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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 12, 2012 Passed That the 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, be now read a second time and concurred in.
March 12, 2012 Failed That the motion be amended by deleting all of the words after the word “That” and substituting the following: “a message be sent to the Senate to acquaint their Honours that the House disagrees with the 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, because relying on the government to list states which support or engage in terrorism risks unnecessarily politicizing the process of obtaining justice for victims of terrorism.”.
March 7, 2012 Passed That, in relation 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, not more than one further sitting day shall be allotted to the stage of consideration of Senate amendments to the Bill; and That, 15 minutes before the expiry of the time provided for Government Business on the day allotted to the consideration of the said stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Dec. 5, 2011 Passed That the Bill be now read a third time and do pass.
Nov. 30, 2011 Passed 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, as amended, be concurred in at report stage.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 183.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 136.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 108.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 54.
Nov. 30, 2011 Failed That Bill C-10, in Clause 42, be amended by replacing lines 3 to 8 on page 26 with the following: “( a) the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General's intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment; and ( b) there are no exceptional circumstances related to the offender or the offence in question that justify imposing a shorter term of imprisonment than the mandatory minimum established for that offence.”
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 39.
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting Clause 34.
Nov. 30, 2011 Failed That Bill C-10, in Clause 2, be amended by adding after line 6 on page 5 the following: “(6) In any action under subsection (1), the defendant’s conduct is deemed to have caused or contributed to the loss of or damage to the plaintiff if the court finds that ( a) a listed entity caused or contributed to the loss or damage by engaging in conduct that is contrary to any provision of Part II.1 of the Criminal Code, whether the conduct occurred in or outside Canada; and ( b) the defendant engaged in conduct that is contrary to any of sections 83.02 to 83.04, 83.08, 83.1, 83.11, or 83.18 to 83.231 of the Criminal Code for the benefit of or otherwise in relation to that listed entity.”
Nov. 30, 2011 Failed That Bill C-10, in Clause 2, be amended by adding after line 10 on page 3 the following: ““terrorism” includes torture. “torture” has the meaning given to that term in article 1, paragraph 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”
Nov. 30, 2011 Failed That Bill C-10 be amended by deleting clause 1.
Nov. 30, 2011 Passed That, in relation 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, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Sept. 28, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.
Sept. 28, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading 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, because its provisions ignore the best evidence with respect to public safety, crime prevention and rehabilitation of offenders; because its cost to the federal treasury and the cost to be downloaded onto the provinces for corrections have not been clearly articulated to this House; and because the bundling of these many pieces of legislation into a single bill will compromise Parliament’s ability to review and scrutinize its contents and implications on behalf of Canadians”.
Sept. 27, 2011 Passed That, in relation 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, not more than two further sitting days shall be allotted to the consideration of the second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 11:25 a.m.


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The Deputy Speaker Denise Savoie

The hon. member for Selkirk—Interlake is rising on a point of order.

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September 27th, 2011 / 11:25 a.m.


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NDP

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.

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September 27th, 2011 / 11:35 a.m.


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NDP

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.

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September 27th, 2011 / 11:35 a.m.


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NDP

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.

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September 27th, 2011 / 11:35 a.m.


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NDP

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.

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September 27th, 2011 / 11:40 a.m.


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NDP

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?

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September 27th, 2011 / 11:40 a.m.


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Conservative

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.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 11:50 a.m.


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NDP

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?

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September 27th, 2011 / 11:50 a.m.


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Conservative

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--

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September 27th, 2011 / 11:50 a.m.


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The Deputy Speaker Denise Savoie

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

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September 27th, 2011 / 11:50 a.m.


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Liberal

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?

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September 27th, 2011 / 11:50 a.m.


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Conservative

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.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 11:55 a.m.


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NDP

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.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 12:05 p.m.


See context

Liberal

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?