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

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I do not appreciate the caustic comments coming back at my request for consideration.

This policy shift to jail everyone contradicts testimony by experts and the sound recommendations from countless national reviews on how to reduce the number of aboriginals committing crimes or who are the victims of crime. While only 3% of Canadians are aboriginal, they constitute 22% of the prison populations, nine times the national average. In 2008, one in four people identifying as aboriginal was in provincial or territorial sentence custody. In Nunavut, prisons are so crowded prisoners are sent away from the community to serve their sentences. They are dislocated from any community support. The long-standing housing shortage in Nunavut may soon be perversely solved through expanded jails.

Yet only 2% of the federal prison budget is spent on aboriginal programs. While the Canadian Human Rights Commission decries the government's failure to offer rehabilitation for aboriginal inmates, the government continues to cut effective programs, including prison farms and healing circles.

National Chief Shawn Atleo has told us that aboriginal high school students are more likely to be incarcerated than to graduate. Aboriginal youth face a 14% unemployment rate. Aboriginal women suffer more than twice the rate of unemployment than non-aboriginal Canadians.

The Samson Cree first nation faces an unemployment rate of 53%, high levels of substance abuse, marked increase in gang activity, and among the highest rates of incarceration per population of any first nation in this country.

A task force of first nations, RCMP and government agencies examined the root causes and recommended a number of measures. At the top of the list was a youth centre to stream vulnerable youth away from the incubating of gangs, yet they were told the government does not fund recreation centres for aboriginals.

Aboriginal women make up a whopping one-third of women in custody. Federal correctional investigator Howard Sapers has reported systemic discrimination against aboriginal women prisoners. He has reported that they do not receive timely access to rehabilitation programs which hinders their community integration. Given the percentage of women imprisoned, that is likely having a significant impact on aboriginal communities.

Anyone who commits a crime must face justice, but is it not equally important to take action to prevent involvement in criminal activities?

As the majority of prisoners are released back into the community, and as the intended result of this legislation is to imprison more people, is it not important that greater attention be given to rehabilitation programming? Is that not important to reduce the risk of reoffending and thus reduce more victims of crime? Instead of building more jails, why not invest more in education and job creation for aboriginal Canadians?

Aboriginal people are also victims of crime and deserve informed, effective strategies to protect their communities and their streets.

According to Statistics Canada, in 2009, 37% of aboriginals age 15 or older in the provinces have suffered violent victimization compared to only 26% among non-aboriginals. Twelve per cent of aboriginal people have been victims of violent crime compared to 5% of other Canadians. In 2009, 67,000 or 13% of aboriginal women reported being a victim of one or more violent crimes. The number of aboriginal women reporting incidents of spousal violence was two times more than non-aboriginal women. The number of missing and murdered aboriginal women continues to rise.

In assuming the portfolio as aboriginal affairs and northern development critic for my party, I have taken the time to review reports by the Auditor General. Sixteen reports over two decades have raised significant issues regarding the federal response to rising aboriginal health, housing, education and employment disparities. Aboriginal affairs reports that aboriginal people are four times more likely to live in crowded dwellings and in poor conditions.

Sheila Fraser advised that she was profoundly disappointed to note that despite federal action in response to her recommendations, a disproportionate number of first nations people still lacked the most basic services that other Canadians take for granted. In her words, “In a country as rich as Canada, this disparity is unacceptable”. She called for action on structural impediments to services. Nowhere in her report does she call for the construction of yet more prisons to address this disparity.

The government has committed, under the Canada-First Nations Joint Action Plan, to address disparities in education, jobs and governance. It is unclear whether similar commitments will be extended to Inuit and Métis Canadians. The question to ask is, what new fiscal commitments are being made to deliver on these promises?

The government has yet to table in the House the projected costs of the prison expansions needed under Bill C-10. It has also not yet revealed if there will be cuts to the Department of Aboriginal Affairs and Northern Development. In the last budget the government cut support for the healing centres. As many provinces are facing significant deficits, the downloading of prison expansion costs will have implications for their programs, such as for addictions and fetal alcohol syndrome.

Alberta already has faced public displeasure over the decision to cut its restorative justice program. Municipalities are begging for support for housing. Sadly, a good percentage of the Edmonton murders recently are related to mental health and homelessness. One victim was murdered as he slept on a bench. He was slated to move into his first home the next day after 20 years of living on the street.

The situation in which far too many aboriginals find themselves growing up fosters criminal activity and abuse. Why not respond to the myriad commission reports calling for increased investments in housing, in youth programs, in schools, and addictions counselling, and reduce the probability of yet more victims of crime? Why not invest in programs that may provide a ray of hope instead of legislation and policies that merely entrench despair?

The Auditor General and many others have offered constructive measures. It is time for the government to respond.

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

Mr. Speaker, the member will no doubt know that the City of Edmonton is currently facing a murder epidemic. There have been 38 murders in the City of Edmonton in this calendar year alone, more than in any other city in Canada. I am curious as to why she and her party are opposed to the government's safe street and communities agenda, given that crime is out of control in the city in which both she and I live?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I am fully aware of the murder rate in my city and it is reprehensible. What Edmontonians want is action by the federal government and all governments, including the police forces and all government departments and agencies to prevent more violent crime. It provides little redress to the victim of a crime that we are going to incarcerate somebody after the fact.

As I mentioned, there is the very sad case of a mentally troubled individual allegedly causing a fire in a building and causing the death of someone. A number of homeless people are being murdered on the streets as they are sleeping. This calls for a much broader response than simply locking people up on a minimum mandatory sentence.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I am very sensitive to many of the comments made by New Democratic members on this bill. However, in the September 21 issue of the Winnipeg Sun, I was quite surprised to read the NDP government's position on this bill. Gord Mackintosh, whom I have known personally for a number of years, stated that they strongly urge all parties in Ottawa to support this crime bill and to support it expeditiously. In fact, Mr. Mackintosh indicated that the bill does not go far enough.

Has the NDP government caucus in Manitoba had any consultation with the member's caucus as to what its position actually is on Bill C-10? Could her party share with the House what those costs might be, for example, in the province of Manitoba?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I am sure the members of my caucus who are from Manitoba regularly speak to their provincial counterparts. I would not deign to step on their toes. I am busy enough dealing with the Alberta government.

I cannot speak to the details on that question except to say it is a pretty broad-brushed question to ask what further can be done in all the provisions of the bill. My colleagues have been very clear on the parts of the bill we do support, and that is to expedite the provisions relating to the protection of children from pornography and assault, and in fact to hold off on measures such as mandatory sentencing for youth who might be caught with five marijuana plants.

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

Mr. Speaker, mandatory minimums, which have been universally condemned by everyone with expertise in public policy and criminology, have now had an additional criticism laid against them from evidence in the United States. The New York Times reported on September 25 that mandatory minimums are now increasing plea bargains, that prosecutors are taking all the powers that judges used to have and it is actually resulting in criminals getting lighter sentences than they would have had, had their cases gone to trial.

I would be grateful for any comments from the member for Edmonton—Strathcona.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, as my colleagues stated earlier, many in the U.S. government, both at the state and the federal levels, are raising questions about the past policies of the U.S. government and are moving toward the kind of measures we are proposing which are to prevent crime.

Indeed, we need to reconsider the elected members making the decisions on what the appropriate sentence should be and instead rely on the judges and prosecutors who hear the details of each case.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, the excellent speech of my colleague from Edmonton—Strathcona brought forward what is truly one of the parts of this legislation which the government has failed to talk about, which is the impact on aboriginal people.

Certainly my colleague has explained this at length, but I would like to hear more about how this legislation leaves out people who are often the most negatively impacted as a result of the inequality that exists in our society. They often end up in the correctional system without the services, without prevention, and without the needed supports. Obviously it is a major gap and we hear nothing about this from the government. It has a fiduciary obligation to first nations and aboriginal peoples.

I would certainly like to hear from the member how the government is letting go of that obligation and leaving aboriginal people out in the cold.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, the hon. member for Churchill has been strident in the House in speaking on behalf of the rights and interests of aboriginal communities, including those in her own riding. She spoke out stridently against cutting the healing centre funding. There is no substance to the apology to our aboriginal communities, our first nations, if we do not come forward with substantive programs.

Absolutely, I have been sitting in here today and have heard no mention whatsoever of the consideration to our aboriginal Canadians. We need to be, not only in sentencing, giving due consideration to their plight and the impact on them from residential schools, their poverty and so forth. Also, we need to know what the government will do to invest in providing additional programs to help make aboriginal Canadians part of our economy.

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, as I begin my statement today, I will say that, as a retired member of the RCMP, I am proud to be part of a government that is putting forth legislation to assist police officers across Canada in serious investigations. More so, I am extremely proud that we are putting the rights of victims of crime before that of the people who commit the crime.

I am very pleased today to have an opportunity to speak to the safe streets and communities act and also to talk a bit about the good work our government has been doing to keep our streets and communities safer for Canada's law-abiding families.

As we know, the legislation in this comprehensive bill, which encompasses nine bills that have been brought before Parliament at various times since 2007, is not new to Canadians. In fact, this legislation has already had 79 full hours of debate in this place and has been studied in committee for 123 hours. All together, that is more than eight straight days spent considering common sense legislation.

Furthermore, in the election this past spring, we were very clear that, if elected, a strong, stable, national, majority Conservative government would bring legislation before the House in this manner. I am pleased and proud that Canadians saw fit to give us a strong mandate to carry on with our work.

I am also hopeful that members of the opposition will do the right thing and help us pass this important legislation.

As several of my hon. colleagues have pointed out, since taking office our government has not wavered from our commitment to crack down on crime and continue working to put the safety and security of Canadians at the forefront of our law and order agenda.

Hon. members will know that our government told Canadians, when it was first elected, that we would do things differently than the previous Liberal government. In fact, we have taken action on a number of fronts.

We said we that would get tough on crime. We have delivered. We said that we would ensure that people convicted of serious gun crimes would be given serious sentences. We have delivered. We said that we would take action to give law enforcement the tools it needed to do its jobs. We have delivered. In fact, we have taken steps to augment police forces and to help in efforts to improve recruitment for law enforcement agencies. For example, in 2008, we committed $400 million for the police officer recruitment fund to assist provinces and territories in hiring additional police officers.

That is a significant federal contribution to provincial and municipal policing costs over a five year period, and it supports the efforts of these jurisdictions to recruit new police officers in order to target local crimes and make communities safer.

On the legislative side, we have passed legislation targeting gang violence and organized crime by addressing issues such as gang murders, drive-by shootings and additional protection for police officers.

We have passed legislation to end the shameful practice of giving two for one or even three for one credit for criminals in pre-sentencing custody. This change will help ensure that offenders serve sentences that truly reflect the severity of their crimes.

We have also passed legislation to help reform the pardon system, and Bill C-10 contains further measures to eliminate pardons for serious crimes including those who sexually abuse the most vulnerable citizens in society, our children.

As well, we have passed legislation to strengthen the National Sex Offender Registry and the National DNA Data Bank in order to better protect our children and other vulnerable members of our society from sexual predators. This change means that police officers can now use the Sex Offender Registry as an effective tool to investigate and, hopefully, prevent crimes.

We also recently passed legislation that eliminates accelerated parole review, ensuring that drug dealers and white collar fraudsters are no longer eligible for release on day parole after one-sixth of their sentence.

We also have ended the faint hope clause so that persons convicted of first degree murder serve their entire parole eligibility period in prison.

Clearly, our government has done a lot to help ensure that criminals are fully held to account for their actions and to keep our streets and communities safe.

Over the last three years, our government has done what it said it would do to keep Canadians safe in their homes and communities. We have done that because we said that we would help the victims of those crimes. I will talk a bit about that now.

First, with a great deal of this legislation, we are recognizing the harm done to victims in this country by serious violent crime. We are delivering tangible action to help make them part of the corrections process, as well as help them to seek redress for what they have suffered.

As we know, the repercussions of crime extend far beyond the act that the victim of crime will suffer at the time. The repercussions extend for years into the future, causing financial, emotional and even psychological impacts. As well, for the victims of crime, regardless of how long one works to try to come to terms with what has happened, the act of crime and the long-lasting impact it has on the victims will, invariably, last a lifetime. With that act of crime, the victims' life, as they know it, is effectively taken from them and replaced with one of ongoing distress, the effect of which could be multiplied by the changes in conditions for their attacker. That is why the safe streets and communities act includes provisions to ensure that victims are actively included in the corrections process.

For example, the safe streets and communities act would enshrine in law a victim's participation in Parole Board of Canada hearings. That means it would be formally recognized that a victim must be included and heard in the process by which an offender is considered for conditional release into the community.

Also included in the safe streets and communities act are provisions that would ensure victims are kept better informed about what is happening with the offender in the corrections system. These provisions would specifically deal with how offenders are behaving while they are incarcerated, whether they are adhering to their correctional plan and if they are being transferred to a lower security institution. By keeping victims better informed about the behaviour, movements and potential release of offenders, we would ensure that victims are more fully engaged in the overall corrections process.

It is not as a mere formality or acknowledgement of what they have suffered. Ensuring that victims are actively involved in the corrections process is essential for both their healing and well-being. It also demonstrates to offenders the true nature of the harm they have done to society, which is a necessary part of the rehabilitation process.

Another way that safe streets and communities act is standing up for victims is the provision that would allow victims to sue perpetrators and supporters of terrorism and hold them accountable for their actions. The legislation would create an action where the victim could sue, in a Canadian court, an individual or a listed state that was responsible for actions of terrorism by which that individual had been directly affected. This is something in which Canada is leading the way and a new way in which criminals and terrorists could be held accountable and no longer act with impunity outside the law.

We hope that the opposition will support this legislation as we work to deliver better tools to help victims seek redress from the crimes committed against them. As well, by bringing victims more formally into the corrections process, it is our aim to protect the rights of victims and continue to take action to put the safety and security of Canadians, including victims, at the forefront of the way that corrections is handled in our great country.

I will end my speech by calling on the NDP to support this important legislation and stop its pattern of putting the rights of criminals ahead of the rights of law-abiding citizens.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I would like to hear what the hon. member has to say about the fact that, at its annual meeting on August 13 and 14, 2011, the Canadian Bar Association adopted a resolution that states:

...WHEREAS mandatory minimum sentences remove judicial discretion from the sentencing process, precluding sentencing judges from balancing all the factors of the case and imposing a one-size-fits-all solution to dispositions;

...WHEREAS mandatory minimum sentences disproportionately impact already disadvantaged populations, including Aboriginal people;

I would like to add youth to that.

I would like the hon. member to comment on the resolution adopted by the Canadian Bar Association.

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, with regard to minimum sentencing, police officers across Canada have been looking forward to this legislation for a long time. They understand that there is a certain segment of society that requires incarceration and the bill would supply that to those people who need incarceration.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I will begin by citing a couple of quotes. The first quote comes from the Minister of Citizenship, Immigration and Multiculturalism on May 27, 1998, when he stated:

I begin by condemning this government for allowing itself to trample on democracy and democratic deliberation....

He was referring to time allocation, among other things.

This quote on June 10, 2003 comes from the member for Edmonton Southwest, who said:

The purpose of the institution of Parliament is supposed to be a deliberative assembly. When we shut down debate, we eliminate the whole purpose for the institution in the first place.

What is the government doing here? It has taken a bunch of bills and put them into one, which we call Bill C-10, and now it is putting a time limitation that prevents members of Parliament from being able to talk on each and every, what should be, separate bills. What would those members have said back then about government action?

I would suggest that what is being forced upon the opposition today is most unfair and not very well principled when it comes to the democratic principles of the House of Commons.

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, as I said at the beginning of my speech, this legislation has already spent 79 full hours of debate in this place, not including today. It has been studied at committee for 123 hours for a total of 8 days. I believe that we have studied the bill long enough.

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

Mr. Speaker, the member for Kootenay—Columbia opened his remarks indicating support for the bill based on his experience as a retired RCMP officer. What specific measures in the bill would add to the police toolbox as they continue their fight against crime?