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 21st, 2011 / 5:55 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, for a number of years I was the justice critic in the province of Manitoba. When Ottawa makes changes and brings in legislation, quite often it has a profound impact in terms of the budgets at the local and provincial levels governments. That impact is fairly profound on this bill. We have had great difficulty in terms of trying to come to grips with just how much Bill C-10 will cost the taxpayers and how much money the provinces will have to come forward with in order to compensate the bill.

When I was the critic, I was always pretty gung-ho on wanting to prevent crimes from happening. That meant taking those scarce resources and trying to invest them so that little Johnny, as opposed to getting involved in a gang activity, would be involved in a school activity.

Does the parliamentary secretary have a sense of how much money this will cost the different types of jurisdictions, or can he take this as notice and provide us information on how much, for example, it would cost the province of Manitoba to implement Bill C-10?

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 5:55 p.m.
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Conservative

Robert Goguen Conservative Moncton—Riverview—Dieppe, NB

Mr. Speaker, I was elected on May 2 and I am not aware, of the hundreds and hundreds of pages that were tabled, of the cost of these systems. I know, in speaking to the hon. minister, that there has been much co-operation between the provinces and the federal government. In fact, many of these bills have been on the order paper and have been debated. The provinces have asked for them to be put in place because they also want their streets to be protected.

I am sure the provinces could perhaps provide a more detailed look at what the cost would be. It appears from their willingness to co-operate that they are more than willing to see these measures put in place so that they, like us, will stand up for Canadians and protect them.

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, one of the issues missing from this debate thus far is the issue of judges and their ability to make rulings and judgments. When mandatory sentencing is present, a lot of the discretionary power that judges have is taken out of their hands.

One of the reasons our justice system works as well as it does is because judges do have discretion. There will be many situations where we must remember that these are actual people appearing before judges and not pieces of paper or machines. Judges need to have that discretion.

Would the member like to make a comment about that issue?

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6 p.m.
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Conservative

Robert Goguen Conservative Moncton—Riverview—Dieppe, NB

Mr. Speaker, that is certainly a very relevant question, which was canvassed at length by the Canadian Bar Association and on which it focused.

However, in our role as parliamentarians, we fix maximum sentences, we fix minimum sentences and we give guidance to the courts as to what is appropriate and which crimes are determined to be more heinous than perhaps others. We dictate the severity.

I do not remember the exact year, but not long ago Parliament abolished the death penalty. That was our call as well. Yes, there is a spectrum, but it is Parliament's call to give the courts guidance on where the crime fits with respect to the question of severity.

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6 p.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, could the honourable member point the House, in any way, shape or form, to a scintilla of evidence that shows that minimum mandatories actually contribute to the reduction of crime or repetition of crime?

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6 p.m.
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Conservative

Robert Goguen Conservative Moncton—Riverview—Dieppe, NB

Mr. Speaker, it is very simple. Once one is in jail, one certainly does not commit crimes. That is the way in which our streets and our citizens are protected.

There are two types of dissuasion. There is general dissuasion and there is specific dissuasion. Specific dissuasion is particularly important upon repeat offenders. The sentence is upped, it is made more severe each step of the way and there is no vacation when criminals are in jail. They are not committing crimes or stealing cars.

From the point of view of general deterrence as it relates the question of the issue of the drug bill, we have people flying from Seattle because they would rather be caught in Canada for a drug-related offence because there is no sentence. People who deal with drugs in Canada will go to jail. The people of Canada have spoken on that and that is what we are standing up for. We walk the walk and talk the talk.

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, I would like to ask my hon. colleague about the logic he has presented in the House, that basically because young people are overlooked, there are no resources to diagnose or address mental illness, offenders go to jail and their mental illness is addressed there.

It seems to me that this is an argument for prevention and investing in resources, which has not happened in our country. The Conservative government has been as guilty as any government in terms of undermining any ability to address the problem of mental illness among Canadians and Canadian youth.

Perhaps the hon. member can square the circle for me and explain how building more jail and investing more in incarceration will help, while at the same time rehabilitation and efforts to help people with mental illness have been reduced over and over again.

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6 p.m.
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Conservative

Robert Goguen Conservative Moncton—Riverview—Dieppe, NB

Mr. Speaker, as I noted, oftentimes issues are identified at a very late stage and many of the entry points where issues of mental problems or perhaps difficulties in coherence are identified are in provincial areas such as schools, in social services and various ports of entry in provincial jurisdictions. Certainly there is work to be done between the federal government and the provincial jurisdictions to identify these issues early. I am sure that in the future we will be willing to work hand in hand with them.

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6:05 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I listened with interest to the parliamentary secretary's comments on deterrence.

Before I came to this chamber, I spent 20 years working in the area of criminal justice, where it is very well known that deterrence that actually works is based on the certainty and the swiftness of detection and prosecution.

Why does the government insist on trying to work at the other end of the system where deterrence does not work, rather than investing resources into prosecution and police officers on the street, which actually does have a deterrent effect?

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6:05 p.m.
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Conservative

Robert Goguen Conservative Moncton—Riverview—Dieppe, NB

Mr. Speaker, I do not have a perfect answer, but I do know that violent criminals who are in jail do not commit crimes against law-abiding citizens, and that is who we are standing up for.

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6:05 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, as I often like to do when we stand in the House and have a dialogue and debate among each other about issues of crime and safety in our country, I like to start with what I think is a bridging set of statements in which we all believe.

I think every member in the House believes in and wants to create policy that keeps our communities safe.

I think every member in the House, legitimately and sincerely, wants to ensure that we have a justice system that is efficient, effective and geared toward the goals that we all hope our justice system would be geared toward, which is to ensure that our justice system accomplishes the goals that it purports to have.

That goal would be twofold, when we combine effective public policy on crime and an effective justice system, and that is to adopt policies that prevent crime as much as we can from happening in the first place and once crime is committed, to do everything we can to ensure that the person committing the crime does not commit it again.

I had the honour of being our party's public safety critic in the last Parliament and spent a good part of almost two years examining, in detail, the situation in our corrections system. I had the distinct honour and privilege of touring some 26 federal correctional institutions and seeing first-hand the work that our correctional officials do every day in our prisons. It also gave me an eye-opening experience into the real situation that was occurring in our federal prisons. I would encourage all members of the House, as members of Parliament, to inspect our federal institutions and learn first-hand what is going on.

A provision in the Corrections and Conditional Release Act specifically gives MPs the untrammelled right to go into our federal institutions and inspect them. As legislators, that is a very important responsibility so we can be supervising, monitoring and inspecting our federal prisons.

I will tell the House what I have noticed in visiting those prisons from my point of view. The people who populate those prisons are, as has been said, among the most marginalized people in society, in general. It is true that there is a small segment of the prison population who are incorrigible, dangerous and violent people for whom we have very little option but to keep locked away from society. Nobody in the House would suggest that the Clifford Olsons and the Paul Bernardos of the world should safely ever be returned to the streets of our country and they should pay a price for the crimes they have committed by being incarcerated for the rest of their lives.

However, we cannot make policy based on that small percentage, because what I also saw was that 80% of the people who are in our federal prisons today, men and women, suffer from an addiction. This figure is widely accepted on all sides of the House. The public safety committee heard expert testimony after expert testimony from corrections officials, from wardens, from the John Howard Society, from the Elizabeth Fry Society, from all manner of people who all agreed with that figure, that 80% suffer from an addiction.

Another commonly accepted fact on all sides of the House is that there is a substantial number of men and women inside our institutions who suffer from mental illness. Leaving aside, the obvious point is addiction itself is a mental illness. Issues like fetal alcohol spectrum disorder, brain damage, low cognition and those with brain injuries also are disproportionately represented in our prison system.

That leads me to my first point. If we truly want to ensure that when those people come out of prison they do not recommit offences, then we need direct resources at the real problems they face.

It is true that well over 90% of people in our federal institutions will leave those institutions and come back into our communities. They will be walking down our streets, walking down our alleys, sitting beside us in restaurants, applying for jobs. They will be members of our communities.

It is only common sense. It is not only from a moral point of view but it is from a self-interested point of view for us to ensure we do everything possible when we make policy to improve the situations that cause them to commit their crimes in the first place. That is why the New Democratic Party is a consistent voice for putting resources into crime prevention and into resources that address and attack the fundamental causes of these people's criminogenic behaviour where we can do so.

What I see in Bill C-10 is an accumulation of ineffective policies to solve a diminishing problem that is inexorbitantly expensive. I do not see how that will make a noticeable dent in the problem that we have in this country.

At the public safety committee, we asked a person from the United States who is a member of an initiative called right on crime to appear before our committee to tell us about the experience in the United States. The person who came up was the appointee of Ronald Reagan as the original drug enforcement agency czar. He also was the chief architect of the tough on crime policy that has been pursued by the United States over the last two decades.

What he told us was remarkable. He told us that the policies of toughening up sentences and incarcerating more people in the United States by pursuing policies like mandatory minimums, lengthening sentences, taking away judge's discretion and reducing sentencing options for judges has resulted in poor outcomes. He said that it threatened to bankrupt the treasuries of every state in which these policies are being pursued and that it has made no noticeable dent in crime. So, after spending billions and billions of dollars and locking up hundreds of thousands of citizens, the net result was that they were nearing bankruptcy and the crime rate was unaffected.

I said to members opposite in the House at that time that they had the benefit of the justice department and public safety department and that they had access to our civil servants who can access research that one hopes is being done before legislation is being brought before the House. I asked them to tell me the name of one jurisdiction anywhere in the world, a state, a government or a province, where these policies that the government seeks to put into law have resulted in safer communities with lower crime rates.

The answer I received was that there were none. No country could be named. That is instructive. Before we embark on a policy that will cost the Canadian taxpayers billions and billions of dollars, it is instructive and responsible of us as legislators to do our homework and to at least have an even chance of accomplishing the goals that we seek the money to achieve.

Crime is not an issue that is restricted to Canada. Every society in the world is grappling with this, whether it is Europe, Asia, South America or Africa. Crime exists everywhere. This is not a unique situation. We have examples all over the world of different approaches to dealing with crime. We have very harsh approaches, like the current government seeks to take our country in, and we have examples of more lenient approaches.

Surely there is a wealth of information in this world that we can glean from and craft best policies to ensure we accomplish the goals that Canadians want us to accomplish, and that is to ensure we prevent crime as much as we can and to reduce the possibility that somebody will commit a crime a second time.

I want to talk a little bit about police officers because our party, the New Democrats, has been calling, through the last three elections, for the increase of 2,500 police officers in this country. We do believe in putting police officers on Canadian streets and using them properly.

In my view, that means putting them in our communities and having police officers on bikes. Putting them around high-crime areas like sky train stations in my city of Vancouver is an important way that we can improve community safety.

The Conservative Party promised to create 2,500 police officer positions in the 2008 election. I have met with police boards and police chiefs across this country and they all tell me the same thing, that only a fraction of those 2,500 police officer positions have been created. The reason is that the money the federal government promised to give jurisdictions to create those positions has been reduced from ongoing funding, to five-year funding, to three-year funding. Police chiefs have looked the Conservatives in the eyes and said that they are not creating a single position when they only have funding for only three years.

There is no funding for the civilian staff that each police officer position engenders. The money has been transferred to provinces with no strings attached. The provinces have received that money without any obligation to actually create police officer positions and, in some cases, that money or portions of it have disappeared into provincial treasuries' general revenue.

The Conservatives have not fulfilled their promise to Canadians to create those 2,500 police officer positions. I would encourage them to do so because they have unanimity on this side of the House to do that.

If we really want to improve our justice system and reduce crime on our streets, we need to add more prosecutors and judges in this country. Our courts are overburdened. There are cases kicked out of courts across this country every day for want of prosecution and delay. I see nothing in Bill C-10 that adds police officers, judges, prosecutors and nothing that addresses addiction, mental illness and crime prevention. Those are valid, fact-based criticisms of this bill.

I will talk about what I have also seen in our federal prison system. There was a program in our federal prisons called CORCAN which allowed inmates to learn skilled trades and engage in programs like making furniture. The furniture would then be sold to the federal government at reduced prices. It was a win-win situation. It gave underskilled inmates an opportunity to learn soft and hard skills, to learn the discipline of work, to learn skills that would allow them to survive on the outside and maybe have a better chance of escaping the criminal lifestyle. It also gave the federal government much needed equipment at a reduced price.

Do members know what has happened to the CORCAN program? It has been reduced. I am not saying that rhetorically. If people were to go to Kent Institution 90 kilometres outside of Vancouver, they could walk into the CORCAN rooms, which are three big rooms that look like industrial arts labs in junior and senior high schools, and all they will find are storage rooms. They are empty.

The government has closed prison farms. We have had big debates, and I do not intend to open that debate again, but there were prison farms operating at four or five institutions in this country that were absolute models of success. They gave offenders a chance to learn soft skills, to get up in the morning and show up for work. They had responsibilities. The arguments I heard in the House about the closing of the farms were absurd, like those people would never find work on a farm. That is not the point of prison farms. The point of prison farms is to teach skills of responsibility, of working together, of having to show up at the same time every day, working with animals, for hardened people to emotionally reconnect and consider the feelings of other people and learn responsibility. They were very effective programs and the government closed the farms.

This bill is titled “the safe streets and communities act”. I think it should more aptly be called “the overcrowded prisons, no crime prevention and overburden taxpayers with no results act”. That is just as accurate a title as any other.

I want to talk a little about some of the pieces of Bill C-10. Part of this practice of governing that the Conservative Party has proven a predilection for is to take a whole bunch of unrelated bills and throw them into one great big conglomeration before the House, which is a very imprecise and ineffective way to govern because we then need disentangle all of the pieces, some of which are good, some of which are bad. I want to focus on some of the pieces of this.

I want to talk about the international transfer of offenders provision of the bill.

For many years, Canada has had a provision whereby Canadians who are convicted abroad have the opportunity to apply to serve their sentence in Canada. This is not done just because they want to. The host jurisdiction must agree, Canada must agree and the offender must agree.

There are criteria and the criteria are that they must satisfy the Canadian authorities that they are not able to access proper rehabilitation services in the country of origin, sometimes because no English or French is spoken, sometimes because there is no rehabilitation programs and sometimes if there is particularly compelling humanitarian and compassionate grounds. We all remember the fellow who was convicted with Conrad Black, his compatriot, who successfully applied and came back to Canada.

There is another important reason that the bill is important for public safety. If a Canadian in the United States finishes his or her sentence, the second after that sentence is completed the individual is deported back to Canada. The individual comes into our country and we have no record of him or her coming and we have no probation and no parole. We do not even know that the individual is in our community.

If the person is actually transferred back to Canada, however, and serves his or her sentence in Canada, we have a record of the sentence and we often will have parole conditions so that when the individual is released from jail we can impose conditions and monitor his or her re-entry into Canadian society. It is actually better for public safety and community safety to have this program.

This bill essentially would gut that program. It would allow the minister to have virtually unparalleled discretion to refuse such a request without any real kind of review. That is not good legislation.

I want to talk briefly about the pardon system.

The New Democrats, not last June but the one before, worked with the government to toughen our pardon system. We are the ones who proposed that we give the National Parole Board the power to deny a pardon in any case in which the administration of justice would be brought into disrepute. We added the provision that someone convicted of manslaughter would be prohibited from obtaining a pardon for 10 years whereas it was 5 years before.

Those are the provisions that would prevent Karla Homolka from getting a pardon, which, under the Conservative government's watch, was going to happen unless we did something. The New Democrats worked with the government to ensure that did not happen.

The government has now come forward with further pardon provisions that are simply unjustifiable. It wants to deny the ability of anybody with more than three convictions from ever in their entire life qualifying for a pardon. We heard evidence before our public safety committee from people in that situation, people who had four convictions or ten. We heard from one who had 26 convictions, and it sounded really bad.

The person with 26 convictions had a constructive story. He was a young executive who was recently married and bought a house and his wife developed leukemia and died. He went into depression and he started selling steroids for six months. Over the course of those six months, he engaged in selling steroids over the Internet. When he was convicted, he pled guilty. For every one transaction involving the sale of steroids, he had multiple convictions: possession, trafficking and there were offences because he was selling across the border. He is now an executive with Corus media. He appeared before our committee as a bright, rehabilitated, productive member of our society. This is the kind of person who would be prevented from getting a pardon under this legislation.

The “three strikes and you're out” approach that has been prevalent in places like California are being repealed in those jurisdictions because they have found that it has put a straitjacket on their justice system. That is not effective and it does not result in better community safety. It is also expensive.

The New Democrats are opposed to this because we want to create effective, strong, rational, fact-based policy that will likely result in safer communities, which, as I said at the beginning of my speech, is the goal of everybody in the House.

I would urge the government to listen to what the experts say, listen to what people across the justice system have to say, and not pursue a blind, ideological approach because it may be good wedge policies, but to actually work together with all members of the House to craft good policy to make our communities and our country safer for everyone.

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6:25 p.m.
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Port Moody—Westwood—Port Coquitlam B.C.

Conservative

James Moore ConservativeMinister of Canadian Heritage and Official Languages

Mr. Speaker, the member for Vancouver Kingsway demonstrated again with his speech why I have such respect for him and the thoughtful way in which he presents his perspective on criminal justice reform, but I would encourage him to recognize that the approach our government has taken, both in the previous two Parliaments and again in this Parliament, is actually based on a great deal of consideration of the perspectives of provinces and of those who are not necessarily Conservative supporters and voters.

As a matter of fact, in the last Parliament, as the member knows, we eliminated the faint hope clause, we got rid of two-for-one sentencing for criminals, and we established mandatory minimum prison sentences for those who are sexually abusing our kids. We did these, by the way, with the support of the NDP government in Manitoba and, in British Columbia, as he knows, the then solicitor general critic for the NDP, Mike Farnworth, who is now the House leader for the NDP in British Columbia. These are radical right-wing people. Mike Farnworth, I think, would describe himself as a proud socialist, but he recognized the common sense of standing beside those who are victims of crime and not having a litany and a constant focus as a government on only those who are committing the crimes.

I entirely respect the approach that he recommends rhetorically, which is to have a balanced approach as a government, and we do. We have programs. A Chance to Choose is a phenomenal program in my riding that supports kids who are at risk of becoming career criminals, who are without any kind of structure in their lives. We support those kinds of programs. However, we also believe in making sure that the common-sense approaches to ensuring that we are tough on crime are in fact a part of the government's agenda. That is what this legislation is about.

By the way, Canadians are with us. It is why we have a majority. It is to pass this legislation and to get it done, and we are going to do it.

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6:25 p.m.
See context

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I respect the thoughtful intervention by my hon. colleague from British Columbia, but I am not sure whether there was a question. I suppose it just reflects a different philosophy of how best to achieve those safe communities that we all want.

For instance, I understand why the Conservatives would have criticized the faint hope clause. They would want someone who has committed murder to serve the full sentence. In general, I agree with that. The reason I supported the faint hope clause is that, as a lawyer myself, I know that a cookie-cutter approach to justice does not work. Often one case with a unique set of circumstances comes up where someone could demonstrate that he or she has earned the right to come back into society. We want there to be that carrot-on-a-stick approach. We want people to have that incentive. Corrections officers have told me it is a good tool for maintaining co-operation and good behaviour in jail when people think that if they behave properly they may have a chance of getting some sort of benefit from it.

These are some of the tough considerations that go into these difficult issues, and I appreciate that they are different perspectives on this matter.

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 6:30 p.m.
See context

Conservative

The Acting Speaker Conservative Bruce Stanton

The member for Vancouver Kingsway will have seven minutes remaining in the period for questions and comments when the House next considers this matter.