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

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Madam Speaker, the hon. member talked a lot about prevention. I will share a story with her about some of the beautiful children with whom I have worked. They can be verbally and physically aggressive. They find it difficult to understand what people are saying to them. They have problems managing their money. It is all through no fault of their own. They are victims of fetal alcohol syndrome disorder.

As members know, exposure to too much alcohol can damage a developing baby's brain. The resulting symptoms including learning difficulties, problems processing information, poor judgment and a lack of emotional control. Many of these victims end up in difficulty with the law.

I wonder what the member thinks Canada should be doing for these children, these adults, and to address FAS in prisons.

[Anne Minh-Thu Quach, NDP, Beauharnois—Salaberry, QC]

Madam Speaker, I want to thank the hon. member from the Liberal Party for her question. We have a lot in common. I used to work in the school system as a teacher.

Many children are pleased to get help at school, whether it comes from social workers or remedial teachers. With that help, they can finally manage, after several treatments, to control their anger, express in a non-violent manner what they are feeling and discuss the problems they are experiencing. They end up working through their problems in a more positive way.

[Ed Holder, Conservative, London West, ON]

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

We all know that the safe streets and communities act proposes a wide range of reforms to strengthen the law's response to several things: child sexual abuse and exploitation, serious drug and violent property crimes, terrorism, violent young offenders, offender accountability and management, and the protection of vulnerable foreign workers against abuse and exploitation.

As many hon. members have noted, the bill brings together in one comprehensive package reforms that were included in nine bills that were put before the previous Parliament and that died on the order paper with the dissolution of Parliament for the general election.

I will itemize these. These former bills are: Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders); Bill C-5, Keeping Canadians Safe (International Transfer of Offenders) Act; Bill C-16, Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act; Bill C-23B, Eliminating Pardons for Serious Crimes Act; Bill C-39, Ending Early Release for Criminals and Increasing Offender Accountability Act; Bill C-54, Protecting Children from Sexual Predators Act; Bill C-56, Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act; Bill C-59, Abolition of Early Parole Act; Bill S-7, Justice for Victims of Terrorism Act; and finally Bill S-10, Penalties for Organized Drug Crime Act.

Many hon. members have participated in several hours of debate today and ongoing debate from the last Parliament to now. It is clear that some do not share the same views as the government about the need to address crime in our society, the need to increase public safety, the need to better balance the role of victims in the justice system and the need to make offenders more accountable.

My remarks here today need not repeat what some of my hon. colleagues have already noted about the key features of Bill C-10 and the importance of these reforms. I propose to briefly comment on the important reforms proposed in Bill C-10 as they relate to the Youth Criminal Justice Act.

The Youth Criminal Justice Act came into effect in April 2003. The reforms now proposed in Bill C-10, Safe Streets and Communities Act, have been shaped by consultation with a broad range of stakeholders. After five years of experience with the Youth Criminal Justice Act, a review was launched by the Minister of Justice in 2008. This began with discussions with provincial and territorial attorneys general to identify the issues that they considered most important.

In May 2008, the Minister of Justice began a series of cross-country round tables, often co-chaired by provincial and territorial ministers, in order to hear from youth justice professionals, front-line youth justice stakeholders and others about areas of concern and possible improvements regarding the provisions and principles of the Youth Criminal Justice Act.

Input from individuals and organizations was also provided through the Department of Justice website, in letters and in in-person meetings. The results showed clearly that most provinces, territories and stakeholders believe the current youth legislation works well in dealing with the majority of youth who commit crimes. However, there were concerns about the small number of youth who commit serious, violent offences or who are repeat offenders who may need a more focused approach to ensure the public is protected.

Clearly, the message was to build upon the good foundation of the law and make much needed improvements and the reforms proposed in Bill C-10 reflect this. Although the Youth Criminal Justice Act is working well for most youth, particular elements of the act need to be strengthened to ensure that youth who commit serious, violent or repeat offences are held accountable with sentences and other measures that are proportionate to the severity of the crime and the degree of the responsibility of the offender.

There have been concerns voiced from many sources and this government has responded. The reforms included in Bill C-10, previously included in Bill C-4, known as Sébastien's law, would enhance our fair and effective youth justice system and result in a system that holds youth accountable for their criminal misconduct and promotes their rehabilitation and re-integration into society in order to promote the protection of the public.

In addressing amendments to the Youth Criminal Justice Act, it is important to note that the act's preamble specifically references that Canada is a party to the United Nations Convention on the Rights of the Child. The Youth Criminal Justice Act also recognizes that young persons have rights and freedoms, including those stated in the charter and the Canadian Bill of Rights. Nothing in Bill C-10 will impair these rights of young persons.

The Youth Criminal Justice Act provides for a range of responses that relate to the seriousness of the crime. These sentences also address the needs and circumstances of the youth and promote rehabilitation.

Amendments to the Youth Criminal Justice Act will ensure that young people under 18 who are serving a custody sentence will serve it in a youth custody facility. It will no longer be possible to put young people in adult prisons or penitentiaries, where the correctional regime is more suited to adults and where young people could all too easily become vulnerable to older, more hardened criminals. It is in the interests of the protection of society that young people become rehabilitated, and this amendment is aimed to ensure that this takes place.

While a sound legislative base is an essential part of ensuring that Canada has a fair and effective youth justice system, it is also essential to address the conditions that underlie criminal behaviour if we are to achieve any long-term or meaningful solution to the problem. Conditions such as addiction, difficult childhoods, mental health, fetal alcohol syndrome, or longer-term marginalization will continue to pose challenges to solving the problems of youth offending.

Our government has implemented various programs to assist in addressing these issues. The national anti-drug strategy has a significant youth focus. On the prevention front, the government has launched a national public awareness program and campaign to discourage our youth from using illicit drugs. The government has made funding available under the youth justice fund for pilot treatment programs that will assist with the rehabilitation of youth who have drug problems and are in the justice system, and for programs that are working toward preventing youth from becoming involved with guns, gangs and drugs.

Partnering with health, education, employment and other service providers beyond the traditional system, we can all work together. For example, through the youth justice fund the Department of Justice provided funding to a pilot program called Career Path, which offers a comprehensive specialized service for youth in the justice system who are at risk or are involved in gang activities. The program offers youth educational training and employment opportunities by connecting them with an employer who will also act as a mentor to facilitate making smart choices, foster pro-social attitudes, build leadership skills and gain valuable employability skills as a viable option to gang membership.

The reforms to the Youth Criminal Justice Act are essential and responsive and should be supported as a key part of a broader effort on the part of the government to prevent and respond to youth involved in the justice system.

I would like to bring it a little closer to home, if I may.

This is the story of Ann Tavares, of London, who suffered a huge loss in November of 2004 when Stephan Lee stabbed her son 28 times. Steven Tavares was an innocent victim who was in the wrong place at the wrong time. His death irreparably scarred the lives of those who loved him forever. That loss is what happened.

To compound her tragedy, her son's killer was found not criminally responsible due to mental disorder and sent to an Alberta hospital the following year. He was conditionally released in May 2008 and is now living in Alberta. All of this happened without notification to the victim's family or the public at large.

Suffering such a loss might have destroyed an individual. However, this became an impetus for Ann's quest to make others aware of what happened to her son and the lack of justice for this heinous crime. She has lobbied tirelessly against the inequities of the system, a system the government is trying to fix.

Ann strongly felt that there needs to be a connection between mental illness and crime. Specifically, she felt that the insanity defence needs to be banned. She felt that to say a perpetrator is not criminally responsible is too subjective. Mental impairment is a defence that anyone can claim. If someone commits a crime, that person should be punished.

She believes mental illness should not absolve someone from the crime they committed. The punishment needs to be based on the severity of the crime, and a fixed minimum time needs to be served before they are put back into the community. However, Ann did want good to come of her tragic situation. In addition to the punishment, she felt that the perpetrator should get mental health treatment, and that to protect innocent victims like her son and the community at large, such criminals should not be released into the community until they have been certified as not a risk to others.

I would like to expand on that through the questions and answers, if I might, Madam Speaker.

[Charmaine Borg, NDP, Terrebonne—Blainville, QC]

Madam Speaker, I have a question for my colleague.

I met with workers from the Sainte-Anne-des-Plaines penitentiary, which is in my riding. They told me that sending more people to prison will make their jobs more difficult and more dangerous. I would like to know what my colleague has to say about how this bill would affect these workers. I would also like to know what the government is going to do for them.

[Ed Holder, Conservative, London West, ON]

Madam Speaker, I think my colleague's question is thoughtful and fair. At the same time, I think we need to always recall that this is about protecting the victims in society and I want to honour the guards and administrators in our system who are responsible for ensuring that those people who need to be kept away from the general public are in fact kept away. I think they do an excellent job in my colleague's riding and in all ridings across this country, and I would like to salute them, .

I would like to bring this a bit closer to home. I am very concerned about issues relating crime and the things we can do on behalf of youth. One of the things I do is a polling question every week. I send it to some 15,000 people as my question of the week. It is from people right across my community, but particularly in the great riding of London West. I would like to provide some responses in the hope they will give some clarity to why Bill C-10 is so important. I know we all care in this House, but this is critical.

When London West residents were asked if publishing the names of young offenders publicly after criminal conviction would hurt their chances of rehabilitation, 65% said it would not.

When my constituents were asked online if those convicted of sex-related crimes, including pedophilia, should be eligible to apply to have their criminal records pardoned, 95% responded “no”.

This was the final question: when I asked my constituents if opposition parties should support the Conservative government's efforts to limit the ability of serious criminals and sex offenders to obtain a pardon, 94% said “no”.

[Sean Casey, Liberal, Charlottetown, PE]

Madam Speaker, my question relates to the intended or unintended consequences on the budgets of provincial jurisdictions. My colleague would know full well that his government supports money for police and for prisons, but between police and prisons there is a system under stress. Much of that system under stress is paid for by the provinces. I am referring to the prosecutors and the places in provincial institutions, which are presently full. I realize that the bulk of his speech focused on youth criminal justice; this applies both to youth criminal justice and to adults.

I would ask for his comments on what measures are going to be put in place to allow the provinces to tackle this financial burden that is being downloaded to them as a result of this legislation.

[Ed Holder, Conservative, London West, ON]

Madam Speaker, I appreciate the question and I think the member will be very pleased with the answer.

He may not be aware, but I certainly want to let all colleagues in the House and all Canadians know that in this past year this government put $2.4 billion back into the system to ensure that we could provide the kind of protection and support that our provinces need. I am pleased to say we have done that.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I appreciate the comments from the member, but he made reference to one aspect of the bill. I think we need to recognize that the government is bringing forward a bill that is a series of bills that should have been bills on their own. As a result of doing that, the Conservatives have further complicated the matter by saying that we now have a limited amount of time to debate a bill that encompasses many other bills.

Would he not agree that what Conservatives are really doing is a disservice, and is disrespectful to the proceedings of the House in not allowing members to deal with bills on an individual basis? In essence--

[The Deputy Speaker, Denise Savoie]

Order, please.

I must give the hon. member 30 seconds to respond.

[Ed Holder, Conservative, London West, ON]

Madam Chair, it is rather interesting that when all these bills were put forward to this House, our colleagues opposite had the opportunity to support them on an individual basis and chose not to, so I find it very curious that now, when we try to pull it together as one comprehensive bill, the member takes a separate view.

My Cape Breton mom once said about politicians, “After it's all said and done, there's a lot more said than done”.

It is now going to stop.

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Madam Speaker, I am pleased to rise today to join the debate on Bill C-10, the safe streets and communities act. I have been very glad to see the vigorous debate that has taken place in this House over the past few days and, of course, over 79 hours of debate in the previous Parliament.

As we know, the safe streets and communities act is a piece of comprehensive legislation, a piece of comprehensive legislation that is made up of nine separate bills. I have heard my hon. colleagues from the opposition question the rationale of bundling this important piece of legislation together, so I would like to speak to that point.

Since taking office, our government has made no secret of the fact that we will stand up for the safety and security of Canadian families. We have been clear that we will ensure that victims are heard and that victims are respected. We have been clear that dangerous criminals belong behind bars and not in the streets, where they can harm law-abiding Canadians.

The safe streets and communities act, and every piece of legislation within it, is about fulfilling those commitments to Canadians.

This is not the first piece of comprehensive legislation that our government has introduced. We were proud to have delivered the Tackling Violent Crime Act back in 2008, an act that has now been law for some period of time.

Members will recall that the Tackling Violent Crime Act strengthened the Criminal Code in a number of ways. It delivered tougher mandatory jail time for serious gun crimes; it established new bail provisions, which require those accused of serious gun crimes to show why they should not be kept in jail while they are waiting for trial; it protected youth from adult sexual predators by increasing the age of protection from 14 to 16 years of age; and it ensured more effective sentencing and monitoring to prevent dangerous, high-risk offenders from offending again and again and again. It also made new ways to detect and investigate drug-impaired driving, as well as stronger penalties for impaired driving.

Much like the safe streets and communities act, all of the provisions had been pieces of previous legislation that had been blocked in political games by the oppositions prior to 2008. However, our party and our government believed so strongly in this action that we did what was in the best interests of Canadians: we bundled them into a comprehensive package known as the Tackling Violent Crime Act. On top of that, we made that act an issue of confidence in this House.

Now we find ourselves, after the May 2 general election, in a similar position with Bill C-10, the safe streets and communities act.

As we know, this past spring Canadians gave us a strong mandate to move forward with our law and order agenda. As part of the Conservative election platform, we made a commitment to move quickly to reintroduce legislation that had been blocked or opposed by the opposition.

It has always been a point of pride that this government delivers on the promises we make to Canadians. That is why we have done as we have promised and why we are here today debating the safe streets and communities act.

Now I would like to talk a bit about the principle of protection of society.

What exactly does that mean? In short, it means that when courts and government officials are making decisions, the first thing they would now consider is how those decisions would affect the greater society.

It may come as a surprise to many Canadians that when it comes to the transfer of offenders, the protection of society is not currently the principle of consideration. We are currently in a situation in which the Minister of Public Safety is compelled to look at a number of factors when considering whether a prisoner should be transferred back to Canada. In fact, currently, the minister is restricted in the considerations that can be taken into account when he is looking to transfer offenders.

Bill C-10 would change that. This bill provides additional factors that the Minister of Public Safety may consider when determining whether to grant an offender's request to serve his or her sentence back in Canada. In doing so, it clarifies one of the key purposes of the International Transfer of Offenders Act, which that is to protect the safety of all Canadians. This would ensure that Canadians and their families are safe and secure in their communities and that offenders are held accountable for their actions. Canadian families expect no less.

Let me give members a few additional examples of what the minister could consider when considering whether an offender should be transferred back to Canada.

As examples, he could consider whether the offender is likely to endanger public safety, he could consider whether the offender is going to keep engaging in criminal activities, and he could consider whether the criminal would endanger the safety of Canadian children.

This legislation would also allow the minister to consider, among other things, whether the offender was co-operating with rehabilitation and local law enforcement, and whether the offender accepted responsibility for his or her actions. This means that when a minister makes a decision as to whether an offender is transferred back to Canada, he or she has the ability to look at a broad range of factors that go beyond what is simply in the best interests of the offender to ensure that protection of Canadian society comes first.

These proposed changes to the International Transfer of Offenders Act are among important changes contained within the Safe Streets and Communities Act. Others include better protection for our children and youth from sexual predators, increasing penalties for organized drug crime, and preventing serious criminals from serving their sentences in the comfort of their own living rooms by ending house arrest for serious crimes. It also would protect the public from violent young offenders and would eliminate pardons for serious crimes. It would increase offender accountability. It would support the victims of crime and would protect vulnerable foreign nationals from abuse and exploitation.

These are all measures in which our government strongly believes. We promised Canadians we would bring them forward swiftly after the election. That is why we have introduced the Safe Streets and Communities Act. It is also why we are hopeful that members of the opposition will do the right thing and support this important legislation.

[Charmaine Borg, NDP, Terrebonne—Blainville, QC]

Mr. Speaker, the hon. member addressed the part of the bill that deals with the international transfer of prisoners. However, I know that the international community, particularly the United States, has spoken out against these measures since they give the minister too much power to determine whether a prisoner can be transferred. I would like the hon. member to comment on the international community's reaction in this regard.

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Mr. Speaker, we can always listen to people across the world who comment on the laws and legislation we pass here in Canada, but the member might have noticed today that Canada was selected as the top nation in the world. People have a positive feeling about our country.

We can listen to what people around the world say, or we can listen to the victims of crime in this country. That is whom our government listens to. We are going to stand and fight to protect the families of this country.

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, the United States Supreme Court has declared that overcrowding in United States prisons to the extent of 137% results in conditions within the prisons that are cruel and unusual punishment. The overcrowding rate in prisons in British Columbia is now at 200%. This legislation is going to pack provincial institutions to a greater degree. Undoubtedly there are going to be charter challenges.

What measures does the government plan to take to deal with overcrowding in provincial institutions as a result of bringing in this law?

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Mr. Speaker, it is important to remember that our government is investing in the expansion of federal prisons. We are also supporting our provinces with investments in their justice systems. No previous government in this country has done as much to invest and support the provinces in the area of justice as the Conservative Party of Canada has done.

We will continue to do that. We will continue to work with our provincial partners and ministers of justice across the country to make sure our communities and our people are safe.