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

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

Madam Speaker, I appreciate the honourable member's question.

The legislation is responding to the needs of Canadians, especially victims. Victims groups and individual victims have been saying for a long time that their needs are not being reflected in the current laws and also the sentencing guidelines. That is why we introduced this legislation.

Police officers are very supportive of Bill C-10. Canadian Police Association President Tom Stamatakis said:

As a police officer, and as a parent myself, I can't possibly overemphasize the need for the longer sentences this bill provides, to keep these serious offenders off our streets, but perhaps just as important, the creation of the two new offences, particularly prohibition from using any means of telecommunications, including the Internet, to agree or make arrangements with another person for the purpose of committing a sexual offence against a child, is exactly the sort of modernization of the Criminal Code that our members need to deal with today's technologically savvy criminal.

There is a lack of modernization in our current legislation. We are trying to bring this up to 2011, into the 21st century. It is high time. We have been talking about this legislation for several years. These are not surprises and we urge the--

[The Deputy Speaker, Denise Savoie]

Questions and comments. The hon. member for Kingston and the Islands.

[Ted Hsu, Liberal, Kingston and the Islands, ON]

Madam Speaker, the honourable member told us that he is the father of young children. So am I.

We lived for a little while in Oakland, California and at nights we could hear gunshots in the distance. California is a jurisdiction that has tried with its “three strikes you're out” law to put more people in jail for longer time periods. It found it ended up spending more money on prisons than on education. This is a jurisdiction which was not made safer for little kids by putting more people in jail.

This is an example of a case where Conservatives putting more people in jail for longer time periods has not made the streets and communities safer, and has imposed a tax burden on future generations. What is the member's answer to that? Can he answer the question that my daughter would want to ask if she were here today?

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

Madam Speaker, I can respond to the question from the hon. member who is a father like I am, and I can say that his daughter would not be the victim of an offender who is locked up in prison. She would be protected from him.

Many times in the debate I hear members opposite draw false analogies with the situation in the United States and use the term “three strikes and you're out”. This is not “three strikes and you're out” for minor offences. The offences we are trying to deal with are major, violent, aggressive offences against the security and safety of Canadians. This is a completely different situation.

In terms of the question about the prison population, the federal prison population is about 14,000 and there are various models that have been put forward. It is impossible to determine exactly what the outcome will be, but we do not anticipate that this is going to be the bursting at the seams prison situation that the opposition describes. At any rate, it is far safer for Canadians to have those violent and aggressive offenders locked up than on the streets.

[Ryan Cleary, NDP, St. John's South—Mount Pearl, NL]

Madam Speaker, I stand today in opposition to Bill C-10, the omnibus crime bill. I do not stand in opposition to every part of the bill and indeed some parts of Bill C-10 worthwhile.

As a father myself, I have no objection to protecting children against pedophiles and sexual predators. I have no objection to protecting people against violent crimes, of course not, even though the Conservatives may have people believe otherwise. However, that is the rub with Bill C-10, which throws so many pieces of legislation, nine pieces of legislation, aboard the one bus, the one omnibus bill.

I may agree with coming down hard on pedophiles, but I do not agree with filling prisons with people who probably should not be there, like the people who get caught with some marijuana plants. What will throwing a student into jail do for him or her, or for society in general, besides costing us a fortune in new human cages? My answer is nothing. It will do absolutely nothing.

Bill C-10 is also known as the safe streets and communities act which, to quote The Telegram, the daily newspaper in my riding of St. John's South—Mount Pearl, sounds like a new and improved detergent, except Bill C-10 will not make our streets any cleaner. It will not wash away the crime. In fact, chances are, if we put a dirty sock through the omnibus cycle, the sock will come out just as dirty on the other end.

The Conservative detergent: so much of Bill C-10 is a waste of money. It will have no impact on the tougher elements of our society. If anything, Bill C-10 will soak up so much cash to keep what will eventually be our U.S.-style prisons going that there will not be any money left over for infrastructure, such as streets. Forget keeping our streets clean.

The Conservative government has yet to put a price tag on Bill C-10, but it is fair to say it will cost untold billions of dollars as our prisons bulge at the seams. According to a joint statement by the John Howard Society and the Canadian Association of Elizabeth Fry Societies, the increased costs associated with just one of the bills in Bill C-10 will be more than $5 billion. That is more than double current expenditures for the corrections systems alone.

Furthermore, the provinces and territories would have to contribute the largest portion of the increase. I am sure they will be delighted to step forward.

I do not know about other provinces, but Newfoundland and Labrador's prison system could not handle any more prisoners. Her Majesty's Penitentiary in St. John dates back to Victorian times. The original stone building first opened in 1859. The pen is an aging fortress that has been called an appalling throwback to 19th century justice, which sounds like Bill C-10.

How do people in my riding feel about Bill C-10? I had one particular gentleman write to say he is disgusted. Let me quote from that letter:

This is taking us in the wrong direction both socially and fiscally. I do not want to live in a country with a justice system based on a model developed in the dark ages. We do not need more prisons. We do not need to be taking discretion away from justices of the peace, and we do not need more blanket mandatory sentencing guidelines that will do more harm than good.

Most of all...I'm concerned about “The Penalties for Organized Drug Crime Act”. Yes, I'm concerned about the ongoing substance abuse problems we have in this province and my concerns about the pending legislation doesn't mean I support a legal free for all when it comes to drugs, but increased mandatory sentences for growing a half dozen plants is insane...Who is helped by having a student, a future doctor or engineer, thrown in jail for a year and a half because they decided to make some hash for their own personal use? In what universe does that make sense?...Stop wasting money on cages and start spending it on hospital beds and textbooks.

That is the line that sticks, “Stop wasting money on cages and start spending it on hospital beds and textbooks”. That is a great quote.

According to Statistics Canada, in 2008-09 the average annual cost of keeping an inmate incarcerated was $110,000. Where I come from, in Newfoundland and Labrador, that would pay for roughly two degrees, or eight years of university.

To quote the daily newspaper from my riding once again:

We may buck the American trend — where increasing the number of prisoners has not brought a reduction in crime rates — but the smart money says we’ll simply pay more to keep more people in prison and do little to change crime rates, which are among the lowest we’ve had in decades. You can argue that tougher sentences will make Canada a harder place to do shifty business, but the jury’s out on whether it will end up making this country a better place to live.

The jury is still out.

Bill C-10 will not make Canada a better place to live. It will change Canada. It will change how we see ourselves as Newfoundlanders and Labradorians, as Canadians, and how we are seen on the world stage. Lock them up and throw away the key has not worked well in other tough love jurisdictions, the United States, for example.

For every 100,000 people, the United States holds 724 people in prison. In comparison, for every 100,000 people, Canada has 117 people in prison. That is a big difference.

The question that must be asked until there is an answer is, if there are longer stipulated jail sentences for crimes such as growing a few pot plants, who pays for the dramatic increases in the cost of incarceration of both federal and provincial prisons? Is that the next Conservative action plan or job plan that we have been waiting so long to hear about? Is it to build new cages across the country?

As for other sections of the omnibus crime bill, legislation that allows for victims of terrorism to sue perpetrators, including foreign countries, would do absolutely nothing to deter or prevent terrorism acts. To cut to the chase, suing a terrorist organization in a Canadian court would get us absolutely nowhere. No, that is not quite correct, it would get us in debt.

Returning to the section of Bill C-10 that would impose mandatory minimum sentences for the production, possession and trafficking in certain drugs like marijuana, experts have consistently said that mandatory minimum sentences do not work for reducing drug use, tackling organized crime, or for making our communities safer.

How about taking the money from building more cages and putting it into rehabilitation and retraining programs? That is a novel idea. That makes more sense. That is the Canadian way. Bill C-10 is not the Canadian way.

Nothing in the Conservative crime bill deals with prevention, but 80% of people in federal prison deal with at least one addiction. Dr. Julio Montaner, immediate past president of the International AIDS Society, said that the Conservative government's crime agenda would jeopardize the health of some marginalized people. He said:

[the bill] would make it more difficult for physicians to deliver public health services to people who are poor, First Nations, mentally ill, at risk of HIV, or drug-addicted.

He also said:

This law is all about incarcerating the people that this government views as the “other Canadians” for which they have no time for or no interest.

Speaking for myself, my party believes in leaving nobody behind, leaving no Canadian behind, marginalizing nobody.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Mr. Speaker, I want to thank my colleague from the NDP for eloquently stating his party's position.

There are aspects in Bill C-10 that are very tempting, especially for people who grow pot. I have to say that in my area I have had my share of grow-house operations.

However, in looking at the cost, the Parliamentary Budget Officers says that we would spend about $13 billion to go this way. I wonder if my colleague from the NDP would like to share some of his concerns.

I would personally like to see a little of that money, if that would actually be the figure, $13 billion, to be spent on putting people in the right direction. Maybe we could spend more money on immigrants and give immigrant communities money that the Conservative government took away from in Toronto.

Does my hon. colleague feel that this spending of money is wise or are we going down a false path?

[Ryan Cleary, NDP, St. John's South—Mount Pearl, NL]

Mr. Speaker, the hon. member talks about the figure of $13 billion. The point that we have been trying to get to is that there is no cost on this omnibus crime bill. We do not know the cost. From what I hear, and I have been listening, I do not think the Conservatives have put a figure on this yet. I do not think they have a true cost. That is one of the worries.

The other worry is with all these new prisoners going into the penal system across the country. I have read some estimates of between 3,000 and 5,000 more people will be entering our prison system. In my province of Newfoundland and Labrador, we have, what I mentioned in my speech, Her Majesty's Penitentiary. It is a medium-sized prison. It takes in federal prisoners but it is bulging at the seams. We cannot take in any more.

There is no money for rehabilitation and no money for programs. That is the bigger concern.

[Kerry-Lynne Findlay, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I would remind the member opposite that simple possession is not targeted in this legislation, although the reference continues to be to someone growing a few plants.

In the member's hypothetical student example, if that hypothetical student were proven to be trafficking illicit drugs to elementary school children or proven to be handing over his revenue from the sale of hard drugs, such as methamphetamine, to members of organized crime, would the member not agree that the person needs to be dealt with as a serious offender?

[Ryan Cleary, NDP, St. John's South—Mount Pearl, NL]

Mr. Speaker, that is the problem we have with this omnibus crime bill and how the Conservatives are trying to sell it. The Conservatives are trying to sell it as being fair.

Would I have a problem with someone growing marijuana and selling it to school children or selling crystal to school children being dealt with as a serious offender? Of course not. I have no problem with that whatsoever. They should be in jail. That is just wrong. That is something that the New Democrats and Canadians in general are absolutely against.

The problem that we see here is the fact that someone who has grown some plants, who has made a mistake and done something against the law, could be put in jail with the key thrown away. Some people, who jail would do nothing for and who should not be in jail,would be put in jail. Our jails would be bulging at the seams. That is what we are against.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, the problem is that the Conservatives are trying to leave an impression that somehow there is no enforcement or no legislation.

The debate here is about mandatory minimums and whether they work. Is the member aware that in the United States, where we have seen the history of mandatory minimums, many of those laws are now being repealed because they have been such a massive failure?

[Ryan Cleary, NDP, St. John's South—Mount Pearl, NL]

Mr. Speaker, I am aware. What the Conservatives are trying to do here with this omnibus crime bill has been tried in other jurisdictions, as the hon. member just pointed out, like in the United States, and it does not work. Therefore, why we are trying to do it here is beyond me. I do not have an answer.

[Parm Gill, Conservative, Brampton—Springdale, ON]

Mr. Speaker, I am pleased to speak in favour of Bill C-10, the safe streets and communities bill.

Canadians gave our Conservative government a strong mandate to keep our streets and communities safe. Part of that important mandate is protecting Canadians both at home and abroad from threats of terrorism, while giving those who do fall victim to a terrorist act the tools they need to have their voices heard.

Since coming to office in 2006, we have been clear: a Conservative government is a government that will put the protection of law-abiding Canadians first. We have taken strong action to fulfill our commitment to protect Canadians by taking a tough on crime approach and giving our law enforcement agencies the resources and tools they need to do their jobs. We have also moved forward in many areas to crack down on crime and to ensure that our streets and communities are safe and secure.

When talking to my constituents, I hear a common theme. They tell me that they want a justice system that actually delivers justice and a corrections system that actually corrects. I believe the legislation in front of us today is an important step forward in that regard.

We will continue to reverse the shameful trend which began under the Trudeau regime where former solicitor general, Jean-Pierre Goyer, stated that the protection of society was a secondary objective to protecting the rights of criminals. Our Conservative government completely rejects that premise and will continue to work to return common sense to the correctional system.

Recently, all of us have witnessed the terrible consequences that terrorism can have for individuals and communities across the globe. In our time, terrorism has left casualties from New York to New Delhi. We know that Canada is not immune to the threat of radical-led terrorism. We need to recall the hundreds of Canadians who died in the atrocity of the Air India attack and all those who lost their lives on 9/11.

We should not forget that Canada has been named as a target by organizations such as Al-Qaeda. We have also seen the successful prosecution of homegrown terrorists who were arrested before they had a chance to carry out their sadistic plot.

It is starkly clear that Canada has a large role to play in the global fight against terrorism, a role that we have played and will continue to play in the battle against those who use senseless violence against civilians.

That is why I will focus my remarks on Bill C-10 today on justice for the victims of terrorism.

These amendments would strengthen Canada's ability to expose and cut off the material support for terrorism. They would ensure that those who do fall victim to terrorism are able to seek justice and that those who commit or support terrorist acts are held accountable for their actions.

Terrorist groups rarely act alone. The scale and sophistication of terrorist operations demand a vast amount of financial and organizational support. That support often comes from within states led by radical anti-western governments. Many observers have often described the relationship between terrorist groups and certain governments as one of a state operating within a state. Shockingly, on occasion, private individuals living right here in Canada can be sources of support for those who wish to attack our country.

The fact is that money is the lifeblood of terrorism. One of the most effective ways to stop terrorists is to strike at their largest vulnerability, which is their wallets. Bill C-10 aims to do that by holding terrorists and those who support them fully financially accountable.

Bill C-10 would create a cause of action to allow victims of terrorism to sue terrorists and supporters of terrorism for any loss or damages that occurred as a result of terrorist acts committed anywhere in the world on or after January 1, 1985. The target of these suits will include individuals, organizations and certain states that the government has listed for their support to terrorism.

In the case of states, Bill C-10 proposes the creation of a government list of states that there are reasonable grounds to believe support terror. Those states would no longer be immune from civil action. This would allow Canadian courts to hold these supporters of terrorism accountable for their conduct.

On the recommendation of the Minister of Foreign Affairs, in consultation with the Minister of Public Safety, a state would be added to a list of designated states if there are reasonable grounds to believe that the state supports or has supported a terrorist entity listed under the Criminal Code.

The Criminal Code currently lists 44 entities as terrorist organizations. These organizations are subject to rigorous and regular review. States that financially support these organizations cannot be considered a friend of Canada.

We will take all the appropriate precautions to minimize any potential negative impact on Canadian trade or foreign relations or threats to Canadian personnel, interests and citizens abroad when listing and delisting states.

Bill C-10 would also establish a review mechanism to ensure the timely removal of states from a list if they clean up their act and no longer support terrorism. The Minister of Foreign Affairs, in consultation with the Minister of Public Safety, would review the list every two years to determine whether listed states should remain on the list. Ministers would also review information on non-listed states every two years to determine whether any other state should be added to that list.

Additionally, a listed state could apply to be removed from the list by submitting a written application. Once this application is received, the Minister of Foreign Affairs would, after consulting with the Minister of Public Safety, decide whether there were reasonable grounds to recommend to the Governor in Council that the state no longer be listed.

As important as the ability to sue states that support terror is that individuals and corporations that support these actions would also be held liable. Financiers of terror would be held accountable.

Bill C-10 would do more than just create a cause of action for victims of terrorism. It would also allow victims who have successfully sued a terrorist entity or supporter to request assistance from the Minister of Foreign Affairs and the Minister of Finance in identifying and locating in Canada the property of that entity.

Several years ago, the world witnessed the effectiveness of those measures when the families of the Lockerbie bombing victims were given the right to sue the Gadhafi Libya regime for the role it played in supporting this horrific act of terrorism. The former government of Libya subsequently admitted its part in the attack, provided compensation to the families and renounced the use of terrorism.

Creating this cause of action would hold terrorism and its supporters to account through the courts, giving victims the opportunity to seek justice. This is something victims have sought for some time and our Conservative government is proud to deliver.

I urge all members to give speedy passage to Bill C-10. I especially urge my colleagues in the NDP to support the bill and put the rights of victims and law-abiding Canadians ahead of the rights of terrorists and their supporters. We must stand united in sending a message to those who commit terrorist acts and to those whose support them that they will be held accountable for their actions.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Mr. Speaker, I thank my colleague for mentioning a couple of words. He kept talking about terrorism and about protecting Canadians abroad. He also said something about a shameful trend. I will tell him about a shameful trend.

A Canadian by the name of Colin Rutherford has been held by the Taliban for several months now. It will be a year in November. I have asked the government time and time again for information. This individual is being held by terrorists and his family is suffering

I want the hon. gentleman to tell me if that is not a shameful trend when the government is shutting up and is saying absolutely nothing to the family that wants to get news and wants to know what it is doing. Not only that, the government is even refusing to give me information.

[Parm Gill, Conservative, Brampton—Springdale, ON]

Mr. Speaker, the mandate our government received in the last election is to protect the rights of Canadians, be it here in Canada or abroad. That is exactly what we are doing.

All of the measures that are in Bill C-10 have been before Parliament. They have been debated for the most part and now Canadians expect us to implement the measures and put them to work. That is exactly what the government will be doing.

[Chris Alexander, Conservative, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I want to compliment my colleague on his speech. I thought it was incredibly relevant to the threats and risks that countries like Canada and many of our allies and partners around the world are facing today. He laid out in very concrete terms why this legislation is important, with specific reference to countering terrorism.

Could he tell the House what the consequences might be of not enacting measures of this kind, and what danger of further impunity for terrorist groups to operate in Canada or elsewhere that might represent for the people of Canada?