Victims Bill of Rights Act

An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Peter MacKay  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment enacts the Canadian Victims Bill of Rights, which specifies that victims of crime have the following rights:
(a) the right to information about the criminal justice system, the programs and services that are available to victims of crime and the complaint procedures that are available to them when their rights have been infringed or denied;
(b) the right to information about the status of the investigation and the criminal proceedings, as well as information about reviews while the offender is subject to the corrections process, or about hearings after the accused is found not criminally responsible on account of mental disorder or unfit to stand trial, and information about the decisions made at those reviews and hearings;
(c) the right to have their security and privacy considered by the appropriate authorities in the criminal justice system;
(d) the right to protection from intimidation and retaliation;
(e) the right to request testimonial aids;
(f) the right to convey their views about decisions to be made by authorities in the criminal justice system that affect the victim’s rights under this Act and to have those views considered;
(g) the right to present a victim impact statement and to have it considered;
(h) the right to have the courts consider making, in all cases, a restitution order against the offender; and
(i) the right to have a restitution order entered as a civil court judgment that is enforceable against the offender if the amount owing under the restitution order is not paid.
The Canadian Victims Bill of Rights also specifies
(a) the periods during which the rights apply;
(b) the individuals who may exercise the rights;
(c) the complaint mechanism for victims and the requirements for federal departments to create complaint mechanisms; and
(d) how the Canadian Victims Bill of Rights is to be interpreted.
This enactment amends the Criminal Code to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) protect the privacy and security interests of complainants and witnesses in proceedings involving certain sexual offences and ensure that they are informed of their right to be represented by legal counsel;
(c) broaden the conduct to which the offence of intimidation of justice system participants applies;
(d) expand the list of factors that a court may take into consideration when determining whether an exclusion order is in the interest of the proper administration of justice;
(e) make testimonial aids more accessible to vulnerable witnesses;
(f) enable witnesses to testify using a pseudonym in appropriate cases;
(g) make publication bans for victims under the age of 18 mandatory on application;
(h) provide that an order for judicial interim release must indicate that the safety and security of every victim was taken into consideration;
(i) require the court to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor in certain circumstances;
(j) add victim impact statement forms to assist victims to convey their views at sentencing proceedings and at hearings held by Review Boards;
(k) provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective;
(l) clarify the provisions relating to victim impact statements;
(m) allow for community impact statements to be considered for all offences;
(n) provide that victims may request a copy of a judicial interim release order, probation order or a conditional sentence order;
(o) specify that the victim surcharge must be paid within the reasonable time established by the lieutenant governor of the province in which it is imposed;
(p) provide a form for requesting a restitution order; and
(q) provide that courts must consider the making of a restitution order in all cases, and that, in multiple victim cases, a restitution order may specify the amounts owed to each victim and designate the priority of payment among the victims.
The enactment amends the Canada Evidence Act to provide that no person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused. It also amends that Act to add a new subsection to govern the questioning of witnesses over the age of 14 years in certain circumstances.
This enactment amends the Corrections and Conditional Release Act to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) permit victims to have access to information about the offender’s progress in relation to the offender’s correctional plan;
(c) permit victims to be shown a current photograph of the offender at the time of the offender’s conditional release or the expiration of the offender’s sentence;
(d) permit the disclosure of information to victims concerning an offender’s deportation before the expiration of the offender’s sentence;
(e) permit the disclosure to victims of an offender’s release date, destination and conditions of release, unless the disclosure would have a negative impact on public safety;
(f) allow victims to designate a representative to receive information under the Act and to waive their right to information under the Act;
(g) require that the Correctional Service of Canada inform victims about its victim-offender mediation services;
(h) permit victims who do not attend a parole hearing to listen to an audio recording of the hearing;
(i) provide for the provision to victims of decisions of the Parole Board of Canada regarding the offender; and
(j) require, when victims have provided a statement describing the harm, property damage or loss suffered by them as the result of the commission of an offence, that the Parole Board of Canada impose victim non-contact or geographic restrictions as conditions of release, where reasonable and necessary, to protect the victims in relation to an offender who is the subject of a long-term supervision order.

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

Feb. 23, 2015 Passed That the Bill be now read a third time and do pass.
Feb. 4, 2015 Passed That Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Feb. 4, 2015 Passed That, in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain 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.
June 18, 2014 Passed That, in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the 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.

Victims Bill of RightsGovernment Orders

May 27th, 2014 / 11 p.m.


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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I thank my colleagues for their warm welcome.

I must first point out that I will be sharing my time on Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, with the member representing the good citizens of Hull—Aylmer.

I would like to mention that we will be supporting the bill at second reading stage because, as we have said a number of times and as we repeat every day, the NDP is a strong advocate for victims' rights. We will continue to support them and defend them in the House. I am certain that the government is also showing good faith in all of this with this long-overdue bill of rights.

I had heard about the bill of rights in the past. A number of groups in Sherbrooke had talked to me about it even before the bill was introduced. The Conservative government had been promising this Canadian victims bill of rights since 2006. Stakeholders and experts had already expressed a number of concerns.

My colleague from Pontiac mentioned a little earlier that the provinces also have an important role to play in this discussion. In fact, they are responsible for the administration of justice. They must be consulted as much as possible and their views must be considered in the process leading up to the drafting of such a bill. Perhaps that is why it took eight years. I hope not, because if it really were a Conservative priority, the bill would have been brought forward well before 2014 because they have been promising this bill of rights since 2006.

We have to admit that this bill of rights is nonetheless a step in the right direction because it will give victims of crime certain rights. They really should have these rights because, no matter the crime, it will haunt them for the rest of their lives. Regardless of the sentence handed out to the wrongdoer, victims of crime will remember the event, which will stay with them and affect them perhaps for the rest of their lives.

This bill focuses specifically on victims' rights in relation to the legal system and legal proceedings. That is good. It talks about broadening the definition of the word “victim”. It also talks about amending the Corrections and Conditional Release Act to give victims the right to see a photograph of the offender. It would also give victims a lot more information once the offender is released, as well as more information during parole hearings. Victims are given a lot of rights, and that is a very good thing because they deserve to have that information. The bill is generally positive despite the flaws I will talk about shortly.

It is important to give victims these rights within the legal process, but it is also important to support them for the rest of their lives when they experience problems because of these crimes. It is so important for the government to support these people who did not choose to be victims.

The government needs to do more. This bill of rights is a good thing, but it is not the solution to all of the problems. The government has to work even harder to support victims of crime, who have to live with that crime for the rest of their lives.

I cannot give a speech about victims of crime without talking about preventing crime too. Crime prevention is the best possible solution. The government has to do much more to prevent people from committing crimes.

The best way to help victims is to prevent them from becoming victims. I think we can all agree that one of the best ways to help them is to prevent crime. The Conservatives are much more about punishment, so they introduce new punitive measures. Those are necessary, because we will never completely eradicate crime. It is practically impossible. Still, the government should introduce measures to prevent crime in the first place. That is an important solution. That was a digression.

There are many worthwhile things as well as many flaws in this bill, as I mentioned earlier. Among those flaws is a lack of funding for this bill of rights. Promises and fine speeches abound. The minister sends out multiple press releases and gets a lot of political mileage, so to speak, from this bill. However, there still is no funding, despite promises from the Prime Minister himself, as my colleague from Alfred-Pellan pointed out. No one has seen that money yet. We hope it will be part of the next budget. There may even be supplementary estimates. Who knows? Only the government can say. We hope that the promised funding will show up eventually, so that the bill of rights can go beyond mere words and have some clout once it is passed by Parliament. This bill of rights must be more than well-meaning, empty promises. Victims want the rights set out in the bill of rights, and they must be able to exercise these rights.

Earlier, the Minister of Public Safety and Emergency Preparedness said that the provinces have many programs available. The entire problem cannot be shifted to the provinces, even though the Conservatives have a habit of doing just that. The government needs to shoulder its responsibilities as well and help victims directly.

Many people have commented on the Conservatives' bill. Not all of the comments were positive. Mr. Sullivan, the first federal ombudsman for victims of crime, had nothing but good things to say about the bill.

He thinks it is a good bill. However, he feels that the biggest problem is that the Minister of Justice promised the bill would put victims at the heart of the justice system, and it falls very short of that.

He is also unhappy about the fact that the government made promises about the charter but, in the end, nothing come of them.

He also stated that the charter is somewhat positive but that it basically just codifies what is already happening within the justice system. The practices are already in place, but now they will be codified. They are already being followed in different provinces. Mr. Sullivan added that all this really does is bring it in line with provincial laws.

The government promised something totally new but, ultimately, this looks a lot like what is already happening in the provinces. It is positive, but it is not what we were expecting. The government did not keep its promises. It has been talking about this since 2006.

Finally, it is here and let us just say that the more we learn about the bill, the more disappointed we get.

The House resumed consideration of the motion that Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, be read the second time and referred to a committee.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:55 p.m.


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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I thank my colleague from Portneuf—Jacques-Cartier for her speech, which, as usual, came from the heart. I know that victims rights are extremely important to my colleague, as they are to all my NDP colleagues.

A number of questions remain unanswered when it comes to the Conservative government's intention to provide funding for the Canadian victims bill of rights. The lack of consultation with the provinces and territories is a recurring theme for the government across the way and we are seeing that again here, unfortunately, with Bill C-32.

I did a bit of research and found that the provinces already have some provisions, programs, and charters. For example, the Province of Ontario has had its own Victims Bill of Rights since 1995.

What does my colleague think of the Conservative government's lack of consultation? Is there overlap with the provinces and territories?

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:45 p.m.


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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I am delighted to join my colleagues in tonight's debate on Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts.

I would first like to thank my colleague from Gaspésie—Îles-de-la-Madeleine for his eloquent speech. He has already highlighted many issues that are important to the NDP.

I feel compelled to repeat something he said right off the bat, namely that, in our opinion, support for victims is essential. It is a fundamental issue for the NDP. Some Conservative members have tried to suggest otherwise, simply because our vision of support for victims of crime in Canada is slightly different from their own.

It is important that we put the focus back where it belongs, namely victims' rights, period. That is the priority. We have been hearing about a Canadian victims bill of rights for ages now. In fact, it has been eight years. The Conservatives first mentioned the idea during the 2006 election campaign. We have been waiting since then. Indeed, many press conferences and photo ops have come and gone—methods to which we have become accustomed, as the Conservatives have relied on them in many other files, like the F-35s, to name but one.

We had to wait until today for them to introduce a bill which, at first glance, seems to respond to many of the needs expressed by victims. However, when we dig a bit deeper we can see that there are still some flaws in the bill that was introduced.

We believe that this is an important issue. That is why we will support the bill at second reading and ensure that it gets sent to committee so that we can make the necessary improvements to it.

Numerous experts, families of victims and victims themselves have publicly shared their opinion on the bill. There is a sense of satisfaction about the fact that progress is slowly being made. However, there are still some elements that need to be amended.

The bill, as it stands, would codify federal rights for victims of crime—namely, the right to information, protection, participation and restitution—and it would amend the Criminal Code, the Corrections and Conditional Release Act and the Canada Evidence Act in order to incorporate those rights.

The key changes that are part of the bill before us today would expand the definition of “victim” to include physical or emotional harm, property damage or economic loss. It would also clarify the fact that a victim's spouse may testify if the victim is deceased or incapable of acting on their own behalf, as long as the couple has been in a conjugal relationship for more than a year.

The bill would also amend the Corrections and Conditional Release Act to give victims the right to view a photo of and certain information about the offender at the time of release and to obtain more details about the release date and conditions, and various other things like that.

At first glance, as I said earlier, it sounds pretty good. Unfortunately, with the Conservatives, the devil is often in the details. To be quite honest, I am very interested to see what will happen in committee. The government has not toned down its rhetoric: victims first, and tough on crime. We hear the words but, unfortunately, they are rarely followed by action.

I have been a member of the Standing Committee on National Defence for a few months now. During today's meeting, we looked at sexual abuse within the Canadian Armed Forces. Where was the Minister of National Defence? He was not there. When the article in L'actualité was published, he issued a public statement in which he expressed his anger and surprise even though the government has known for years, at least since 1998, perhaps before, that sexual misconduct occurs within the Canadian Forces. Unfortunately, the victims of these acts are all too often women, who are already under-represented within the armed forces.

The current framework for filing a complaint and getting support is far from adequate. Even so, the government has shown no leadership on this issue. A Canadian victims bill of rights is all well and good, but it is not enough. These men and women, who are ready to risk their lives for Canada and to defend our cherished values around the world and who experience sexual misconduct within the Canadian Armed Forces, are completely abandoned by the government.

It has washed its hands of the whole thing and is trying to blame the Canadian Armed Forces themselves. I think it is completely hypocritical of the government to say it will do anything to protect victims' rights, no matter who they are or where they are, then turn around and just ignore a situation that is resulting in an untold number of victims. Apparently five individuals in the Canadian Armed Forces become victims of sexual misconduct every day. That is a huge number, but the current government is not showing any leadership.

I appreciate the initiative to introduce a Canadian victims bill of rights, but the government needs to go beyond words and rhetoric. We need a really effective charter that will guarantee that people can exercise their due rights once they become victims of crime.

I hope that the government will go beyond photo ops and rhetoric. A little earlier, my colleague from Gaspésie—Îles-de-la-Madeleine mentioned a major problem with the bill, and that is the fact that no financial resources have been allocated in order to implement it. All of the responsibility for guaranteeing these rights is being put on the provinces and territories. Once again, the government is shirking its responsibilities. The Conservatives talk about a great principle that is important to them. That is all well and good, but it will be up to someone else to deal with that responsibility and take care of victims.

I hope that this major problem will be dealt with in committee. Earlier, my colleague from Alfred-Pellan asked the member for Gaspésie—Îles-de-la-Madeleine a question. She clearly indicated that the federal government had already promised funding, first to implement the Canadian victims bill of rights and then to compensate victims of crime. However, there is still no money being allocated. Were these just empty promises made by the government? I hope not.

The Conservatives are always saying that we need to be tough on crime and make life harder for offenders who are in prison. However, they are not prepared to take this initiative all the way. I find that disappointing.

The Canadian victims bill of rights responds to certain requests made by victims and victims groups. However, there is nothing in the bill of rights that allows for the creation of legal obligations for people working within the justice system. The bill contains a potential mechanism for filing complaints with federal departments, agencies and organizations that play a role in the justice system when victims' rights have been violated. However, once again, there is very little information about this mechanism. That is rather troubling. If the government is going to propose such measures, then it has to support them and make sure they have a tangible impact, which does not seem to be the case right now.

Despite the problems we have raised, it is important to the NDP to ensure that victims of crime across the country are guaranteed certain rights and that they have a more effective voice in the justice system, which is not currently the case.

I am under the impression that the Conservative government is trying to score political points at the expense of victims. I hope that the government will prove me wrong with the work that is done in committee.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:40 p.m.


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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I would like to thank my colleague from Gaspésie—Îles-de-la-Madeleine for raising some extremely important points about Bill C-32 in his speech.

I completely agree with him that it was about time that a bill was introduced and debated. For years the Conservative government promised a victims bill of rights.

In his speech, he mentioned the fact that no funding has been allocated for the Canadian victims bill of rights. I did some research on that. On the Prime Minister's website, there is mention of the right to restitution under the Canadian victims bill of rights:

The Government will provide dedicated funding to support the implementation of the Canadian victims bill of rights through existing resources as well as the allocation of new federal resources.

Unfortunately, the resources have not yet materialized.

What does my colleague think of the fact that the Prime Minister promised to make funds available from new and existing resources, but, once again, we have yet to see the money?

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:25 p.m.


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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I would like to ask a question of my colleague, who seems to be deeply committed to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts. I have a number of questions I would like to ask him about the bill, but I will keep it to one brief and specific question.

Could he give the House an explanation for the delay between the time the promise was made to draft a victims bill of rights and the time the bill was actually introduced? If memory serves, the promise was made in 2006 during the election when the Conservatives managed to take power. Why did they wait so long before introducing Bill C-32, which we are discussing today? What was the reason for that delay?

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:15 p.m.


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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, I thank my colleague the member for Mississauga—Erindale for his contribution this evening and for sharing his time with me.

I am pleased to participate in the second reading debate on Bill C-32, the victims bill of rights act. Today I will focus my remarks on the proposed remedies provisions of the Canadian victims bill of rights.

The Canadian victims bill of rights is aimed at ensuring that victims are treated with dignity and respect during the various stages of the criminal justice process and that their voices are, in fact, heard.

Criminal justice professionals play a crucial role in the delivery of an effective criminal justice system. They do their jobs very well, often under very difficult circumstances, including dealing with victims with compassion and respect, but it does happen—and this is what victims told us—that they can feel that their rights have been breached or that they have been treated inappropriately. The Canadian victims bill of rights would ensure that there is a way to right a wrong when it happens.

The Minister of Justice consulted with victims and other stakeholders across the country from April to October 2013. Significant input was received, including in terms of options for a complaint resolution process. The Canadian victims bill of rights proposes a complete resolution process that is based on the principle that the particular agency responsible for the breach should be the first to receive the complaint. Subsection 25(1) of the bill makes this very clear.

Section 25 would also require all federal institutions involved in the criminal justice process to have mechanisms in place to receive complaints, to make recommendations for addressing any violations of rights, and to inform victims of the results of a complaint. This would include, for example, the Royal Canadian Mounted Police, the Public Prosecution Service of Canada, and the Correctional Service of Canada.

Similar mechanisms are also in place in agencies that are under provincial and municipal responsibility, such as the provincial Crown prosecution services and municipal police forces.

This approach has many benefits. It would help foster the sort of remedial responses that victims have indicated would be meaningful to them. During consultations with stakeholders and victims groups, many suggested that in response to a breach of a victim's rights, the agency responsible should issue an apology directly to the victim for the misconduct. They also indicated that the agency responsible should fix the problem so that it does not happen again to another victim.

In other words, victims want remedies to include positive, responsive steps to change the culture or practices within an organization. They want remedies to be forward-looking and to address problems that have been detected. They want to spare other families from having to endure the same kind of mistreatment in the future.

Victims are best served by sharing their concerns directly with the agencies that are tasked with protecting them and by encouraging those agencies to see that every effort must be made to ensure that victims, as an integral part of the criminal justice process, are treated with the courtesy, compassion, and respect they deserve throughout every step of the process.

Apologies and improved practices are key elements that each criminal justice agency must consider directly as part of their responsibilities toward victims and toward Canadians more generally.

This approach would also have the benefit that criminal justice agencies would treat remedies for a breach of victims rights as part and parcel of their overarching obligations. It would also help keep costs manageable, as every such agency would already have in place a process for receiving complaints.

It is entirely possible that victims who made a complaint about the conduct of police, a prosecutor, or a correctional institution might not be satisfied with the response they received. Victims would, therefore, also be able to take their complaint to an authority that has jurisdiction over the agency that breached the right. Whether the agency is under federal or provincial authority, there are supervisory organizations that can take a fresh look at that complaint.

In the case of a breach by a federal agency, if a complaint is not resolved to the satisfaction of the victim, the Federal Ombudsman for Victims of Crime would assist victims with complaints and work informally with relevant federal agencies to address the breach and improve practices for dealing with victims of crime.

In regard to an allegation of infringement by a provincial or municipal agency, the bill respects the split constitutional jurisdiction and proposes that the applicable remedy is the remedy set out in the provincial law, policies, or practices. Provincially, remedial options may include ombudsmen for the province, specialized victims offices, or designated police oversight bodies, for instance.

The victims bill of rights is the result of a balanced approach. Under the bill, victims of crime would not have standing to make complaints about breaches of their rights in court within the context of criminal proceedings against the accused. It is important to ensure that criminal trials are not sidetracked to deal with government agencies that allegedly have infringed the rights of victims. The criminal trial process must stay focused on determining the guilt or innocence of the person accused of a crime. State mistreatment of crime victims must be appropriately dealt with in its own right through separate processes.

I hope that all members of the House will join me in supporting this bill. We have heard tonight from a number of members on all sides of the House who support the bill and intend to vote in its favour. It would give victims a strong voice in the criminal justice system through the creation of rights for victims of crime and a strong remedial scheme to address breaches of those rights.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:05 p.m.


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Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, I will be splitting my time with my hon. colleague, the hon. member for Don Valley West.

Every so often, members of Parliament see a bill that says to them, “This is why I was elected to Parliament. This is why I came to Ottawa on behalf of my constituents”. For me, the victims bill of rights act is one of those bills.

Victims have been calling for these protections and these rights for years. For far too long, our justice system has focused on the rights of the accused and ignored the victims. Their loved ones have been murdered, they have been assaulted and harassed, and their homes have been broken into, yet the justice system often just treats them like just another witness.

I am very pleased to speak on this important bill, which would enshrine certain rights for victims of crime into federal legislation. In so doing, it is expected that the reforms would significantly improve the way our criminal justice system responds to victims, while at the same time recognizing the important role that they can and should play in the criminal justice system.

In the brief time available to me, I would like to focus on the general provisions and definitions and the primacy clause included in this bill.

The first thing to note is that bill proposes a definition of “victim” that recognizes the physical and emotional harms suffered as the result of the commission or alleged commission of an offence. It also recognizes that crime results in property damage and economic loss to victims. This definition would further inform the proposed changes to the definition of victim in the Criminal Code and the Corrections and Conditional Release Act. I support this broad definition, as it accurately reflects the realities of victims of crime.

This bill, and the rights contained therein, would apply to victims of all offences under the Criminal Code, the Youth Criminal Justice Act, and the Crimes Against Humanity and War Crimes Act, as well as to several offences in the Controlled Drugs and Substances Act, and criminal offences in the Immigration and Refugee Protection Act.

In unfortunate cases where the victim is deceased or incapable of exercising his or her rights, another person would be able to act on his or her behalf. For example, in cases where the victims are children or have suffered so much trauma that they are incapable of exercising their rights, someone such as a parent or a spouse would be able to speak for them and ensure that the victim's voice is not lost.

Every victim deserves to have an effective voice and to be heard. The bill would put these rights on paper and entrench them within the law.

However, this bill would not allow for the accused or an offender, including those persons found not criminally responsible on account of mental disorder or those who are unfit to stand trial, to be considered a victim in the offence in question, or to act on behalf of a victim. This is an important safeguard against the potential misuse of this bill.

The rights proposed in this bill would apply to victims involved in the Canadian criminal justice system. This means that tourists, temporary and permanent residents, and Canadian citizens could invoke their rights while they are in Canada. The rights of permanent residents and citizens could also be invoked while they are abroad. For example, a retired couple who have been the victims of fraud in Canada but who live in Florida during the winter could rely upon the proposed rights to receive information about the status of any ongoing Canadian investigation.

This bill would make it clear that the victims of crime have rights at every stage of the criminal justice system, from the investigation of an offence right through to the conditional release process, including during proceedings before review boards for accused persons found not criminally responsible on account of mental disorder or those who are unfit to stand trial. This would ensure that victims have rights, even in cases that are unresolved or where no accused or offender has yet been identified, such as in the case of families of missing persons.

I had the opportunity to serve on the special committee for the study into violence against indigenous women, the report of which was just recently tabled in the House of Commons. In one of those meetings, we heard from the families of victims of some of these indigenous women who have disappeared. Many of these women, as we know from the RCMP report, have been murdered. The families told us that they need the rights that are enshrined in this victims bill of rights. They need to know what is happening at every step of the police investigation into the disappearance of their loved ones. This is something that they have not always experienced in the past, and these rights would now be enshrined in this law. That is one of the reasons I feel so passionately about this bill.

Even if some victims of crime choose not to interact with the criminal justice system and exercise their rights, this bill would ultimately be beneficial to all victims and all Canadians. This bill would increase victims' awareness of their rights and enhance awareness of victims' needs among criminal justice professionals and the general public through the online resources and training opportunities facilitated by the government. Right now, there is no document that victims can consult if they want to know all of their rights within the federal justice system.

This bill would ensure that victims' rights are applied in a reasonable manner and in a way that is not likely to interfere with the proper administration of justice or ministerial discretion; endanger the life or safety of any individual; or cause injury to international relations, national defence, or national security. As this bill makes clear, victims would be informed and involved at every stage of the criminal justice process. That is very important. I myself have been a victim of crime and I know that throughout the investigative and prosecutorial processes I had to learn about what was going on through the news media because I was not receiving that information directly from the justice system.

These rights would be implemented through mechanisms provided by law. Indeed, these technical changes would give life to the rights contained in the Canadian victims bill of rights in a manner that is consistent with the unique constitutional and operational realities of the criminal justice system. As we know, the criminal justice system is a shared responsibility, with the federal government having constitutional authority over the criminal law and criminal procedure, and the provinces being responsible for the administration of justice. Accordingly, many of the proposed amendments would be implemented through the actions of the provinces. This bill respects the constitutional division of powers. This government does not intend nor wish to encroach upon provincial or territorial jurisdiction.

This bill does not seek to impede efficiencies in the criminal justice system. Inefficiencies and undue delays in the system would not serve the best interests of the victims. For example, delays in the system could result in charges being dropped and proceedings being stayed. An accused person must be tried within a reasonable time and no victim of crime should ever be denied justice because of delays in the system.

This bill would also provide internal safeguards so that authorities could always act in the public interest when victims' rights are being exercised. Authorities must maintain the ability to protect both victims and the Canadian public at all times.

Thus, this bill would also provide transformational change for victims while upholding the rule of law and respecting principles such as police and prosecutorial discretion. For instance, it is a well-recognized constitutional principle that the Attorneys General of this country must act independently of partisan concerns when exercising their delegated sovereign authority to instigate, continue, or terminate prosecutions. This bill respects that independence, and at the same time grants victims a greater voice in the process.

Let me also elaborate on the primacy clause proposed in this bill, which signals that victims' rights are to be taken seriously and given meaningful effect by all in the criminal justice system. It proposes as a general rule that all federal legislation would be required to the extent possible to be interpreted in a way that is consistent with the Canadian victims bill of rights. In circumstances where there is clear and irreconcilable conflict between a federal law and the Canadian victims bill of rights, the provisions of this bill would prevail. Victims' rights would be decided on a case-by-case basis whenever conflicts arose between this bill and laws contained in other federal acts.

The Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act, the Access to Information Act, and the Privacy Act would be expressly exempt from the primacy clause because they are also quasi-constitutional. These acts protect the rights and interests of all Canadians, including victims of crime, and they also have a clear link to the fundamental rights and freedoms found in the Canadian Charter of Rights and Freedoms.

I firmly believe that this bill is the necessary catalyst for creating a culture of change in the criminal justice system so that the needs of victims of crime can be better met. Given the progressive and vital nature of this bill, I urge all of my colleagues on both sides of the House to support it.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I also support the bill. I take the same sort of view that my hon. colleague does: to support the bill, get it to second reading and hope for amendments.

I noted the member quoted from the first of the federal ombudsmen for victims of crime. I commend the current administration for creating that position.

However, the current federal ombudsman for victims of crime put out a statement on Bill C-32. I was familiar with the recommendations that went forward. That office had made 30 recommendations for what should be in a bill that spoke to the rights of victims of crime. Of the 30 recommendations put forward by that office, only four have been fully contained in this bill.

One I thought was particularly notable, and I hope we can get to it at committee for an amendment. I will not be a member of that committee, but I urge members to take note of it. It is that in order to benefit from any of the so-called rights that victims of crime will get under this bill, they need to know that they have to register themselves with the parole office or with the correctional service as a victim to get on the list to get the notification of such things as when the person who perpetrated the crime against them is being released and so on.

Surely we need to include in this bill very clear notification, clear communication to victims of how they get their rights and how they exercise those rights. That key piece is missing.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 9:30 p.m.


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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I will be speaking in favour of the bill before us, Bill C-32, an act to enact the Canadian victims bill of rights and to amend certain acts. I am supporting it at second reading, because I see some real potential here, and I am hoping that when it gets to committee, it will get the kind of work it requires so we can really address the area of victims' rights. We want to support victims of indictable offences in a real way. We also want to make sure that this charter is not simply a statement of principle that will never be implemented and will just gather dust on some shelf.

This bill outlines the federal right of victims of crime to be informed, to be protected, to participate, and to receive compensation under the Canadian victims bill of rights, and it proposes modifications to the Criminal Code, the Corrections and Conditional Release Act, and the Canada Evidence Act to incorporate these rights.

I think this is really important for us to pay attention to. Bill C-32 establishes no legal obligation on those working in the criminal justice system to implement these rights. One thing I have learned over the years is that to have rights on paper does not guarantee too much, because what we need to go along with the rights given to us in legislation are also the tools so that those rights can be implemented and we can benefit from what legislators pass.

We often hear, and I have heard this a number of times, that my colleagues across the aisle truly want to make victims a priority, despite the fact that it took them eight years and many photo ops and press releases to get to the point where they put pen to paper and tabled something before this House. We have to spend some time looking at why it has taken this government that long a time to bring forward this bill, when it has talked about it for such a long time.

It is no secret in this House that the NDP has always supported the rights of victims. We will continue to consult with victims groups and experts to determine how we can best assist them. On this side of the House, we have no allergy to expert opinion, to data, to research, or to listening to the health professionals who work with victims. They know a lot about this.

As members know, I have been a teacher most of my life, and in that role, I was also a counsellor in a school. I often dealt with young adults who were victims of crime and with their families as well. I became aware of the deplorable lack of services that exist to support victims, so this has been a topic that has been close and dear to my heart for a number of years. I am glad to see that the government will be moving on it.

One of the things I also became aware of when I was a high school counsellor is how few resources there are out there. I do not know if members are aware of this, but the federal government has often relied on the provinces to provide some of these resources and services to support victims. However, the provinces are feeling stretched to the limit. We are hearing from them that the downloading of the refugee health care costs is putting a huge burden on the provinces. We have heard that from the premiers, from citizen groups, and from the medical profession as well. That is one example of being penny wise and pound foolish.

There have been other things, as we know, such as health care costs and all kinds of responsibilities. Under this government, the costs have been downloaded to the provinces to carry out. They only have so many resources.

I was reminded today of something that happened in B.C. In the beautiful province of British Columbia, we actually have a Liberal-Conservative coalition government. They call themselves Liberals, but even my colleagues across the way would admit that they are just as conservative as those sitting across the way. That government has cut the victims' criminal injuries fund. That is the fund that would be used to support and provide services to victims. I am hearing that because of financial pressures, some provinces, such as Newfoundland and Labrador,have eliminated that fund altogether.

I worry that we are setting expectations very high and are not going to be able to deliver those services, because there seems to be very little attached to this piece of legislation that would actually lead to any kind of implementation resources. Without those resources, all we are left with, and this I think we can agree on, are principles in proposed bills and charters. How will those play out? What kind of support will be available to the victims?

We have discovered this over and over again when we have seen legislation brought forward and we have thought that at last the government is going to address this issue. It is going to fix this. However, what I have discovered at various committee meetings is that it is not that easy, because with this government, the devil is always in the details. In this bill, it is the lack of details and resources that really hit us.

It is because of that that we are supporting this bill at second reading. We want to see what we can flesh out at committee stage. There is no way the government across the way is going to get a blank cheque on this issue without actually putting some resources on the table.

We will study the bill. We are not allergic to experts. We are going to invite experts. My colleagues across the way will invite experts, and we will listen to their opinions. We will read the data they have, and we will listen to the victims. Based on that, we will make sure that we put forward amendments so that the bill will really respond to victims' needs.

One of the things that struck me even before I decided to run as a member of Parliament was that we have had a government for a number of years that has been making all kinds of promises and often portrays itself as a law and order government. More recently, in the throne speech, it promised this bill. This has been in its platform since 2006. We are glad it is here now, but let us really take a look at what it means.

When I hear the term, “a government of law and order”, I really have to shake my head. I heard the minister speak earlier, and I was thinking that there were commitments made in the last election to put additional police out on the streets. In my beautiful province of British Columbia, in my riding of Newton—North Delta, in Surrey and North Delta, my constituents tell me over and over again that they are feeling betrayed because the government did not deliver the additional policing it promised.

However, I am the first one to say that policing is not the only answer. We have to look at many other ways of tackling crime in our neighbourhoods.

I have regular coffee shop meetings with my constituents, and because of a horrific murder in my riding, the 26th in a year, the community galvanized. There have been many meetings, and at every meeting my constituents tell me that they do not feel very safe and they are very worried. Seniors tell me that all the time.

I heard the minister on how we can save millions or billions of dollars with preventative programs. I would say that here is an example of where we are failing to put more police on the streets and look at prevention programs.

It is interesting that the minister strongly supports prevention, but when I talk to the huge range of different service providers in my riding,I find that their program support services are being cut dramatically, some by 100%. A lot of the services that used to be available to help youth reintegrate into society, lead a positive lifestyle, and enter into meaningful employment have not been funded or have been cut.

When I look at the mental health services that are available, I do not actually see any investment, even though we all stand in this House and talk about the great cost of mental health issues across our communities to our health services, our social services, and our penal system. We are all aware of that. Once again, where are the resources to help those who suffer from mental illness? Where are the resources, in a serious way, for those who are dealing with addictions, so that we can help them once again lead a more successful life? I have heard a lot about this.

I have a lot of respect for my colleague across the way, who has done a lot of work on human trafficking. I think everyone in this House would agree that it is a heinous crime and something we need to tackle in a serious way in the international community, because it is an international problem and we need to play our part.

Today we are talking about victims. What is it that victims need? Victims have been telling us that they need access to services and they need support. Many of them also want access to parole hearings and to be informed about the status of prosecution. They just want to know where the case is at.

A mother whose child died very tragically would check in with me regularly, asking if so-and-so was about to come up for parole. Every time parole came up, that mom went through all the pain and agony as if it had happened just that day.

We do not need to provide patronizing words. We need to provide real support and real processes that are going to work. It is not just for the sake of politically saying that we have this bill and we have done our piece, because until we provide the resources and put mechanisms in place to implement the bill, it is just words. I really do not want victims to feel further victimized because they feel that we played some kind of game with them.

I will read some quotes.

This is what Steve Sullivan, the first victims ombudsman, had to say about the bill on the CBC news on April 3, 2014. What he said rings alarm bells for me and makes me look at the bill more closely.

The former victims ombudsman charged Thursday that the Minister of Justice has over-promised and under-delivered on the Conservative government's victims bill of rights.

Those are not easy words for anyone to say, but I can see why he would have said that when he saw that there were no resources attached to this bill.

Also, there is Lori Triano-Antidormi, a mother of a murdered child. I cannot imagine the pain that this mom has gone through. She said this to CBC news on April 3, 2014, just last month. She stated that not everyone believes the bill will be effective. She went on to say that the bill will create false hope for victims.

We have to remember that Lori Triano-Antidormi is not only a victim of crime, but she is also a psychologist and helps to treat others.

The article further stated:

“My concern is promising [victims] more involvement in a very adversarial system,” she said. She says that, right now, victims have no role in a verdict unless they are a witness. “The crown has the final say.” Triano-Antidormi said if the government were to make that change, it would only fuel vengeance in the victim “which from a physiological perspective doesn't help their healing or recovery.”

I can only imagine the kind of pain this mother suffered. Despite all her personal pain, she has asked us to reflect on what we are doing here, and I am sure we will be doing that when we get to the committee stage.

L'Association québécoise Plaidoyer-Victimes on April 3, 2014, basically said that this bill may provide real leverage and not just a false promise to be dangled before our eyes. However, then it went on to say it really rests on making resources available to victims once their rights have been infringed.

Once again, we keep going back to that resource item. Without that resource item, it points to how hollow this bill could be.

It went on to say the governments have a responsibility to recognize victims' rights, but also to help them exercise those rights. Just stipulating the rights without providing assistance for that next stage makes it very hard and almost hollow, so the association is very worried about that.

Clayton Ruby, criminal law expert, said:

They need rehabilitative programs and services, and compensation from the government, and they’ve dropped all those expensive demands in favour of shallow symbolism.

Frank Addario stated:

...the...government’s agenda is to position itself as tough on crime, even though it knows its measures have little real-world effect. It’s cynicism masquerading as policy.

I am going to give my colleagues the benefit of the doubt. I am going to give them the benefit of the doubt because when we get to the committee stage to try to fix this bill with magnificent amendments, I know the Conservatives will pay attention and listen to some of the concerns we have. I am hoping they have been paying attention to some of the feedback out there as well, not just to the bits they want to hear but also to the rest.

Sharlene Lange, a victim's mother, stated:

Beyond the sentencing stage of the process, the victims basically fall off the face of the earth.... Rights need to go beyond the criminal process for this bill to even be a bill of rights.

She said she will continue to lobby until true financial compensation for victims exists.

There is absolutely no doubt that we need a bill of rights for victims. A study released in 2011 by the Department of Justice Canada found that the total cost of crime is an estimated $99.6 billion a year, 83% of which is borne by the victims.

With that in mind, I would urge my colleagues across the way to look at amendments at the committee stage, seriously consider what the bill really means, and make sure that resources and implementation mechanisms are in place so that victims truly feel supported and this does not turn out to be a sham.

The House resumed from April 9 consideration of the motion that Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, be read the second time and referred to a committee.

Extension of Sitting HoursGovernment Orders

May 27th, 2014 / 7:50 p.m.


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Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, that impassioned speech just proves to everyone what a great member of Parliament the member for Richmond Hill is and how passionately he feels about all this legislation before the House. He made a very good case for the strengthening Canadian citizenship act, showing why that is so important for the people of Canada and why we need to get that measure passed soon.

The member also mentioned Quanto's law, the justice for animals in service act that he was instrumental in bringing forward, and we all need to commend him for that.

I wonder if the member could tell us about some of the other important criminal justice legislation that is before this House today, such as Bill C-26, the tougher penalties for child predators act, and Bill C-32, the victims bill of rights act, which we hope to debate later this evening.

Extension of Sitting HoursGovernment Orders

May 27th, 2014 / 5:25 p.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I will give a few very interesting examples. I talked about Bill C-32 earlier. The last time we studied it was on April 9. Three people spoke to this bill, which the government claims is fundamental and extremely important.

I cannot wait to see which of these bills will get more time than the others. Obviously it will be their pet projects, the ones they can get a lot of mileage out of.

There are other bills that we have not seen since January, such as Bill C-2. Three people spoke to Bill C-3 on May 8. No one has spoken to Bill C-6 yet. Three people spoke to Bill C-8 and no one has spoken to Bill C-10. However, they were approved in committee a very long time ago.

If the government believed in the fight against contraband tobacco, the bill would have been sent back to the House as soon as it left the committee. Since the bill was approved in committee, it could have been passed quickly by the House. We are going to have to pass it at the same time as a bunch of other bills.

Extension of Sitting HoursGovernment Orders

May 27th, 2014 / 5 p.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, what an odd debate. I listened with interest to the speech by the hon. member for Burlington. He is the chair of the committee and I am the vice-chair.

I found some of his statements peculiar. The fundamental problem with the motion presently before the House is not the fact of staying until midnight. The NDP team has a reputation for hard work. Anyone who wants to entertain themselves by visiting my Facebook page would see that the people of Gatineau are actually advising me to slow down because they are worried about my health. Perhaps they are right, considering the flu I have at the moment. We in the NDP work very hard. A number of bills, for example, are before the Standing Committee on Justice and Human Rights, so that they can be debated in the House or in committee. It is not the work we are afraid of.

The cat is out of the bag. There are issues that our Conservative friends want to talk about, and they want to speak about them at length. Had I been asked, I would have said—before they even rose to speak—that I expected to see a great many Conservatives rise to speak in the House about Bill C-32. Why? Because it is an opportunity for the Conservatives to give Canadians the impression that they have been dealing with this issue—and this issue alone—for weeks, months and even years. They are the ones who stand up for victims. We are all deadbeats and have washed our hands of the problem. That is not true, though. Now, when workers’ rights were at stake, the Conservatives wanted to cut debate short.

The member said that nine bills had been passed and that he is embarrassed to return to Burlington. What I would say to him is that he is absolutely right to be embarrassed; the Conservatives did nothing with their majority aside from getting nine bills passed, and they had to resort to time allocation motions to ram the bills through. There is something not quite right with this government. The Conservatives are averse to debate. They do not like hearing opinions that do not coincide with their own. When the Conservatives too often hear something they disagree with, a red light suddenly goes on. We have had to debate many a time allocation motion. I do not know how many times I have taken part in debates in the House or how many speeches I have made expressing my dissatisfaction with the fact that we have been stripped of our right to speak.

The Conservatives made mention of Bill C-13. I am fortunate to be the NDP justice critic and to have had the opportunity to voice my opinion regarding this omnibus bill, right after the minister spoke. This is no small bill; on the contrary, it is approximately 50 pages long and has an impact on numerous other pieces of legislation. It does address the issue of cyberbullying, as the government likes to point out, but it goes much farther, so far that the committee is being flooded with requests for meetings. We hear all manner of experts warning us to be careful. That is what is missing in the House.

The Senate is referred to as a chamber of sober second thought, but we were not elected to this place in order to abdicate our duty to think. Members have a responsibility to be present in the House to voice and stand up for the opinions of their constituents. Canadians expect us to go about our work in an intelligent and thoughtful manner, to take the time to properly analyze bills. I am in favour of debating this bill in the House and referring it to committee for further consideration. More often than not, bills are analyzed at lightening speed.

The Conservatives will say that the House was given an opportunity to debate Bill C-13, the bill on cyberbullying, and thank God, especially given the time allocation motion that was foisted upon us so as to ram the bill through to committee.

Suddenly, things became urgent. Why urgent after the death of Rehtaeh Parsons, and yet not after the death of Amanda Todd? That was a question a witness asked us. The notion that the government would somehow need to act urgently does not really cut it with me; these things are more politically driven than they are concrete. It is a bit worrisome.

Bill C-13 is large and contains a number of disturbing provisions. When considered alongside the remarks made by the Conservative committee members, it leads me to believe that the Conservatives will not be very receptive to the many amendments proposed by expert witnesses. If past events are any indication, I am not very optimistic. Still, I am an optimistic woman by nature.

In light of this, I have trouble believing it when the government tells us, hand on heart, that its goal is to work harder. Working harder, for a Conservative, does not necessarily mean working more effectively and harder. It simply means that members end up working until midnight in order to discuss all the bills before the House, including those bills that have not been studied for an eternity.

For example, there is Bill C-2 on safe injection sites; Bill C-3 on marine transportation; Bill C-6, which implements the Convention on Cluster Munitions; Bill C-8 on counterfeit products; and Bill C-10 on contraband tobacco, which we finished studying in committee such a long time ago that I will have to reread all my material. Indeed, since then, we have studied so many other topics that I have almost had enough time to forget all about it. We will resume studying this bill at report stage. We could have covered it a long time ago. I have been waiting for some time for this stage to be completed in the House. Everything will have to be done over. It is a colossal waste of time for everyone concerned. There is also Bill C-11 on the hiring of injured veterans. If there is a category of people in our society who have huge needs, it certainly is our veterans.

Suddenly, the Conservatives are going to try and push all this through at once. The member for Burlington has done the math when it comes to the number of hours, and the government is going to try and give us a few hours for each bill. Then the government turns around and calls itself a champion of hard work. Well done, champion.

There is also Bill C-17, Vanessa’s law, about drug safety, an extremely important bill that must be debated; Bill C-18, concerning farm regulations; and Bill C-20, concerning the Canada-Honduras agreement, which is at report stage. I no longer even remember when I gave my last speech on that subject. It has already been a heck of a long time. The Conservatives have been in no rush, but all of a sudden, they are in a rush.

We will examine Bill C-21, concerning red tape for small businesses. The junior Minister of Tourism is travelling all over Canada to talk about the importance of eliminating red tape everywhere, while this bill is stuck in some office or other. It could have been debated a long time ago.

There is Bill C-22, concerning oil, gas and nuclear liability, and Bill C-24, concerning the Citizenship Act. These are bills that are announced to us with great fanfare at big press conferences, but then they stagnate and we do not see them again.

There is Bill C-26, about sexual predators. I expected that one would move quickly, because the Conservatives told us we had to work on this issue quickly. There is also Bill C-27, about hiring veterans in the public service. It is extremely important, I repeat, because it concerns a category of people in our society who have needs that are just as important.

Then there is Bill C-32, about the victims bill of rights. I think it is the reason why this government’s Motion No. 10 has no credibility at all. For a full year, I was treated to one press conference after another. If it was not the Prime Minister, it was the Minister of Justice with his senator from the other side. They told us they were going to work very hard, listen, set up panels and do everything we could wish for, and then they brought forth a charter that was denounced by many people, starting with victims, because they expected a lot more. That may be why the Conservatives kept their charter hidden for some time.

Apart from the minister, one Liberal and myself, no one has yet spoken on this subject. I am going to make a wager with my colleagues in the House. I expect there will be a time allocation motion on this. The Conservatives are going to rend their garments and plead that it is urgent, that it is extremely important and that it must be passed immediately, or the opposite will happen, because they will want to talk to us about it for hours on end. It becomes part of their narrative.

Every Conservative member wants to go back to their riding and have their householder and the excerpt from their speech in the House, which they made to show that they are protecting victims’ rights.

In the NDP, we want to talk about important issues and show that we could do even better than Bill C-32, specifically by amending it. We want to talk about the proposals made by the federal ombudsman for victims of crime. In fact, Bill C-32 does not contain a large percentage of her recommendations. A balance has to be struck. For every Conservative who speaks, the New Democrats will also speak.

When we want to talk about something, it is not important. That is the message we constantly get in the House, and, perhaps because we are approaching the end of the session, it is becoming extremely annoying, to put it mildly and stay within the bounds of parliamentary language.

It is appalling to see that people who are elected to represent the residents of their riding are silenced as often as we are by this government. We get told they are not interested. I have also heard the member for Burlington say—and I am going to talk to him about it again, in fact, at the Standing Committee on Justice and Human Rights—that sometimes we just need to go and read because members all read pretty much the same thing.

If the people of Gatineau think the same thing as the people of Laval, I think it is important that this be pointed out. Who has more right than whom to speak in the House on a particular bill? There is something indecent about wanting to constantly silence people.

Sometimes, I tell the members opposite that they should stop imposing time allocation motions and motions to get things done, as they like to say. I very much liked the expression my colleague used yesterday, when he talked about motions that are “a licence for laziness”.

This is unpleasant. If they had taken the time spent on debating those motions and instead used the time to finish the debate on the bill that they were trying to stop from being debated, we would probably have finished. The fact is that not all members in the NDP caucus or the Liberal Party or the Green Party or whatever colour you like necessarily wish to speak.

However, if the government limits the speaking time of a single member who wishes to speak, we cannot claim to be living in a democratic system. That is what is known as the tyranny of the majority. I believe we have to stand up against that, loud and clear. Every time that happens here, we are going to speak out against it, in every way possible.

We are told that we could perhaps go faster. I listened to the Minister of Foreign Affairs say that, and what he said made sense, in some respects. The way that Manitoba and the NDP government operate makes sense. Those consensus-based approaches make sense.

Quebec managed to pass a bill on a very sensitive issue, end-of-life care, with the agreement of all parties. There was an election, and the members all agreed to reinstate the bill once the election was over. That is being discussed.

The problem here is that the people on the Conservative benches are not talking to the opposition parties. All they talk about is strategies. We keep wondering who is going to pull a fast one on us. They use roundabout tactics such as counting how many MPs are in the House, catching them off guard, and forcing a party leader to go testify before a committee. This is unprecedented—and they say they are democratic.

Then the Conservatives get all offended when we say that Motion No. 10 is total nonsense. This is not about giving us more time. This is about taking all of the bills—there are more on the agenda than have already been passed, and that took much longer than the amount of time we have between now and June 20—and making us think they are giving us more time. They are not giving us a thing. I do not believe in Conservative gifts, and nobody in Canada should believe in any Conservative gift whatsoever.

The truth is that the Conservatives are going to shove their agenda down our throats because they could not get through it in a mature, parliamentary, by-the-rules way. They could have said that the House leaders would discuss it and try to see if some of the bills were more palatable or if we could agree to pass some of them more quickly. Then the real committee work could have started.

It is true, for Bill C-13, we had a lot of witnesses. However, I am not yet ready to give a seal of approval to the government in power, indicating that the bill has been studied in depth, because we still have the entire amendment stage. I believe that what the other side wants to accept is under so much remote control that the committee is not really doing the work. Instead, the higher-ups are dictating to our colleagues opposite what they have to do, while at the Standing Committee on Justice and Human Rights, we are trying to bring out the best in the bill.

I have not even mentioned the upcoming Bill C-35, dealing with service animals. Bill S-2 deals with statutory instruments and may not seem like much. However, it is a very significant bill that is going to change an entire way of doing things in terms of regulations. We know that regulations have an impact on the everyday lives of our fellow Canadians in all kinds of areas: the environment, transportation, health and what have you. This is a real concern. I bet that we will analyze it very quickly. That concerns me.

The fact that we are extending our hours until midnight does not encourage any belief on my part that we will be having constructive debates followed by more productive work in committee. That is why the Conservatives have this problem with credibility. We are not the only ones saying so. When their measures are challenged in court, the Conservatives get slammed.

I will take a deep breath and take a little time to say that perhaps we should review our way of doing things. Our friends in the House may not know this, but the bill on prostitution may well be coming our way next week. We hear whispering in the corridors that the government wants the bill passed. It is huge, though, since it comes as a response to a Supreme Court of Canada decision. Everyone in the House knows that passing the bill will not be easy because there are people on all sides of that issue. I would bet that we are going to have just a few hours of debate before they pitch it—to put it very nicely—to the Standing Committee on Justice and Human Rights. We can expect a hot and heavy summer on that one.

Extending the sitting hours until midnight just to work harder is one more tactic that is just like their time allocation motions, closure motions and any other kind of motion they can think of. It is part of the Conservatives' bag of undemocratic tricks. They will force these tricks on the House, but not on themselves, as ministers. Based on how the motion is written, I think it will be quite humourous. It will be interesting to see how many of them will be here in the House to happily participate in the debates on all the topics I mentioned, instead of at a cocktail party. That is why it is extremely important that we amend this motion.

Seconded by the hon. member for LaSalle—Émard, I move:

That the motion be amended by deleting all the words after the word “place” and substituting the following:

(b) when a recorded division is demanded in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2), but not including any division in relation to the Business of Supply, Private Members’ Business, or arising as a consequence of an order made pursuant to Standing Order 57,

(i) before 5:30 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the time immediately before the time provided for Private Members’ Business at that day’s sitting,

(ii) after 5:30 p.m. on a Monday, Tuesday or Wednesday, it shall stand deferred until the time immediately before the time provided for Private Members’ Business at the next day’s sitting,

(iii) after 5:30 p.m. on a Thursday, or at any time on a Friday, it shall stand deferred until 6:30 p.m. on the following Monday.

Extension of Sitting HoursGovernment Orders

May 27th, 2014 / 5 p.m.


See context

Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, I thank the minister for his question and the work he is doing as foreign affairs minister. He is doing a fantastic job.

The point the minister is making happened today, and I want to use today as the example. In my speech, I talked about Vanessa's law. During the question and answer period, even my friends in the Liberal Party asked the New Democratic speakers why they were not letting this go to a vote. They asked, if the New Democrats were supporting it going to committee, why were they not voting on it. They debated it until question period, and that stopped debate. We could have had that done hours before question period.

The next bill to be called was going to be Bill C-32, the victims bill of rights act, one that requires, in my view, a lot of discussion in the House, because we would be making a fundamentally different change in the Criminal Code and in the protection of victims in the criminal justice system. It requires a lot of discussion, and I believe there are a lot of members of Parliament who would like to speak to different parts of that bill. It is a significant bill and deserves that kind of attention, but no, we spent hours and hours on the bill for Vanessa's law, which is very important but agreed to by all sides. That is what is wrong with the system. That is why we are forced to have extended hours: to give members an opportunity to debate.

If we did things more efficiently and effectively around here, we would not need the types of motion we are seeing in front of us today.