Not Criminally Responsible Reform Act

An Act to amend the Criminal Code and the National Defence Act (mental disorder)

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

Sponsor

Rob Nicholson  Conservative

Status

Second reading (Senate), as of June 18, 2013
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the mental disorder regime in the Criminal Code and the National Defence Act to specify that the paramount consideration in the decision-making process is the safety of the public and to create a scheme for finding that certain persons who have been found not criminally responsible on account of mental disorder are high-risk accused. It also enhances the involvement of victims in the regime and makes procedural and technical amendments.

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

June 18, 2013 Passed That, in relation to Bill C-54, An Act to amend the Criminal Code and the National Defence Act (mental disorder), not more than five further hours shall be allotted to the consideration of the third reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration of the 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 said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
May 28, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.
May 27, 2013 Passed That, in relation to Bill C-54, An Act to amend the Criminal Code and the National Defence Act (mental disorder), not more than five further hours shall be allotted to the consideration at second reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration of the 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.

Third ReadingNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / midnight


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The Acting Speaker Bruce Stanton

The hon. member for Rimouski-Neigette—Témiscouata—Les Basques will have three and a half minutes for questions and comments when the House resumes debate on the motion.

It being midnight, pursuant to an order made on Wednesday, May 22, the House stands adjourned until tomorrow at 10 a.m., pursuant to Standing Order 24(1).

(The House adjourned at midnight.)

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:45 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

That, in relation to C-54, An Act to amend the Criminal Code and the National Defence Act (mental disorder), not more than five further hours shall be allotted to the consideration of the third reading stage of the Bill; and

That, at the expiry of the five hours provided for the consideration of the 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 said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:45 p.m.


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The Speaker Andrew Scheer

Order. There will now be a 30-minute question period. The hon. member for Skeena—Bulkley Valley.

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:45 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, people say hitting 50 is not easy. It can be hard on a person, realizing that shutting down debate 50 times in the House of Commons is breaking all previous records by any government, and there have been some bad governments.

I am sure my Conservative colleagues would agree that there have been some awful Liberal and Conservative governments, but this one is beating them all. Even on bills that we in the official opposition agree on and even on bills that we should have some discussion about, the government feels inclined to abuse its power as a majority government, something the Conservatives said, when they were in opposition, was wrong and anti-democratic.

I remember the Minister of Canadian Heritage and Official Languages, the Minister of Foreign Affairs, the Leader of the Government in the House of Commons and the Prime Minister saying that for a majority government to abuse its power by shutting down debate like this was wrong. These guys took lessons from those bad governments and made it so much worse.

Shutting down debate 50 times is not something that the Conservatives should be celebrating. On something as important as justice issues, the government wants to shut down debate even before the discussion has begun. How can the minister possibly expect, after so many experiences with his government writing bad law that gets challenged at the Supreme Court, that he is justified here again today in shutting down debate in the House of Commons? I am not the one saying it is bad law; it is our Supreme Court justices who are striking down his laws, which is very costly to Canadians and bad for justice.

Let us just have the conversation. Let us get justice right. Let us make the system work for Canadians and not have some draconian ideology shutting down conversations and shutting down our democracy.

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:45 p.m.


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Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, in the first part of his remarks, the member said there was something we could agree on. I want the House to know that as a student of Canadian history, I am very familiar with the governments that have governed this country, and there have been no bad Conservative governments in the history of this country—none.

If the member wants me to table evidence or information with respect to that statement, we could go right back to Sir John A. Macdonald and the founding of this country. We could go back to Mr. Mulroney, John Diefenbaker, R.B. Bennett, Arthur Meighen and Sir Robert L. Borden. They did a great job.

The hon. member—

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:45 p.m.


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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, on a point of order, I remember Brian Mulroney not paying his taxes on $250,000, and he was the Prime Minister of this country.

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:45 p.m.


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Some hon. members

Oh, oh!

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:45 p.m.


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The Deputy Speaker

Order. That was not a real point of order.

The hon. Minister of Justice.

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:45 p.m.


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Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I would like to spend the whole 30 minutes talking about great Canadians like Brian Mulroney and other great Canadians, but 30 minutes would not be nearly enough to talk about the accomplishments of Conservative prime ministers in this country. It would not even come close to what we would need.

That said, I am pleased that we are moving forward on this Bill C-54 that concerns not criminally responsible individuals. I think, and everybody should agree, that having five hours of debate can be very helpful. This bill has been in the works for quite some time. It has been before committee and it was here for second reading.

Again, I hope nobody over there is offended that protection of the public will be the paramount consideration. It seems to me that protection of the public should have the support of everyone. I look forward to this debate.

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:50 p.m.


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Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, the Conservatives are putting forward closure for the 50th time, but there is reason to celebrate. We saw the money that the Conservatives spent on 1812, and I think celebrating this is at least worthy of the same type of budget.

The Montreal Canadiens have won 25 Stanley Cups and have pennants hanging from the ceiling. The New York Yankees have 40 World Series championships, and pennants hang from their rafters. Are the Conservatives contemplating action plan signs hanging from the roof of the chamber? They should take a great deal of pride in their abuse of the democratic process in this House.

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:50 p.m.


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Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, this party, I think, invented the democratic process and certainly adapted it here in Canada, so we have so much to be proud of.

I would say to the hon. member that I appreciate that those members always just want to talk about procedure, but I would ask them to sometimes, on these justice bills, look at the substance. It is standing up for victims and protecting the public. They should think about that. Let us talk about that.

Again, I am probably talking to deaf ears when I talk to members of the Liberal Party. Procedure is all they want to talk about. They never want to get into protecting victims and standing up for the public interest of this country. That is what we are all about on this side.

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:50 p.m.


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The Deputy Speaker

On a point of order, the member for Saanich—Gulf Islands.

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:50 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I apologize to the hon. Minister of Justice for interrupting. However, when we are on a motion, which by its terms requires us to speak to procedure on time allocation, I do wish the Minister of Justice would stick to the relevance and not accuse those of us in opposition for being irrelevant when we speak to the point at hand, which is time allocation, a matter of procedure.

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:50 p.m.


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The Deputy Speaker

I, and other members of this chair, have said repeatedly that the relevancy of debate is both with regard to the procedural motion this is before the House and the piece of legislation that is before the House. Comments with regard to either of those are proper and relevant to the discussion.

The hon. member for Chambly—Borduas.

Bill C-54—Time Allocation MotionNot Criminally Responsible Reform ActGovernment Orders

June 18th, 2013 / 4:50 p.m.


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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, in my opinion, if Canadians thought that the Mulroney government was so extraordinary, they would not have reduced it to a two-member caucus at the next election.

The fact remains that the minister is doing what his colleague, the Minister of Heritage, did with Bill C-49. He claims that he is mulling over the issue and that he has been working on the bill for some time. However, he should make the distinction between his work, the work he does behind the scenes, and the business of Parliament. I think that they are three separate things.

Members heard the same thing from the Minister of Canadian Heritage when he claimed that the matter has been a topic of discussion for the past eight months. Perhaps he has been discussing the issue for the past eight months, but members of the House, duly elected by Canadians, have not had the same opportunity. We support the bill being debated in the House. However, as members, we are nevertheless very pleased to be able to have an opportunity to speak.

I think that the minister should make the distinction. Moreover, he should stop saying that the simple act of debating the issue automatically means that victims’ rights are not being respected. In my opinion, that is a disrespectful case to be making, both to colleagues in the House and to me.