result in the changes the legal community is seeking.

[Libby Davies, NDP, Vancouver East, BC]

Madam Speaker, I wonder if the member is aware of a report that just came out from the Public Prosecution Service of Canada that points out that almost three-quarters of its case files involve drug crimes.

One of the real problems we have had is that the government has changed its drug strategy by eliminating harm reduction and focusing instead on enforcement. This is now causing the prison population to explode. We can see this from the Public Prosecution Service of Canada report.

I wonder what comments the member would have in terms of the impact on our society of this massive explosion of the prison population without the necessary services or rehabilitation or reintegration into society. This population explosion is basically for minimal drug crimes in many cases, and the bill would now exacerbate it.

[Françoise Boivin, NDP, Gatineau, QC]

Madam Speaker, I thank my colleague for her question.

That is one of the problems with the judicial system that has come to my attention in recent years in discussions with my colleagues and police forces. Police officers were quite pleased that they would no longer have to spend an eternity on files that may seem enormous. For example, when we are talking about cultivating seven marijuana plants it is certainly less serious than when we, or the minister, talk about cultivating 200 or 250 marijuana plants. The police were happy to focus on serious crimes, crimes of violence against persons, crimes of violence against women, against aboriginal women, in short, all kinds of violence against individuals.

The government is talking about being tough on crime and cracking down on drug crimes. Mandatory minimum sentences make me think of a case I was involved in where a young person was caught with a fairly large amount of drugs. In the end, we managed to save this young man from the criminal system and to make a good citizen of him. How? By not giving him a minimum sentence.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I would like to mention the excellent work done by my colleague from Gatineau. Once again, her speech highlighted the absurdity of the Conservatives' omnibus bill and the underlying cynicism of this fundamentally ideological and political operation, in which the government is trying to mash together a multitude of completely disparate and diverse measures. The government is creating something that will not sit well with the majority of Canadians and Quebeckers. It is trying to shove this down our throats to score political points with its very conservative and ideological base, and it will try to say that the opposition, regardless of the party, is soft on crime and is on the side of the criminals. That is a very questionable political move.

I have a question for my hon. colleague. Is she concerned about the fact that this bill will transfer huge responsibilities and costs to the Canadian provinces, when many of them—particularly Ontario and Quebec—already have problems with overpopulation in prisons? The government wants to adopt measures to send a bunch of petty criminals to crime school in already overpopulated prisons.

[Françoise Boivin, NDP, Gatineau, QC]

Madam Speaker, the short answer to the question is that I am very worried. And I am not the only one. Many of the provinces are worried because they feel that they will have to deal with the fallout from the Conservative government's smoke and mirrors.

It is very interesting and illuminating to hear the Minister of Justice's responses to the direct questions asked of him, such as how much this will cost. We are not asking about the cost to victims. We already know that. When it came to the victims I represented, I often said that no sentence would satisfy them and that no amount of money would be compensation enough for the damages caused or would represent the true value of what they had lost or suffered.

That is not what we are talking about, yet the minister is constantly shifting to that argument, making it sound as though those of us on this side of the House do not care. That is not true. However, the cost of all this will have a direct impact because the provinces do not have the money and will not be able to assume the costs. So what happens when a law like this comes into effect?

[Bernard Trottier, Conservative, Etobicoke—Lakeshore, ON]

Madam Speaker, I am very pleased to rise today to speak to Bill C-10, Safe Streets and Communities Act. This bill takes nine previously introduced pieces of legislation and combines them in one comprehensive crime bill.

The proposed changes in the safe streets and communities act are part of our government's ongoing action to make Canada a safer place for law-abiding Canadian families. I have listened, with a great deal of interest, to comments from several hon. members during the debate on the legislation. I certainly appreciate the opportunity to speak of the many benefits that the changes proposed by our government will bring.

It has been five years since our government first took office. In that time, we have worked to bring forward legislation that would hold criminals accountable, put the safety of Canadian families first and deliver the kind of justice that victims of crime expect. It has now been over five years and through many consultations and conversations with people across our country, including with constituents in my riding of Etobicoke—Lakeshore, it could not be clearer that Canadians are concerned about the safety of their communities. They have long been calling for our government to focus on ensuring that their communities, playgrounds, streets and homes remain safe.

They have asked us to provide our law enforcement agencies with the necessary tools and modern laws that they need to make our communities safe. We have delivered.

They have asked us to increase offender accountability and to hold offenders accountable by being made to serve sentences that reflect the seriousness of those crimes. We have delivered

Canadians have asked us to be proactive by taking preventive measures to reduce crime before it happens. Again, we have delivered.

I want to touch on just a few of the examples on which our government has delivered for Canadians in these areas.

As an example, we are proud to have increased our country's law-enforcement ability by providing $400 million toward a police officer recruitment fund. In just two years, this fund has enabled us to increase the number of police officers in Canada by more than 1,800. This goes a long way to helping us increase law-enforcement presence in communities both large and small.

We have also passed many pieces of legislation that address the concerns we have heard from victims and Canadians across the country.

For the past five years, we have been fully engaged in promoting healthy, safe communities for Canadians. We have introduced many measures to tackle crime, particularly violent crime and gun crimes. For example, our government took action to crack down on drive-by shootings as well as other shootings that demonstrate reckless disregard for the life or safety of others.

For example, our government has taken action to crack down on drive-by shootings and other intentional shootings that demonstrate a reckless disregard for the life or safety of others. We have taken action to eliminate the shameful practice of granting two-for-one credit, and sometimes three-for-one credit, for time served before sentencing. With this important change, we are now ensuring truth in sentencing.

We have also extended the time period that a person convicted of a serious personal injury offence, including manslaughter, must wait before applying for a pardon.

We have also passed legislation to strengthen the national sex offender registry and the national DNA data bank, marking another tremendous step forward for the protection of vulnerable people from sex offenders. Importantly, the legislation allows the police to use the national sex offender registry proactively to prevent crime.

We have also passed legislation to restore the faith of Canadians in the corrections and conditional release system by ensuring that offenders can no longer be released at one-sixth of their sentences. The Abolition of Early Parole Act abolished the practice of accelerated parole review, which allowed those convicted of first time non-violent white collar offences to obtain day parole after serving one-sixth of their sentences and full parole after serving only one-third.

In addition, the government has also taken action to prevent crimes before they happen. In the last year, our government funded some 160 community-based crime prevention programs through its national crime prevention strategy. These programs had an impact on the lives of nearly 10,000 at-risk youth. Crucially, we have also ensured that the youth gang prevention fund continues to help at-risk youth by including an investment of $7.5 million annually as part of the next phase of Canada's economic action plan.

These are only a few of the measures we have taken to help make our streets and communities safer for law-abiding Canadian families.

However, there is more to do. That is why I am proud to be here today to talk about the safe streets and communities act.

Last May we told Canadians that if re-elected we would move quickly to introduce the past law and order legislation that would crack down on crime, gangs and terrorism. We said that we would do this within 100 sitting days of the new session of Parliament. Our government has pledged to finish what we started and move forward with this legislation to better protect Canadian families. We believe the legislation is a fair and reasonable response to ensure the safety of our communities.

Three departments are responsible for the elements found in the legislation, legislation that impacts Canadians from coast to coast to coast.

Public Safety Canada is responsible for four provisions under the safe streets and communities act. The first measure amends the International Transfer of Offenders Act. We propose to include public safety as an express purpose of the act. We also propose updating the decision making criteria used by the Minister of Public Safety when making the decision to transfer Canadian offenders back to Canada to complete their sentences.

The second Public Safety Canada measure will move to enact the justice for victims of terrorism act and to amend the State Immunity Act to deter terrorism. What this means is that victims of terrorism will be able to launch a law suit in Canadian courts against the individual or organization that carried out the attack.

The third element falling within Public Safety Canada is a proposal to strengthen the legislation governing pardons. First, very important, the legislation would change the name from “pardon” to “record suspension”. We have heard from victims and victims rights groups that the word “pardon” indicates that somehow the government has forgiven the person for their crime. Forgiveness is not the government's to give. No one can forgive an offender for a crime except the victim, or the victim's family. This proposal will also change the legislation so that repeat serious offenders and those who commit sexual offences against children are no longer eligible to apply for a record suspension.

Finally, we propose to strengthen the management of offenders during their incarceration and conditional release and highlight the importance of correctional plans in the rehabilitation and reintegration of offenders.

There are several components within Bill C-10 that fall under the responsibility of the Department of Justice. It will increase the penalties imposed for sexual offences against minors.

As a father of young children, I welcome these changes to protect the youngest and most vulnerable members of our society. Bill C-10 would bring forward changes that create tougher sentences for individuals found guilty of the production and possession of illicit drugs for the purposes of trafficking. It would strengthen the laws that deal with young offenders, making sure they are held accountable for their actions and that their sentences fit the crimes that they have committed. It would also bring to an end the use of conditional sentences or house arrest for violent and property crimes.

In addition, there is legislation that falls under the responsibility of the Department of Citizenship and Immigration. Bill C-10 would amend the Immigration and Refugee Protection Act to protect foreign workers who could become victims of human trafficking or exploitation. This is a very real problem in my city of Toronto. Finally, we will be able to pass legislation to deal with it.

None of this legislation is a surprise. Just as Canadians have been clear in supporting our efforts to improve safety and security in our communities, so too have we been clear that this legislation would be a priority in the early days of this new Parliament.

For these reasons, I urge all hon. members of the House to work with the government to ensure the swift passage of Bill C-10.

[Françoise Boivin, NDP, Gatineau, QC]

Madam Speaker, I would like to ask my colleague if he agrees with what Senator Boisvenu said. He was with the minister when Bill C-10 was announced, and he stated that the underlying reason for omnibus Bill C-10 is the fact that, in general, sentences imposed by the Canadian judiciary are too lenient, and that is what the Conservative government wants to address.

Does the member agree with this statement, that this basically boils down to the fact that Canadian judges impose sentences that are too lenient?