Safe Streets and Communities Act

An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts

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

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 of this enactment creates, in order to deter terrorism, a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters. It also amends the State Immunity Act to prevent a listed foreign state from claiming immunity from the jurisdiction of Canadian courts in respect of actions that relate to its support of terrorism.
Part 2 amends the Criminal Code to
(a) increase or impose mandatory minimum penalties, and increase maximum penalties, for certain sexual offences with respect to children;
(b) create offences of making sexually explicit material available to a child and of agreeing or arranging to commit a sexual offence against a child;
(c) expand the list of specified conditions that may be added to prohibition and recognizance orders to include prohibitions concerning contact with a person under the age of 16 and use of the Internet or any other digital network;
(d) expand the list of enumerated offences that may give rise to such orders and prohibitions; and
(e) eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years.
It also amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis (marijuana) production and to reschedule certain substances from Schedule III to that Act to Schedule I.
Part 3 amends the Corrections and Conditional Release Act to
(a) clarify that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process and for the National Parole Board and the provincial parole boards in the determination of all cases;
(b) establish the right of a victim to make a statement at parole hearings and permit the disclosure to a victim of certain information about the offender;
(c) provide for the automatic suspension of the parole or statutory release of offenders who receive a new custodial sentence and require the National Parole Board to review their case within a prescribed period; and
(d) rename the National Parole Board as the Parole Board of Canada.
It also amends the Criminal Records Act to substitute the term “record suspension” for the term “pardon”. It extends the ineligibility periods for applications for a record suspension and makes certain offences ineligible for a record suspension. It also requires the National Parole Board to submit an annual report that includes the number of applications for record suspensions and the number of record suspensions ordered.
Lastly, it amends the International Transfer of Offenders Act to provide that one of the purposes of that Act is to enhance public safety and to modify the list of factors that the Minister of Public Safety and Emergency Preparedness may consider in deciding whether to consent to the transfer of a Canadian offender.
Part 4 amends the sentencing and general principles of the Youth Criminal Justice Act, as well as its provisions relating to judicial interim release, adult and youth sentences, publication bans, and placement in youth custody facilities. It defines the terms “violent offence” and “serious offence”, amends the definition “serious violent offence” and repeals the definition “presumptive offence”. It also requires police forces to keep records of extrajudicial measures used to deal with young persons.
Part 5 amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.
The enactment also makes related and consequential amendments to other Acts.

Elsewhere

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

Votes

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

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 5:20 p.m.
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Conservative

Julian Fantino Conservative Vaughan, ON

Mr. Speaker, with respect to my friend's interpretation of what is intended here, first and foremost the growing of six plants is for the purpose of trafficking. It is vastly different from what the member is suggesting.

No one is looking at comparing crime in the context of the experience that I and my colleagues have had. We are talking about those who traffic in marijuana; six plants is the number that has been calculated, but I also know people who have trafficked one plant.

I do not see how one could ignore the fact that the criterion is that of trafficking, as opposed to just growing it for personal use, even though some people may frame it that way.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 5:25 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I would like to seek unanimous consent to move the following motion: that the provisions of 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 respecting support for victims and consisting of clauses 52, 55, 96 through 98, and clause 130, do compose Bill C-10B; that the remaining provisions in Bill C-10 do compose Bill C-10A; that the clerk and the parliamentary counsel be authorized to make any technical changes or corrections as may be necessary; that Bill C-10A and Bill C-10B be reprinted; and that Bill C-10B be deemed to have been read the first time and be printed, deemed read the second time and referred to the committee of the whole, deemed reported without amendment and deemed read the third time and passed.

Mr. Speaker, we are proposing this motion to move forward those sections of the omnibus bill that would provide support for victims, including broadening the definition of a victim, allowing the inclusion of victim impact statements at parole hearings and providing enhanced notification to victims regarding parole board hearings as well as other measures that support victims.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 5:25 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

I do not think that is a point of order.

Is there unanimous consent to proceed in this manner?

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 5:25 p.m.
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Some hon. members

Agreed.

No.

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September 27th, 2011 / 5:25 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

There is no consent.

Resuming debate, the hon. member for York West

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September 27th, 2011 / 5:25 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I have been able to squeeze my name in among many others so that I can speak to Bill C-10 and talk about what is good about it as well as all the concerns we have about it. I am glad that I was able to get in, given the fact that we have closure before us.

Just over a week ago the Minister of Justice introduced his highly politicized Bill C-10. Now, after only a couple of hours of debate, the government has moved to shut down democratic discussion on the bill, in the very House of democracy.

This bill is actually nine previous bills jumbled together in a way that must make U.S. Republicans green with envy. Let us imagine nine bills going through with no debate. Yes, we are supportive of parts of those nine bills, but to put them forward in one huge bill and expect us to pass them in less than the two weeks that we have been in this House is a real insult to democracy and an insult to all of us as parliamentarians here to do a job. With some of it we have no problem, but to turn around and have it proceeding in such a short period of time without full debate and input from all of us is a true disservice.

If I were to listen to the government, it would seem that crime is rampant and out of control in the cities, towns, villages and hamlets of Canada. The government, perched on its white horse, says it is prepared to ride to our rescue. What does that actually mean in real legislation?

Despite the rhetoric and the fearmongering from our friends across the way, which is something we are all guilty of in this House on various pieces of legislation, Statistics Canada seems to have a different take when it comes to crime rates.

In a report released earlier this year, Statistics Canada stated that police-reported crime reached its lowest levels since the early 1970s. It goes on to say that the police-reported crime rate, which measures the overall volume of crime, continued to decline right up until last year. In fact, last year it was down 5%, reaching its lowest level since 1973, which is something we are all thrilled about. We are pleased that it has gone down to that extent.

Would we like to wipe it out altogether? Of course we would, but we also have to be practical. There are various issues here that have to be addressed as we all try to reduce crime in this country. It is as low as it is as a result of the many crime prevention programs introduced through the Liberal years that we were here.

That same Statistics Canada report says that violent crime is at its lowest since 1999. Last year both the volume and severity of violent crime fell 3% from the previous year, while the decline in the violent crime severity index was more notably down 6%.

This is the fourth straight year when there has been a decline in the violent crime severity index, and it is the largest drop in more than a decade.

Overall, violent crimes accounted for just one in five offences. Among the violence crimes that saw a significant decline were attempted murder, down 14%; homicide, down 10%; robbery, down 7%; and serious assault, down 5%.

That is where we all want to see it, going down, which is what raises the question of why we have Bill C-10 bundled up with nine pieces of legislation and then rushed through this parliamentary session.

We know that Bill C-10 is not on the table because of actual evidence. There has been no evidence presented to tell us exactly why it is important for us to cram this through and why we cannot have full debate through the House and through committee stages. The Conservatives want to scare people by painting a picture of crime that is clearly, in their opinion, out of control, because it fits the ideology of the Republicans and of the Conservative government.

I am prepared, as are many of my colleagues, to support measures that actually tackle real crime with balance and focus. Bill C-10 is not that.

For example, as my colleague just mentioned, this legislation suggests minimum penalties for certain drug crimes that are harsher than those for certain sexually driven crimes involving children. We have to look at both of those and try to see where there is a balance. I would suspect that any crime involving children and sexual activity would have the harshest of penalties applied.

Instead there seems to be a difference in how that would be applied. We do not support the idea of someone growing marijuana plants either, but it certainly should not have a stricter penalty, or at least both of them should be at the appropriate level. If we are truly talking about protecting the vulnerable, we have to do far more than what is written in Bill C-10.

The real challenge ahead of us is that the bill proposes to spend billions of dollars on a crime and punishment agenda that will do little or nothing to tackle crime and punishment. Despite the billions of dollars being spent on Bill C-10, it fails the real issues of tackling poverty, homelessness, financial illiteracy, income security, and education. Almost 99% of what we see in the crime agenda is a result of those issues. No job, no education, homelessness, drugs and mental illness are usually the key issues that get people into those crime situations. Experts tell us that any real effort to prevent crime must start with an effort to stamp out hopelessness and fear.

It appears as though Bill C-10 is covered with the fingerprints of U.S. Republicans. The Americans have one of the highest rates of incarceration on the planet, and they are starting to see that a system based only on punishment is a failure. As much as it might make us feel good to lock people up, the reality is that it does not appear to work in all of the cases.

Let me quote from a recent U.S. editorial with regard to crime and prisons. It states:

California spends more money on prisons than on higher education. The governor is right--we've got it backwards and it's time to reverse course.

Only 68% of our high school students are graduating. Yet we pay prison guards substantially more than teachers.

Fear of crime led us to vote for long prison terms and the three strikes law. We didn't intend to spend $4 billion more on prisons than colleges....

The less educated our workforce...the more we feed the prisons.

It's time to admit our mistakes and make tough decisions. By pumping so much money into prisons, we're starving education. We cannot afford the consequences.

That was a quote from an editorial in a newspaper in the United States, and it spells out exactly the direction we are going.

We are pleading with the government not to go down that route. Let us look at this. Let us take some time to make sure that Bill C-10 goes in the right direction. Let it go to committee and let it have full hearings and a full debate. We all want to ensure safety on our streets and in our communities. No one thinks any differently, but we really have our heads in the sand if we think that bundling it all up and pretending it is going to solve all the problems is really going to make that happen.

That is not what we want, and I am sure none of the other members in the House want it. Locking someone up forever does not eliminate crime. Locking someone up forever does not make us any safer. Locking someone up does not help those who have been victimized by criminals either. Locking someone up forever is an after-the-fact system that does little to address the root causes of crime.

I believe we can do better. We can tackle poverty, homelessness and joblessness. We can make our streets safer for our children and families. We can replace fear with hope, but Bill C-10 is not the way to do this.

The Conservatives cite their majority in the House as a justification for why the bill is worth passing. That is not a valid reason. On this side of the House we are willing to work with the government to pass a crime bill that strikes at the root causes of crime, helps victims get back on their feet and punishes offenders appropriately for their misdeeds.

Bill C-10 ignores evidence and does not produce any facts. It creates an illusion that crime is out of control and it fails to provide any information on the real costs of implementation. Bill C-10 does not reflect the values of Canadians as a smart, caring society, and it would do nothing to address crime in this country.

Bill C-10 is not an omnibus crime bill, it is an ominous crime bill, because it signals a shift toward an approach to crime that has failed in places like the United States. If we adopt Bill C-10 as it is, we are adopting a failed approach.

I, for one, have grave concerns with not only the financial impact, but the real agenda is to make our communities and our streets safer. Bill C-10 has some merit in some parts, and there are areas we would like to support, but clearly work has to be done.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 5:35 p.m.
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Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Madam Speaker, I certainly want to thank the hon. member for York West for her contribution in this debate.

I am always amazed when opponents of our safe streets and safe community agenda cherry-pick statistics to oppose our legislation. I say “cherry-pick” deliberately because if we pick 1970 as a reference point official crime statistics are down. However, if we pick 1960 as a reference point they are up and they are up considerably.

More relevantly, I wonder if the hon. member knows that in 2009 one in four Canadians reported being a victim of a crime and only 31% of those people reported those crimes to the police.

The real issue is not if crime is up or down. It is whether the level is tolerable. In 2010, even official police statistics showed two million crimes in Canada, 440,000 of which were violent.

Are those acceptable numbers?

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 5:35 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Madam Speaker, in my mind no crime is tolerable, period. Frankly, if I could wave a magic wand we would not have any crime. However, that does not work and we all know that. We live in a world where statistics matter and we need evidence to back up what we are moving forward.

I would rather see more money go into policing to provide support for the men and women who keep our streets and our country safe, crime prevention, and ensuring there is housing so that people are not living on the streets. A big important part is the whole issue of mental health. All of us who work daily in our communities know that a number of people who are out there causing part of this crime are seriously ill. That is an area the House has yet to tackle. We talk a lot about it but we have yet to put the investment into truly helping people who are suffering from mental health illness.

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September 27th, 2011 / 5:40 p.m.
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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, I have a question for my hon. colleague.

In all of the research she has done, is there a single modern state, in North America or Europe, that has a tough on crime policy and that has seen crime rates decrease more quickly than in a neighbouring state? Or, on the contrary, are there not examples where the tough on crime policy slowed a decrease in the crime rate or even caused an increase?

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 5:40 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Madam Speaker, let me be very clear. We should be very tough on crime. We all want those who are violent offenders or sexual predators to be dealt with as severely as the system allows.

The issue is what about all of the people who for whatever reason find themselves in a situation where they have no money and commit a robbery? Without question there should be an appropriate penalty for every crime, not just lock people in prison for two or three years.

I visited Mimico, a reformatory system in Toronto. It was filled with young people. I wondered what they would be like when they came out. From everything I hear, once they go into those kinds of facilities they always come out tougher, hardened and more disillusioned with life.

We have to spend more time figuring out how we can stay ahead of that. That means ensuring that our local police services have all the support they need, that we have crime prevention programs and that we invest in our communities.

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September 27th, 2011 / 5:40 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Madam Speaker, I would ask my hon. colleague from York West to talk about the overall costs of this tough-on-crime approach which a previous member said a moment ago has been found elsewhere not to work. In fact, he found that crime had increased as a result of these policies. California is a good example of that.

I would like to hear her comments.

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September 27th, 2011 / 5:40 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Madam Speaker, I alluded to the California issue. We need to look at exactly what went on there and why it probably has the highest incarceration rate in the world. It is out of control. California does not have any money to balance its budgets or to put into education.

Clearly, if we use what was done in California as an example, that is exactly the direction in which Bill C-10 appears to be taking us.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 5:40 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Madam Speaker, I am pleased to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act.

Bill C-10 is comprehensive legislation that addresses a number of serious issues that are in front of mind for this government and for all Canadians.

It proposes legislative reforms to strengthen our existing responses to: child sexual abuse and exploitation as well as serious drug, violent and property crimes found in part 2, clauses 10 to 51; terrorism, found in part 1, clauses 2 to 9; violent young offenders, part 4, clauses 167 to 204; offender accountability and management, part 3, clauses 52 to 166; and the protection of vulnerable foreign workers against abuse and exploitation, part 5, clauses 205 to 207.

There can be no question that this is an important package of reforms. That is why we must take our task as lawmakers seriously, and study and pass these proposals to ensure the safety of all Canadians.

Bill C-10 compiles the reforms that were included in nine bills that were before the previous Parliament which died on the order paper with the dissolution of that Parliament for the general election. Former Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders) is now in part 4 of Bill C-10. Former Bill C-5, Keeping Canadians Safe (International Transfer of Offenders) Act is now in part 3. Former Bill C-16, Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act is now in part 2. Former Bill C-23B, Eliminating Pardons for Serious Crimes Act is now in part 3. Former Bill C-39, Ending Early Release for Criminals and Increasing Offender Accountability Act is now in part 3. Former Bill C-54, Protecting Children from Sexual Predators Act is now in part 2. Bill C-56, Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act is now in part 5. Former Bill C-59, Abolition of Early Parole Act is now in part 3. Former Bill S-7, Justice for Victims of Terrorism Act is now in part 1. Former Bill S-10, Penalties for Organized Drug Crime Act is now in part 2.

Many of these former bills were previously debated, studied and some were even passed by the House of Commons. Therefore, they should easily be supported again in this Parliament.

I would like to focus the balance of my remarks on the proposals in Bill C-10 to better protect children against sexual exploitation, that being those reforms now in part 2 of this legislation that were previously in Bill C-54 in the last session of Parliament.

The reforms build on the government's well-established commitment and track record in delivering concrete measures tackling violent crime, and in particular to safeguard children against violent sexual offenders. For example, the Tackling Violent Crime Act, 2008 raised the age of consent of sexual activity from 14 to 16 years to better protect Canadian youth against adult sexual predators. It also better protected all Canadians against dangerous offenders by providing police, crown prosecutors and the courts with much needed tools to more effectively manage the threat posed by individuals who were at high risk of reoffending sexually and violently.

While it is true that our existing criminal laws addressing child sexual abuse and exploitation are already comprehensive and robust, there is always room for improvement. We should never be complacent in ensuring that we are doing all we can to safeguard such a vulnerable segment of the Canadian population.

This point is underscored by Statistics Canada's Canadian Centre for Justice Statistics Juristat article “Police-reported crime statistics in Canada, 2010”, released on July 21, 2011, which reported increases in the rates of child pornography offences as up 36% and sexual assault as up 5%.

The proposed reforms in Bill C-10 are both timely and welcome. They address clear gaps in our existing laws. The address the gap created by inconsistent penalties for sexual assault offences where the victim is a child and the gap that now exists because some of the preparatory conduct engaged in by child sex offenders is not criminalized. They fill a gap in our existing measures to help prevent known or suspected child sex offenders from engaging in conduct that could facilitate their sexual offences.

The proposals in Bill C-10 seek to ensure that all sexual offences involving a child are treated equally, seriously and consistently. They do so by: proposing to impose new mandatory minimum penalties for offences involving child victims that currently do not carry minimum penalties; increasing the mandatory minimum penalties for some child sex offences that are already imposed; and, by increasing the maximum penalties on some other offences. Once these reforms are enacted, there would be a consistent approach to sentencing in all sexual assault cases involving child victims.

Child sexual assault could be charged under any of the child-specific sexual offences or under the general sexual assault offences that also apply to adult victims. Currently, 12 but not all child-specific sexual offences impose mandatory minimum penalties and none of the general sexual assault offences impose mandatory minimum penalties.

In practice, this means that the overwhelming majority of child sexual assault cases do not carry mandatory minimum sentences. This is because the majority of child sexual offences are charged under the general sexual assault offence in section 271, which does not currently impose a mandatory minimum sentence of imprisonment. That is 80% of all child sex offences charged in 2008. The source of this information is Statistics Canada's Canadian Centre for Justice Statistics Uniform Crime Reporting Survey, UCR2. It is very current data.

If we take as our starting point the universally shared view that all child sexual abuse must be strongly condemned and that mandatory minimum penalties are exceptional in the Criminal Code and are reserved for those crimes that Parliament determines must be strongly denounced and deterred, it should be obvious to all that the current use of mandatory minimum sentences for some but not all sexual offences involving child victims is just wrong. That sends a message to some victims that their experience of sexual assault is less serious than that of other child victims. It also sends a message to child sex offenders that they should try to plea bargain for charges under offences that do not impose mandatory minimum penalties.

Bill C-10 contains fundamental legislative safeguards for all Canadians. I call upon the opposition members to put an end to their attempts to obstruct the bill and to support our efforts to keep Canadians safe.

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September 27th, 2011 / 5:50 p.m.
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NDP

Andrew Cash NDP Davenport, ON

Madam Speaker, the member opposite invites us to take our job as lawmakers and parliamentarians seriously, which is why the limitation on debate of this huge omnibus bill is so egregious.

The member opposite listed all the reasons that the House should unanimously support the component around child exploitation and sexual assault. Perhaps the hon. member was not in the House when my hon. colleague from Windsor—Tecumseh rose to say that we indeed do support that part of the legislation. In fact, it should be expedited. We could have that part of the bill passed in 48 hours if the government would stop stalling.

Could the member opposite explain why the government is stalling on that part of the legislation?

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 5:50 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Madam Speaker, the elements in the bill and the laws in the bill were already debated in this House. Now we want to put them through so Canadians can be safe.

When we stand in this Parliament and look around at what Canadians expect us to do as lawmakers, we do need to take our jobs very seriously. In the past election, Canadians overwhelmingly gave us a mandate to push these bills forward, bills that we could not get through in the last Parliament.

Now, to enable that to happen, they have gone into one bill. They have been debated and some have even been passed in the House. Now it is time to get on with the job and get this done.