This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.
Rob Nicholson Conservative
This bill has received Royal Assent and is now law.
This is from the published bill.
This enactment amends the Criminal Code to enable a person who owns or has lawful possession of property, or persons authorized by them, to arrest within a reasonable time a person whom they find committing a criminal offence on or in relation to that property. It also amends the Criminal Code to simplify the provisions relating to the defences of property and persons.
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.
Wayne Marston NDP Hamilton East—Stoney Creek, ON
Mr. Speaker, in speech after speech in the House today, there is a thread of concern about whether or not we are opening the door for more vigilante violence, or at least for an escalation in the type of violence used to try to detain people. From the standpoint of the courts, a law is often subjective as opposed to prescriptive as to what would happen.
Does the hon. member see shortcomings in this particular bill in that area?
Linda Duncan NDP Edmonton Strathcona, AB
Mr. Speaker, I had mentioned that the bill still contains very subjective language.
The particular provision that stood out to me relates a person who finds somebody committing a criminal offence. In the area of environmental law, we could actually file a complaint to the government if we believed on reasonable grounds that somebody was violating an environmental law. Simply filing a request to the government to investigate is a far less serious action than allowing people to intervene. I have some concern about whether people really understand what the boundaries are for what people can do to them and what they can do in response.
I think it would be very important to monitor the applications of this law, how people respond to it and what kind of cases come before the courts.
Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON
Mr. Speaker, as we move forward on the bill, it is again important to reiterate that part of the bill is an NDP initiative by the member for Trinity—Spadina, who brought forward David Chen's story.
I greatly appreciate the comments that the member for Edmonton—Strathcona put forward. I am sure she will be very glad to elaborate on the fact that this bill would not encourage people to out for vigilante purposes, nor will we see an increase of people being charged for protecting their rights. It is just to protect the rights of those people when circumstances like this happen.
Linda Duncan NDP Edmonton Strathcona, AB
We have heard from some of the members in the House, Mr. Speaker, particularly from those with ridings in large cities where there may be a variety of youth and people of different racial backgrounds. There may be some level of prejudice there. We have to take care that suspicions against certain groups of people do not go to the extent that people use vigilantism.
I would like to just share with the House an expression after the Trayvon Martin case: somebody in California has said they were shocked to learn a private citizen in Florida could essentially serve as cop, judge and jury and impose the death penalty on a fellow citizen. We have to be careful that we are not transferring over to our citizens the power of arrest and detention and the determination of whether somebody is committing a criminal offence.
Some hon. members
Question.
The Acting Speaker Bruce Stanton
The question is on the motion. Is it the pleasure of the House to adopt the motion?
Some hon. members
Agreed.