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 is from 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. The Library of Parliament has also written a full legislative summary of the 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.

Similar bills

C-56 (40th Parliament, 3rd session) Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act
C-54 (40th Parliament, 3rd session) Protecting Children from Sexual Predators Act
C-23B (40th Parliament, 3rd session) Eliminating Pardons for Serious Crimes Act
C-39 (40th Parliament, 3rd session) Ending Early Release for Criminals and Increasing Offender Accountability Act
S-10 (40th Parliament, 3rd session) Penalties for Organized Drug Crime Act
C-16 (40th Parliament, 3rd session) Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act
S-7 (40th Parliament, 3rd session) Justice for Victims of Terrorism Act
C-5 (40th Parliament, 3rd session) Keeping Canadians Safe (International Transfer of Offenders) Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-10s:

C-10 (2025) Commissioner for Modern Treaty Implementation Act
C-10 (2022) Law An Act respecting certain measures related to COVID-19
C-10 (2020) An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
C-10 (2020) Law Appropriation Act No. 4, 2019-20

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.

JusticeOral Questions

November 22nd, 2011 / 2:35 p.m.


See context

Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, I am always glad to welcome my colleagues from across the country. When the minister of justice from Quebec asked for a meeting on Monday or Tuesday, I was pleased to accommodate him.

I pointed out to the minister, as I have pointed out to the House on a number of occasions, that there is absolutely nothing in Bill C-10 that would in any way compromise or prohibit the province from reaching out and helping to rehabilitate young people. The bill concentrates on a small group of out of control young people who are a danger to themselves and to the public, and this is why it should have the support of all members of Parliament.

JusticeOral Questions

November 22nd, 2011 / 2:35 p.m.


See context

Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Mr. Speaker, Quebec's minister of justice came to Ottawa today, sincerely hoping that the federal Minister of Justice would be willing to listen to what he had to say about Bill C-10, dealing with criminal justice. Instead, he got a slap in the face.

Is the government listening? Does it realize that it is jeopardizing Quebec's approach to rehabilitation for young offenders? This government is disrespectful. Is it prepared to be reasonable?

Jack Harris NDP St. John's East, NL

Mr. Speaker, the Prime Minister continues to thumb his nose at the provinces with his sledgehammer approach to justice. Quebec has had to plead with the justice minister just to get a meeting before the government forces its prisons agenda through committee this week.

Paying lip service is not enough. Will the government actually listen to the provinces that want to bring changes about in Bill C-10? Will it be a partner with the provinces or will it continue to turn its back on them?

JusticeStatements By Members

November 21st, 2011 / 2:15 p.m.


See context

Conservative

Jacques Gourde Conservative Lotbinière—Chutes-de-la-Chaudière, QC

Mr. Speaker, every man, woman and child has the right to respect, dignity and pride. Every year, innocent people are the victims of heinous crimes. These crimes have a serious impact on their lives, their loved ones and our entire society.

I would like to commend Senator Boisvenu for all the hard work he has done to inform Canadians about the real purpose and scope of Bill C-10. Like dozens of organizations, Senator Boisvenu truly cares about the safety of our young people and vulnerable populations. He wants to protect them from drug problems and prevent repeat sexual offences at all costs. We have the power and the duty to act, and we encourage all organizations to join our fight to prevent what cannot be undone.

JusticeOral Questions

November 18th, 2011 / 12:05 p.m.


See context

Delta—Richmond East B.C.

Conservative

Kerry-Lynne Findlay ConservativeParliamentary Secretary to the Minister of Justice

Madam Speaker, we are always happy to work with our provincial counterparts. The principles of rehabilitation and reintegration, which have been so successful in Quebec, will continue to serve as the basis for Canada's youth justice system.

We have responded to Quebec's concerns with a series of past amendments, as well as a new amendment that is tabled at the justice committee now.

We are taking a balanced approach. We are listening. It is time for the opposition to end its grandstanding, support victims and support our measures on Bill C-10.

André Bellavance Bloc Richmond—Arthabaska, QC

Madam Speaker, in his response to the Quebec justice minister on Bill C-10, the Minister of Justice expressed all his contempt for Quebec's 40 years of rehabilitation expertise, particularly its expertise in the rehabilitation of young offenders. The minister wrote that it is important to work with its provincial partners but this appears to be a one-way partnership—my way or no way.

Will the Minister of Justice put aside his ideological obsession and respect the will of Quebec by incorporating Quebec's required amendments into the bill, namely those pertaining to the long-term protection of the public and the rehabilitation and social reintegration of young offenders?

DemocracyOral Questions

November 18th, 2011 / 11:25 a.m.


See context

Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Madam Speaker, being in power also means working with the provinces. Over the past week we have seen this government's attitude toward Quebec. We have seen how the Conservatives are dealing with Bill C-10 and jeopardizing Quebec's approach to rehabilitation. We saw how this government dealt with Minister Dutil, who was told that the firearms registry database will not be available.

Working in our country, within this confederation, also requires working with the provinces. When are they going to do that?

JusticeOral Questions

November 18th, 2011 / 11:20 a.m.


See context

Delta—Richmond East B.C.

Conservative

Kerry-Lynne Findlay ConservativeParliamentary Secretary to the Minister of Justice

Madam Speaker, Canadians are concerned about crime, which is why they gave our government a strong mandate to keep our streets and communities safe. We need to keep that focus.

The opposition wants to punish law-abiding duck hunters and farmers but oppose tougher sentences for pedophiles and drug dealers.

The fact is that Parliament has already seen and debated the measures contained in Bill C-10. Over the course of the past four years, the justice committee has had 67 days, which was 139 hours of discussions, 95 hours of debate, 261 speeches and 363 witness appearances.

Jack Harris NDP St. John's East, NL

Madam Speaker, yesterday, the government finally agreed to delay ramming Bill C-10 through committee to allow at least some debate, which is a good sign, but now the government must take the next step.

Will the government agree not only to stop ramming this behemoth of a crime bill through, but to allow a meaningful debate and agree to reasonable amendments, like the ones suggested by groups such as the Canadian Bar Association, legal experts and the provinces?

JusticeOral Questions

November 18th, 2011 / 11:15 a.m.


See context

Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Madam Speaker, Canadians, including Quebeckers, want this government to take action to protect the people of Canada from criminals. That is why we introduced Bill C-10.

If the opposition parties have amendments to propose that will provide Canadians with stronger protection against criminals, the government will consider them. However, we are asking the NDP why it has voted against every bill designed to protect Canadians from criminals.

Hélène Laverdière NDP Laurier—Sainte-Marie, QC

Madam Speaker, yesterday, the Conservatives finally decided to compromise a little and allow members of Parliament to do their work and examine the provisions of Bill C-10. The Minister of Justice even demonstrated flexibility by indicating to the Government of Quebec that it might be possible to reintroduce the amendments proposed by his Quebec counterpart.

Can the government confirm that it is prepared to amend its bill in order to focus on rehabilitation and social reintegration?

Preventing Persons from Concealing Their Identity during Riots and Unlawful Assemblies ActPrivate Members' Business

November 17th, 2011 / 5:45 p.m.


See context

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I welcome the opportunity to speak to Bill C-309, but I want to begin by confronting the Conservatives on their obsession with crime. We have before us a bill ostensibly produced by the folks in the Prime Minister's Office or the Conservative House leader's office. I think we need to be clear about this. Their so-called crime agenda is in full swing, predicated on ideology and not evidence. They do not believe in evidence or facts.

The Conservatives want to continue creating fear among Canadians and to perpetuate the idea that there is rampant crime on the streets, that there are riots everywhere, that the government, in response, must be brave and take decisive action to breathe life into that particular bogeyman. On the rare occasion that Conservatives might actually propose something that appears worthy of some consideration, they wonder why Canadians are suspicious.

The Conservatives' record of ignoring evidence and perpetuating fear is well-known. The fear agenda gives me rise to questions about their sincerity. One only has to look at Bill C-10, safe streets and communities act. As far as I am concerned, it should be called “keeping the myth of out of control crime alive so we can fundraise to our right-wing base act”.

For the Conservatives, repeating a myth often enough convinces them that it must be true. It is a classic right-wing Republican tactic; that is to say, the Conservatives operate not unlike a pack of hyenas. They see an opportunity to feast on the fears of Canadians, fears which are often of their own creation, and then they pounce. As part of the bullying tactics, they are always ready to attack anyone who disagrees with them, then issue a fundraising letter containing more myths. This behaviour, now firmly rooted in their political DNA, is a again not unlike the hyena, opportunistic and completely natural. Then they call it tough on crime. I call it tough on facts and evidence.

When I meet people around the country and in my riding, they are not running up to me and talking about crime or crime rates. They are more concerned about jobs and the economy. They are concerned that my riding of Charlottetown is losing 500 jobs as a result of cuts to Veterans Affairs. They are worried about the cuts to Service Canada and the closure of EI processing centres.

They do not understand why the federal government is the only level of government that will not participate in the funding to clean up a sewage problem in the Charlottetown harbour. They do not understand why the Conservatives have cancelled a cable that would ensure energy security to Prince Edward Island.

Here we are with another crime bill. Why did the member not introduce a bill to reduce poverty in Canada, a bill to help the poor, and to bring them in from the margins of poverty? Why did he not do that?

It is as if the Conservatives lie awake at night dreaming about ways to put more and more people in prison. It is an obsession rooted not in science or evidence, or even reason. It is irrational.

I want to assure the member that none of us on this side will stand by while Conservatives proffer myths or slogans. None of us on this side will tolerate the idea that because we disagree with the Conservatives on matters related to crime, that somehow we do not care or we are soft on crime. It is a falsehood and the members opposite know it. To disagree with the government is not a crime, at least not yet, but who knows?

With respect to the bill, we all witnessed what happened in Vancouver last year during the Stanley Cup. We know that the behaviour of far too many people was deplorable and criminal. None of us who sat around watching the hockey game that night and the news stories thereafter were thinking, gee, we wish there were more destruction and violence. None of us said, “Gee, I hope that guy who just set fire to the car gets away with it”. Listening to the Conservatives though, one would think that members from this side were there and involved.

I wonder what the member thinks about his own government's behaviour with respect to the G20 in Toronto. What does he think about what occurred, when at the G20 peaceful protesters, yes, peaceful protesters, were summarily denied their constitutional and charter rights to freely assemble?

What does he think, when protesters, acting peacefully, not violently, were kettled, rounded up and detained in violation of their charter rights? Why is the member not proposing a bill about protecting the rights of legitimate protesters?

What is his position on those well-documented violations of constitutional rights? Does he believe that citizens have a right to peaceful protest? Why is it that he and his government have refused thus far a public inquiry into the behaviour of the police and his own government with respect to the serious and rampant violation of constitutional rights at the G20?

The right of Canadians to assemble, and to do so peacefully, is a right protected by the charter, a document that many on the other side deep down really do detest. Rioting is already a crime, as the member knows.

The bill before us is deliberately framed in a way that if anyone were to disagree or to suggest amendments, he or she would automatically be designated as a traitor to a Conservative crime cause. Conservatives call that debate?

No one wants to support any Canadian engaging in activity that destroys property, encourages violence and rioting. None of us wish to support the deliberate concealment of someone while engaging in a riot. However, if this government were truly serious about this issue, this proposal would be on the government agenda. If it were brought in by government, it would have been open to have been tested, as required by statute by the Department of Justice, to ensure that it was constitutional.

This is a government bill in disguise. The suggestion that a backbench MP, in this environment, in the controlled and contrived Conservative government, such as the one we have now, would produce a bill without the consent of the PMO and its House leader's office is quite frankly a stretch.

If the government were serious about amending the Criminal Code to deal with aggravating circumstances, such as those contemplated in this private member's bill, it should have introduced a government bill. At least that would have allowed for greater and wider debate. The Conservatives are not interested in debate, nor facts, nor evidence. We see a sad example happening right now in the justice committee.

We will review Bill C-309, insist that it receive a thorough analysis, and if necessary, propose amendments. Until we are convinced that the bill meets the test of the charter, we will not and cannot support it.

Members should listen to this because what I am about to say will probably send shivers up the spines of the Conservatives. If we can be convinced by evidence and facts, and the testimony of experts that this bill is constitutional, then let the debate begin.

Business of the HouseOral Questions

November 17th, 2011 / 3:10 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, as we have said before, our government's top priority is the economy. Despite global economic challenges, nearly 600,000 new jobs have been created in Canada, 90% of them full-time. Through Canada's economic action plan our government has put forward focused and effective policies that have promoted job creation and economic growth in all sectors of the economy. That has been reflected in this week's successful jobs and economic growth week.

Our government will continue to focus on delivering important measures for Canada's economy. Thus, next week we will be delivering results on jobs week, and anticipate passing the next phase of our low tax plan for jobs and growth next week.

Beginning tomorrow, we will move forward on report stage for Bill C-18, Marketing Freedom for Grain Farmers Act. This important bill provides economic choice to western Canadian farmers. I understand that the hon. member for Winnipeg Centre has a number of amendments on the notice paper, but keep in mind that getting this bill passed would give farmers predictability for next year's growing season, which is an objective. I am looking forward to a productive, efficient and civil debate on the legislation, which will finally deliver freedom to western Canadian grain farmers after seven decades.

We will continue debate on Bill C-18 next Wednesday. I am hoping that we will be debating the bill's third reading on Wednesday, if the debate tomorrow turns out to be productive and efficient. In the last election, we committed to moving forward with Canada's economic action plan, a low tax plan for jobs and growth. Canadians gave our Conservative government a majority mandate to implement our plan.

On Monday, we will have the final day of debate on Bill C-13, the Keeping Canada's Economy and Jobs Growing Act, our primary bill in job creation and economic prosperity week. Bill C-13 implements important measures from our budget such as the small business tax credit and the extension of the accelerated capital cost allowance to make our manufacturers more competitive.

On Tuesday morning, we will continue debate on Bill C-7, the Senate Reform Act. The bill has already been debated on three days, so I hope that following Tuesday's debate the opposition will allow members to vote on this bill that will allow the Senate to reach its full potential as an accountable and democratic institution.

On Tuesday afternoon, we will continue debate on the opposition's motion to block Bill C-11, the copyright modernization act. The bill is another of our priority economic bills that the opposition is trying to prevent coming to a vote through what it calls a reasoned amendment.

Bill C-11 would create modern copyright laws to protect and create jobs, promote innovation, and attract new investment to Canada. This will be the fourth day that the bill has been debated. The time has come for members to have the chance to vote on this important economic bill. However, if the opposition continues in its efforts to delay and block the bill, we will again debate it on Thursday.

As is always the case, we will give priority to other important bills that may be reported back by committees. I refer especially to Bill C-10, as I understand that the justice and human rights committee is working hard, even as we speak, to complete its clause-by-clause consideration of the bill later today, I hope.

Finally, the next allotted day will be on Friday, November 25.

Opposition Motion—Aboriginal AffairsBusiness of SupplyGovernment Orders

November 17th, 2011 / 11:35 a.m.


See context

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Madam Speaker, I am very pleased to enter the debate on the opposition day motion on water in first nations communities.

We have identified this as an issue whose time has come to be solved. This morning the leader of the Liberal Party of Canada spoke very clearly about the fact that there has been inadequate attention paid to this issue by all parties over the years. We can argue who has done good things and who has not done good things. His plea was that we put partisanship aside and we recognize together that there is no reason for not solving the problem. The problem is the inequity in terms of access to safe, clean drinking water and waste water treatment in first nations communities compared with non-aboriginal communities. I could not agree more.

This is an issue that all members of Parliament care about. It is a humanitarian issue. It is an equity issue. It is about safety. It is about saving lives. It just takes political will. This motion invites members of Parliament to agree that the time to solve this problem is now.

All levels of government share a responsibility for ensuring that all Canadians have reliable access to clean, safe drinking water.

We need to establish a strategy immediately in order to ensure that all aboriginal communities have access to drinking water. We need to take pertinent and decisive action to resolve this completely unacceptable situation.

There are fundamental water problems in Canada. Water is a very complex issue. The delivery of safe and clean drinking water is extremely complex. I learned that in my first year as minister of the environment in British Columbia. There were far too many boil water advisories in British Columbia. As the environment minister, I worked with the health minister to look at our approach to drinking water. A panel of experts headed by up by Mr. David Marshall, who was the chair of the Fraser Basin Council, assessed a proposed new drinking water act. It provided feedback to the government. That act was duly passed. There was also a safe drinking water action plan.

That action plan addressed the cumulative impacts on water. It gave communities the power to bring industry, the municipal government, non-governmental organizations and government departments together to develop a plan for addressing the cumulative impacts on water. The regulations gave the government some teeth for making sure that the challenges to obtaining safe and clean water were addressed. Having gone through that process, I am aware of the great complexities that plague us in having safe drinking water in communities across our geographically vast nation.

The regulatory and legislative gaps are still rife, despite the fact that many provinces and the federal government have made efforts to address that issue. Federal-provincial jurisdiction is always a challenge. The federal government wants to ensure it is not stepping into a provincial jurisdiction and provincial governments may be waiting for the federal government to take leadership.

Provinces and the federal government work together often in a constructive way. The leader of the Liberal Party pointed out that when he was premier, the government of Ontario worked with the Liberal government in Ottawa to address issues of inequitable access to safe water and infrastructure in aboriginal communities. The federal-provincial sharing of jurisdiction, of which water is a classic example, does not need to mean inaction or ineffectiveness. It simply needs to be addressed in the development of the strategy. It means working with the provinces to solve this problem.

By the way, I would not consider that to be a great strength of the current Conservative government. Consultation with the provinces in matters such as its crime bill, Bill C-10, and other matters has been missing completely and consultation certainly is necessary in a water strategy such as the Liberals are proposing in this motion.

There is a deficit across Canada in all categories of infrastructure. Municipalities, small and large alike, have gone to the federal government to reinforce that it is the federal government that has the ability to tax. A large percentage of taxes that are levied are federal government taxes, but the majority of infrastructure is the responsibility of municipalities. There is a mismatch.

There is over $1 billion in new funding needed immediately, and $4.7 billion over the next 10 years to upgrade water and waste water infrastructure to existing standards, according to a national report regarding first nations reserves. It would take $4.7 billion over 10 years to address this problem. Those are significant resources especially at a time when Canada is facing a slowdown in its economy, and we have not yet made up the half a million full-time net jobs that we have lost since before the recession.

Let us put this into perspective. What is the cost to the treasury as a result of the reduction in taxes for large and profitable corporations? Their tax rate will go down from 16.5% to 15.5%.

I was at a breakfast this morning with the eminent economist Jack Mintz from Alberta. When asked about corporate tax rates, he said that his view is that they are appropriate right now. They are far lower than those in the United States. He is not calling for additional tax reductions.

The Conservative government is planning a corporate tax reduction from 16.5% to 15.5%. That will cost the treasury well over the $4.7 billion over 10 years that is needed for first nations waste water and drinking water infrastructure.

Rather than further reduce corporate taxes, the government could decide that it would be more important to ensure that first nations living in communities without running water have safe drinking water and waste disposal. Imagine that. Is the government able to rethink its ideological decisions and do what is right to provide justice and equality for our first nations people? I hope so.

What about the government's new approach to crime? It will mean harsher and longer sentences for young people. Criminologists and people working in our criminal justice system say that will be counterproductive.

Many aspects of Bill C-10 are widely criticized by criminologists and public safety professionals. Many Canadians are concerned about the increased criminalization of Canadians and the effect that would have on first nations. The reality is there is a disproportionate number of first nations people in our jails, and it will be even worse when Bill C-10 passes.

We have been arguing that those funds should be put into supports to prevent young aboriginal people in our cities from ending up in prison, as opposed to bringing in longer prison sentences, more prison sentences, and inflexible sentencing.

There are nine former bills rolled into that one bill. The Parliamentary Budget Officer has estimated that the government's crime agenda will cost $5 billion. Let us take that $5 billion and use it to upgrade the water infrastructure in remote first nations communities, those communities where people are carrying their water in buckets. Let us solve that problem rather than throwing more aboriginal young people in jail. I would ask the Conservative members to think about that.

Does it make more sense to add more prisoners to our already overcrowded prisons? Because of overcrowding, 85% of prisoners cannot access the drug treatment programs or anger management programs they are required to do under the conditions of their corrections plan. The government added $120 million over five years for security, for dog teams, ion scanners and security experts. Why? Because overcrowding leads to more criminal behaviour in prison. The government wants to further overcrowd the prisons and dump more money into prison security, and yet it is cutting the drug treatment program in prisons. This is only going to get worse and become more expensive.

We should use the funds that Canada will have to dedicate because of Bill C-10 and the overcrowded prisons to address the lack of access to running water in our first nations communities.

As of last year, 116 first nations reserve communities across Canada were under a drinking water advisory. On average, these drinking water advisories last a year. They cannot drink water for that period of time. What are they going to do? They are going to spend time boiling that water, using expensive diesel fuel or other fuel that in some cases has been flown into their communities, so they and their children do not get sick.

That is completely unacceptable. Too many of these communities have living conditions that are shocking to Canadians when travelling to other countries and seeing some of the communities without running water and waste disposal. We should be shocked into action, knowing that those communities are rampant in Canada.

There are a number of things that have led to this problem. The government's response so far has been to cut Environment Canada's environmental monitoring program. We need to add resources. The answer is not regulation without resources. These communities do not have resources.

I want to just touch on some of the myths about water in Canada. I recently hosted a policy breakfast in Vancouver Quadra with a very eminent, recognized professor at UBC, Dr. Karen Bakker. She is the author of a book about water called, Eau Canada, which has been very highly regarded and has won awards.

Dr. Bakker came to my policy breakfast to talk about five myths of Canada's water. One of them is that we have the most abundant fresh water anywhere. That is not true. There are countries that have more fresh water, and certainly on a volume of water per square hectare, we are not near the top of the pack.

The myth is that our fresh water is clean. In fact, we lag in terms of the cleanliness of our water. Unfortunately we know that some of our industrial developments are contaminating our water. With some of our farming practices, even in the Fraser Valley, in today's era of understanding the threats to groundwater of overusing fertilizer or mismanaging the disposal of sewage from livestock, we still see the contamination of our streams, creeks and aquifers. Canada's water is not as clean as Canadians would like to think.

We also think our waste water is being treated before it goes back into the environment, as it should be. According to Dr. Bakker, Canada has nothing to be proud of in terms of our waste water treatment standards.

There is a myth that our water is well-regulated and unfortunately that is also untrue. When I was the minister of environment in British Columbia, I discovered that British Columbia was called the wild west for groundwater because there was absolutely zero regulation of that water. Anyone could put a well of any size anywhere and extract water from the ground without any regulatory oversight or rules. One of the things I was able to do as a provincial minister was to introduce the first-ever groundwater regulations in British Columbia.

Last, according to Dr. Bakker, people's conception about threats to our water is the export of bulk water to the United States. That is one of the biggest threat. In fact, Dr. Bakker's view is that this is a low risk because the northern U.S. states would prevent it. Their water regulatory regimes are stronger than in Canada. The risk is that Canadians do not understand the depth and extent of the problems with our water supplies.

I want to get back to the situation of first nations bearing the brunt of the challenges of having clean running water and waste water treatment. There is a lack of drinking water and a lack of adequate sanitation and flush toilets.

First nations communities are 90% more likely to lack running water than other Canadian and non-first nation homes. Just think about that. That is simply unacceptable and we cannot allow it. Canada is a country that has a medium rate of income inequality, but it is growing faster than income inequality in the United States. This kind of neglect of first nations' basic health, safety and access to clean water contributes to income inequality. Families are spending their time, effort and resources to do something that I, in Vancouver Quadra, can do by turning on a tap or flushing the toilet. Those families are not spending that time completing high school, or getting post-secondary education or finding a way to have jobs and economic opportunities in their communities.

We do see dramatic differentials in our human and social conditions in first nations communities. The levels of lower economic opportunities, such as health, education, longevity, infant and child mortality, numbers of community members in jail, et cetera, are unfortunately higher in first nations communities. First nations make up 2.7% of the adult population, yet 18.5% of the prison population and that is unacceptable. However, it does not come out of the blue. It ties into our inability or unwillingness as governments to put our shoulders to the wheel and work together to tackle this very basic determinant of the quality of life, which is to have safe running water and waste water treatment.

We need a real strategy, not just a list of problems and goals. We need to have the actions, the accountability for those actions and we need to take care of this problem and we need to start now.

JusticeOral Questions

November 16th, 2011 / 2:55 p.m.


See context

Liberal

Denis Coderre Liberal Bourassa, QC

Mr. Speaker, the Liberal Party of Canada supports the amendments to Bill C-10 proposed by the Government of Quebec. The federal government may well have jurisdiction to legislate on criminal matters, but Quebec and the other provinces manage the administration of justice and are stuck dealing with the consequences. The government did not even bother to come up with a proper French version.

My question for the Minister of Justice is simple. Will he agree to allow Quebec, by decree, to opt out of the requirement to publish the identity of a minor? They call this lasting security. Will he agree, yes or no?