Bill C-36 (Historical)

Protection of Communities and Exploited Persons Act

An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things,
(a) create an offence that prohibits purchasing sexual services or communicating in any place for that purpose;
(b) create an offence that prohibits receiving a material benefit that derived from the commission of an offence referred to in paragraph (a);
(c) create an offence that prohibits the advertisement of sexual services offered for sale and to authorize the courts to order the seizure of materials containing such advertisements and their removal from the Internet;
(d) modernize the offence that prohibits the procurement of persons for the purpose of prostitution;
(e) create an offence that prohibits communicating — for the purpose of selling sexual services — in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre;
(f) ensure consistency between prostitution offences and the existing human trafficking offences; and
(g) specify that, for the purposes of certain offences, a weapon includes any thing used, designed to be use or intended for use in binding or tying up a person against their will.
The enactment also makes consequential amendments to other Acts.

Bill C-2—Time Allocation Motion

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, it is interesting to see how the government House leader acts in sort of a flippant and dismissive way when he reads this motion. It is no wonder, as this is the 74th time since 2011 that the government has introduced closure on a piece of legislation before the House. That means that most of its legislation has been rammed through, forced through by closure, because it cannot bear to have a proper comprehensive debate in the House of Commons by members of Parliament from all parties on any government legislation. It is bent on the idea that it has to ram it through.

Bill C-2, which is an amendment to the Controlled Drugs and Substances Act, is a particularly important bill because it follows a decision of the Supreme Court of Canada concerning safer injection sites in this country. As we have seen with other legislation, most notably Bill C-36 recently, which also has to do with a decision of the Supreme Court of Canada concerning laws pertaining to prostitution in this country, this is yet another bill in this House that basically does not stand the test of the decision of the Supreme Court of Canada.

I would ask the minister why the government has decreed that this bill will not go to the health committee where it should go, because it is a matter pertaining to the health and well-being of Canadians who are very much at risk and who have been marginalized, rather than going to the public safety committee. That demonstrates the conclusion that the government sees this as just another law and order measure, as opposed to a measure that is affecting the health of people. Why were people not properly consulted on this bill, such as front-line service workers, so that we would have the benefit of that in terms of debating the bill? Why will it now go to the public safety committee instead of where it should be going, which is for a thorough examination at the Standing Committee on Health?

Criminal Code

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, I have 3,709 signatures on a petition today asking the government to amend the Criminal Code to target the johns and give support to those who desire to leave prostitution. It is a shame that a few minutes ago, opposition parties voted against Bill C-36.

Justice

[Peter MacKay, Conservative, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I thank the hon. member for her long-standing interest in this subject, to protect vulnerable Canadians and to protect communities. Those are the two goals, certainly among others, found in Bill C-36.

We intend to meet the deadlines that have been set by the Supreme Court in the Bedford decision and to do so in a way that we believe will improve the lives of those who choose to leave prostitution. We have put parameters in place designed specifically to protect the community, children in particular.

We hope that all members will support this effort, which will make Canadians safer.

[Maria Mourani, Independent, Ahuntsic, QC]

Mr. Speaker, people are saying that Bill C-36, as it stands, will not make prostitution illegal. This is an important aspect because the legal nature of prostitution was a fundamental element that, for the Supreme Court justices, justified their ruling in the Bedford case.

Will the Minister of Justice clearly state in Bill C-36 that prostitution is illegal in Canada?

[Bob Dechert, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, through Bill C-36, the government is balancing the interests of protecting vulnerable Canadians and minors and our communities. Bill C-36 shows compassion toward those trapped in this awful practice. It would also crack down on those responsible for exploiting the persons who are trapped in this industry. That is what Canadians want us to do, and that is what Bill C-36 would do.

[Brent Rathgeber, Independent, Edmonton—St. Albert, AB]

Mr. Speaker, the government claims that Bill C-36 would keep sex workers immune from prosecution except at or near where children are present. However, when it comes to child prostitutes, they are not only reasonably expected to be present wherever the child is selling sex, but a child is in fact present.

Does the government seriously intend to prosecute the most marginalized and most exploited members involved in this trade, the child prostitutes?

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I am pleased to have another opportunity to respond to the Thursday question from the hon. member for Burnaby—New Westminster.

I know how proud he claims to be about showing up to work. In fact, though, the New Democrats seem to have a spotty record on that. Last evening, that very member rose to speak to our government's bill to protect our communities and exploited persons—that is Bill C-36—and after one whole minute he moved to adjourn the House. He said we should all go home. Maybe that is the parliamentary equivalent of taking one's ball and wanting to go home when one is unhappy with how things are going in another meeting.

In any event, we did all dutifully troop into the House to vote on that at 6 p.m. However, what was very revealing was that only 61 of those 98 New Democrats stood in their places to vote. A few of them were missing their shifts, oddly. We did not find that on the Conservative side. In fact, we just had two votes in the House, and the number of New Democrats who were not standing in their places was very similar to that.

Therefore, when I ask myself who is not showing up for work, I can say it is not the Conservatives not showing up; it is, in fact, the New Democrats.

However, following the popular acclaim of last week's Thursday statement, I would like to recap what we have actually accomplished in the House since last week in terms of the legislative agenda.

Bill C-37, the riding name change act, 2014, which was compiled and assembled through the input of all parties, was introduced and adopted at all stages.

Bill C-31, the economic action plan, act no. 1, was adopted at both report stage and, just moments ago, at third reading.

Bill C-24, the strengthening Canadian citizenship act, was concurred in at report stage.

Bill C-20, the Canada-Honduras economic growth and prosperity act, was passed at third reading. Of course, the NDP tried to slow down its passage, but Conservatives were able to get around those efforts, as I am sure the 50 New Democrats on vigil in the House last night fondly appreciate, and we were able to extend our hours because there were, again, not even 50 New Democrats here in the House to stand in their places to block that debate as they wanted to, so we did finish the Canada-Honduras bill that night and were able to vote on it.

The government's spending proposals for the year were adopted by the House, and two bills to give these plans effect, Bill C-38 and BillC-39, were each passed at all stages.

Bill C-22, the energy safety and security act, was reported back from committee, and several other reports from committees were also tabled. As I understand, we will see Bill C-17, the protecting Canadians from unsafe drugs act, reported back from the health committee in short order.

Finally, this morning we virtually unanimously passed a motion to reappoint Mary Dawson as our Conflict of Interest and Ethics Commissioner.

Sadly, though, the New Democrats did not heed my call last week to let Bill C-32, the victims bill of rights act, pass at second reading. We were treated, sadly, to only more words and no deeds from the NDP.

Turning to the business ahead, I am currently anticipating the following debates. This afternoon and tonight, we will finish the debate on Bill C-36, the Protection of Communities and Exploited Persons Act, at second reading. That will be followed by third reading of Bill C-24 and second reading of Bill C-35, Justice for Animals in Service Act (Quanto's Law).

Tomorrow morning, we will debate Bill C-24, if necessary, and Bill C-18, Agricultural Growth Act, at second reading. After question period, we will get back to Bill C-32, and give the NDP one more chance to send the victims bill of rights to committee.

The highlight of Monday is going to be the report stage of Bill C-6, the Prohibiting Cluster Munitions Act. Tuesday’s feature debate will be Bill C-2, the Respect for Communities Act, at second reading. Wednesday will see us finish third reading, I hope, of Bill C-6. During the additional time available those days—in addition to Thursday and Friday of next week—I will schedule any unfinished debates on Bill C-18, Bill C-32 and Bill C-35.

I will also try to schedule debates on Bill C-22 and Bill C-17, as well as other bills, such as Bill C-3, Safeguarding Canada's Seas and Skies Act, at third reading; Bill C-8, Combating Counterfeit Products Act, at third reading; Bill C-12, Drug-Free Prisons Act, at second reading; Bill C-21, Red Tape Reduction Act, at second reading; Bill C-26, Tougher Penalties for Child Predators Act, at second reading; Bill S-2, Incorporation by Reference in Regulations Act, at second reading; Bill S-3, An Act to amend the Coastal Fisheries Protection Act, at second reading; and Bill S-4, Digital Privacy Act—which I understand we will receive shortly from the other place—at second reading.

Justice

[Peter MacKay, Conservative, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I want to thank the member for Kildonan—St. Paul for her exceptional hard work in support of vulnerable persons.

Our government's approach represents a comprehensive made-in-Canada model that reflects Canadian values. The bill would crack down on those predators, pimps, and johns who fuel the demand for this inherently dangerous activity, while protecting our communities. It would also provide for an exit strategy for victims.

We had heard today from courageous women who talked about the exploitation and victimization they had experienced. They saw merit in Bill C-36 and wished it had been in place for them.

It is a sensible, practical, principled approach that should get support from all members.

Bill C-36—Time Allocation Motion

[Jeff Watson, Conservative, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, the matter immediately before the House is the use of time allocation, which I point out is routinely used by Liberal majority governments in this country, but also, as I understand it, is used writ large in the mother Parliament back in the U.K.

As the minister has rightly pointed out earlier, this is an efficiency tool in terms of ensuring that the House, in a timely fashion, not only considers issues but makes decisions on them, and it also ensures that these matters get to committee in a timely fashion, so that the detailed study can occur. Not only is debate in the House important, but the discussion and input of Canadians in the broader civil society is important as we deal with an issue that has a lot of diverse opinions among the Canadian public.

I wonder if the minister could comment on the participation of Canadians in terms of consultation before the drafting of this particular bill. I wonder if he could comment further on what he was hearing in terms of specifics from Canadians and stakeholders and how that was incorporated into this particular bill, Bill C-36, that is before the House.

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, just a few moments ago, I heard the minister say that the use of time allocation in debates is not something new, that it is a parliamentary tradition and part of the process. However, what is new is that it has been used 72 times in a very short period of time. This even breaks the Liberals' record. It seems to me that the government wants to be in the Guinness World Records. However, this is a record to be ashamed of, not proud of.

Let me read the title of the bill we are dealing with here. It is Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts. I think the title alone shows the legal and technical complexity of the issue. This legislation can have life-or-death consequences for some people. Why are we being muzzled again when we are debating this bill? Why does the government not want to give us the time to do a good job? When will the government stop muzzling Parliament itself?

[Peter MacKay, Conservative, Central Nova, NS]

Mr. Speaker, as a member of the majority government, I am going to suggest to my hon. friend that the use of time allocation is not some sort of new and innovative approach that has been taken by this government. I have been around here for some time, 17 years, much like the Chair, and I have seen this is very often used to keep the House moving and to keep legislation moving through the normal process.

In the case of the bill before the House, Bill C-36, the subject of this debate, the Supreme Court of Canada has specified a one-year period in which this legislation must respond to the gap in the Criminal Code that was created by the Bedford decision.

Therefore, there are expedited reasons to move this legislation forward, to get it through the second reading stage of the process and into committee so that we may have the ability, the somewhat unusual ability, for the justice committee to examine this legislation in greater detail and to hear from witnesses. We are looking at doing a similar process, a simultaneous process with the Senate, so that we can meet the deadline.

When we return in the fall, that good work will be done by members of the justice committee, members of the House from all sides, to provide rigorous examination of the legislation, to provide feedback, to improve upon the bill, to bring it back to Parliament for debate in the fall, and to see that it then finishes the regular process of proceeding through this chamber and through the Senate and passes into law well in advance of that December deadline set by the Supreme Court of Canada.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, what a surprise. This is, what, the 72nd time? It is tempting to repeat the arguments we have been making since the first time the government moved a time allocation motion. This time, the motion is on Bill C-36, which was meant to be a response to the Supreme Court's ruling on certain sections of the Criminal Code.

However, I do not get the impression that this motion is meant to silence the opposition. It seems as though it is meant to hide the debate from the Conservatives' own base. That is what I would like to ask the minister.

Yesterday I read a rather interesting report after the Conservative caucus meeting. It appeared to be saying that the government's strategy was not clear. The Conservatives themselves are divided. Some support decriminalization, some support outright prohibition, and some are not happy with the government's decision because what it is doing is not clear. The government seems to want to hide things and speed up the debate, keep it under the radar and get the committee work done in the summer, when everyone is gone.

This is my question for the minister. Was this time allocation motion moved not to prevent the opposition from speaking, but to prevent his own colleagues from speaking to this bill?

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

That, in relation to Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts, 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 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.

Bill C-36—Notice of Time Allocation

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I do regret to advise that an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Justice

[Bob Dechert, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, Bill C-36, like all legislation, is reviewed by Department of Justice officials in terms of its constitutionality. The bill certainly does meet the requirements of the Constitution and the Charter of Rights and Freedoms. Members will have an opportunity to debate the bill in the House later this week and later at the justice committee. It will become apparent to them that the bill addresses all of the issues raised by the Supreme Court and provides for those involved in sex work to do it safely.