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

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, I appreciate this opportunity to speak in support of Bill C-10, legislation that would further strengthens our government's already impressive track record of keeping our streets and communities safe.

The people of Mississauga South tell me every day, in letters, phone calls, as well as visits to my office, that they want this government to crack down on crime.

I am pleased to speak today in support of Bill C-10, the Safe Streets and Communities Act.

The legislation before us today builds on this work which Canadians have given us a strong mandate to continue, the work of that impressive track record.

One very important component of our government's efforts to build safer streets and communities involves ongoing reforms to help ensure the system of corrections in this country actually works to correct offenders. I would therefore like to focus my remarks on this very important area.

I will begin with the victims of crime because, when it comes to our corrections system, they deserve to have their interests and concerns heard and know that their government is listening.

The current act clearly recognizes that victims of crime have an interest in the correctional process and yet victims and their advocates have expressed dissatisfaction with the current law. They have consistently called for improvements that would ensure a stronger voice in the process. This government has heard their concerns. We have listened and now we are acting on those concerns.

As it stands now, victims sometimes travel long distances to attend parole hearings, but if offenders withdraw their participation, the hearing could be cancelled at the last minute. This creates both a financial and emotional burden for victims.

The bill would remove the ability of offenders to cancel their parole hearings less than two weeks in advance, and victims would have the right to ask why the offender has waived that parole hearing. These measures would go a long way to preserving peace of mind for victims.

Bill C-10 would also enshrine in law a victim's right to attend and make statements at parole hearings. In addition, it would enable victims to request relevant information about an offender's time in custody, including reasons for transfer between institutions, or why they have been granted temporary absence and participation in their correctional plan.

Additionally, the Corrections and Conditional Release Act would be amended to expand the information that may be disclosed to victims by CSC and the Parole Board of Canada. This includes providing information on the reason or reasons for offender transfers with, whenever possible, advance notice of transfers to minimum security institutions; disclosing information on offender program participation and any convictions for serious disciplinary offences; and providing guardians and caregivers of dependants of victims who are deceased, ill or otherwise incapacitated with the same information that victims themselves can receive. Such changes would help to ensure that the interests of victims are front and centre.

The second major area of reform relates to the responsibility and accountability of offenders. Additionally, the Corrections and Conditional Release Act would be amended to allow for the establishment of incentive measures designed to promote offender participation in their correctional plan.

A successful transition to the community does not happen by accident or through wishful thinking. It demands that offenders play an active role in their rehabilitation. That is why the bill before the House stresses that rehabilitation is a shared responsibility between offenders and Correctional Service Canada.

Offenders would be expected to respect others, obey the rules and actively participate in fulfilling the goals of their correctional plans. To that end, each correctional plan would set out expectations for behaviour, participation in any programs and fulfilment of any court ordered financial obligations.

The third area of reform relates to the management of offenders and their re-integration into the community. In short, we need to do better so that we better protect law-abiding Canadians in all conditional release decisions. To that end, this legislation proposes to give police the power to arrest without warrant any offender who appears to be in breach of his or her release conditions.

Finally, the bill would automatically suspend the parole or statutory release of offenders who receive a new custodial sentence.

In the final area of reform, Bill C-10 would modernize the system of discipline in federal penitentiaries. Specifically, it would create in law new penalties for breaking rules, such as disrespectful, intimidating or assaultive behaviour, including throwing bodily substances. It would also restrict visits for inmates who have been segregated for serious disciplinary offences.

As we have heard, Bill C-10 proposes several fundamental reforms to the corrections and conditional release system to help ensure that our correctional system is actually correcting offenders.

The amendments that our Conservative government is proposing would enhance offender responsibility and accountability and strengthen the management of offenders during their incarceration and conditional release. These amendments would also modernize the system of disciplinary sanctions in federal correctional facilities and give victims the opportunity to request more information about the offender who has harmed them. All in all, the amendments would reinforce and build on the work already under way to strengthen the corrections and conditional release system.

Today we know that many of the offenders arriving in Canada's correctional system also arrive with histories of violent offences. More offenders than ever have gang or organized crime affiliations, and nearly four out of five now arrive at a federal institution with a serious abuse problem. In addition, an increasing number of offenders have serious mental health issues. Such changes in the offender population require a new approach to corrections and conditional release. That is why the government is moving forward with the proposals in Bill C-10.

The reforms being proposed would better serve victims by increasing the information that may be shared with them and guaranteeing their right to be heard at parole hearings. The proposed reforms would also help ensure that offenders are more accountable for their actions and so that their rehabilitation will be more effective.

These measures would also modernize the disciplinary system for inmates.

Further controls for offenders under community supervision are also being introduced.

I urge all members of the House to give their unconditional support for the bill for the sake of offenders who must take more responsibility for a successful transition into the community. I urge all hon. members to support Bill C-10 for the sake of crime victims who deserve a greater voice in the correctional system. I urge them to support the legislation before us today for the sake of corrections officers who have a right to a safe work environment.

I urge all hon. members to support this legislation for the sake of all Canadians. The protection of society is our top priority. Canadians deserve to feel safe in their homes and in their communities. Victims deserve to be treated with respect, as do the guards in our institutions. Offenders must be prepared to take more responsibility for their conduct and pay the price if they break the rules.

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.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, I wonder if the hon. member would like to respond to a quote from the Canadian Bar Association with respect to the legislation:

The Bill’s approach is contrary to what is known to lead to a safer society.

The CBA believes that the Bill will make already serious criminal justice system problems much worse, with huge resource implications.

Perhaps the hon. member could comment on why that is so wrong.

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, the government fundamentally disagrees that being tough on crime will not work to deter criminals. This is a very basic step in the process. I wonder whether the member opposite truly believes that allowing offenders to take more responsibility for their incarceration and for their conditional release is a good idea.

These laws are meant to improve on what currently exists, but more importantly, we are talking about protecting victims of crime. That is what Bill C-10 really wants to do. We are protecting victims of crime by putting in place tougher sentences.

I am wondering which part of this he does not agree with. Does he not want to protect the guards in the prisons? Does he not want to make their working conditions safer? These are the kinds of things that amending the Corrections and Conditional Release Act will do. I urge him to support these changes.

[Pat Martin, NDP, Winnipeg Centre, MB]

Mr. Speaker, perhaps my colleague from Mississauga South would agree that if longer prison sentences in and of themselves meant safer streets, the United States would have the safest streets in the world. The Americans lock up people at a higher rate than any other country. Even they have seen the folly in their ways. Would she not concede that the United States has now confessed that it was wrong and changed its practices and is dedicating more of the money it is saving by not building more prisons to prevention and substance abuse programs and treatment and rehabilitation? The U.S. is now enjoying a reduction.

Why are we borrowing billions and billions of dollars to build more prisons when we know full well it will not make our streets any safer? Is this not just a cheap pandering to the Conservatives' voting base?

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, in fact, these measures address specific deterrents. When a criminal is in jail, the victim can no longer be victimized. That is whom we care about. We care about the victims. That is whom Canadians care about. That is why we are preventing sexual exploitation of foreign nationals. That is why we are eliminating pardons for serious criminal acts. That is why we are ensuring that young offenders are given the opportunity to properly be rehabilitated. If they have done the crime they should also serve the time as adults if necessary. We are giving the courts the options to deal with the crime without having to worry about how many spots there are in jail.

We are doing the right thing because--

[The Acting Speaker, Conservative, Bruce Stanton]

Order, please. Questions and comments. We have time for one quick question and a brief response. The hon. member for Winnipeg South.

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, I have run in various elections going back to 2004. When I was on the campaign trail, with all the parties that are represented here in the House, I remember their referring to our crime measures in general as being needed. Whenever I was at a debate with candidates, they would talk about how we needed to get tough on criminals. Yet when they return to this place they revert to their leftist philosophy on crime, which unfortunately does not work. Canadians have spoken on it, and I am sure the member heard the same thing on the campaign trail.

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, I do hear the same thing from my constituents in Mississauga South. They are concerned about crime. They are concerned about their children. They want safe streets and safe communities. That is what we are doing here. We are making sure that offenders serve the time and that when they are released, they are given the proper opportunities for rehabilitation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I will be happy to—

[The Acting Speaker, Conservative, Bruce Stanton]

Order. The member will have six minutes remaining for his speech when the House next considers this bill.

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.

[The Speaker, Conservative, Andrew Scheer]

I will go back to the hon. member for Edmonton—St. Albert, who has six minutes left to conclude his remarks.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, one of the fundamental elements of this omnibus bill obviously deals with the issue of mandatory minimums as a deterrent. Would my hon. colleague justify how this is to be a deterrent when it comes to mandatory minimums?

We have examples where in certain jurisdictions around North America the death penalty exists, yet their capital offence rates are much higher than jurisdictions that do not have the death penalty in place. When we see situations like that, we have to wonder whether mandatory minimums do serve as that deterrent? Perhaps my colleague can convince me that this is the case.