An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders)

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

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Mark Warawa  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends section 161 of the Criminal Code to require a court to consider making an order prohibiting certain offenders from being within two kilometres of a dwelling house where the victim is present without a parent or guardian and from being in a private vehicle with a person who is under the age of 16 years without the presence of the parent or guardian. It also amends subsection 732.1(2) (probation) to ensure that the offender abstains from communicating with any victim, witness or other person identified in a probation order, or refrains from going to any place specified in the order, except in accordance with certain conditions. It makes similar amendments to section 742.3 (conditional sentence orders) and subsection 810.1(3.02) (conditions of recognizance).
The enactment also amends section 133 of the Corrections and Conditional Release Act to add, as a compulsory condition of the parole, statutory release or unescorted temporary absence of an offender, the condition that the offender abstain from communicating with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with specified conditions.

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

Dec. 4, 2013 Passed That the Bill be now read a third time and do pass.

Criminal CodePrivate Members' Business

May 21st, 2013 / noon


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Conservative

The Acting Speaker Conservative Bruce Stanton

The hon. member for Brossard—La Prairie will have four minutes remaining when the members resume debate on the motion now before the House.

Is the hon. government whip rising on a point?

The House resumed from May 21 consideration of the motion that Bill C-489, an act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

June 6th, 2013 / 5:30 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is with pleasure that I stand today to speak on a bill that I acknowledge has come forward from a private member who deserves a lot of merit. Obviously the individual has put in a great deal of time and thought in bringing the bill forward.

In reading through his speech, I found that the MP for Langley made reference to a very personal situation in his constituency. I thought it was worth repeating because by doing so, we get a better appreciation of why the member felt so compelled to bring in this private member's bill.

He stated:

...a sex offender was permitted to serve a house arrest right next door to his young victim. In another case, the sex offender served house arrest across the street from the young victim. In both cases, the poor victims lived in fear and were re-victimized every time they saw their attacker.

I can appreciate why the member found this completely unacceptable.

All sorts of different crimes take place in our communities. When a crime is against a person, such as a physical assault or a sexual crime of any nature, it has quite a different impact compared with, let us say, a home break-in or a car theft, which are crimes of property damage.

We want our laws to not only ensure that there is some sort of a consequence when a person commits a crime but also that we can provide support for our victims, and we do that in different ways.

We want to prevent victims from being re-victimized by the same individual who might have caused them harm in the first place. I believe that is what the member is attempting to do with this piece of legislation. That is the reason I am very sympathetic to and comfortable with what the member is proposing to the House.

The restriction that we are talking about, a two-kilometre perimeter to not knowingly be in the presence of or living near a victim, seems to be a reasonable request.

Not travelling in a vehicle with someone who is 16 and under again seems to be a reasonable request.

There are all sorts of situations that could arise that I think members will try to deal with in a fair fashion, and I think that in this situation we are seeing just that.

I noted that the new restriction on sex offenders that is being proposed would prohibit sex offenders from being in close proximity to their victims. That is a substantive and ultimately, perhaps, a very useful change. That is why we feel fairly comfortable supporting the initiative from the member.

It is important that we recognize that often the interests of a victim are ignored, even though it might be unintentional, when a judge or another area of our judicial system takes an action.

The focus of our system is to look at the criminal and ensure that an appropriate consequence to whatever type of crime might have been committed is actually put into place. We think in terms of the consequence. Often, at times, the aspect that is left out is the consideration given to victims.

In this situation, we have a proactive approach in recognizing that there is more we could do. As such, the member is proposing an amendment to two pieces of legislation that would go a long way in dealing with that concern.

It is important that we recognize, as I have, that a sexual offence is a unique kind of offence that makes victims quite vulnerable. The violation is unique in comparison to other types of crimes, and we need to take that into consideration. There is a profound psychological impact that will often follow an individual for many years after being the victim of a sexual crime. Often victims will relive or suffer the consequences of the crime, while the perpetrator of the crime may come back into the community. As the member has pointed out, a perpetrator living next door to or always being around the victim re-victimizes the individual every time she or, in the odd case, he sees the perpetrator.

That said, it is important that we recognize that the bill is an attempt to prevent someone from being re-victimized. I appreciate the manner in which it has been brought forward.

Liberals take the issue of crime and safety in our communities very seriously. We want to ensure that our judicial system allows our judges the discretion to make good rulings and deliver appropriate consequences in all ways, as much as possible. By doing that, we are allowing judges to take into consideration a wide variety of potential reasons and rationales as to why a crime might have been committed in the first place, to contrast that with a number of other variables and to come up with a fair and just disposition.

Upon reflection, we might see that we do not necessarily have a perfect system. I do not believe any society in the world has a perfect system. At times there is a need to make changes to improve the system we have. In my short term in Ottawa, legislation has passed that has not necessarily taken a fair approach in the delivery of justice, but on occasion legislation with a great deal of merit in what it is hoping to achieve has passed and would receive fairly wide support.

It is the principle of what is being proposed that makes me fairly comfortable in saying that it is, in essence, a good bill that deserves support. I anticipate that it will likely pass.

Hopefully it will make a difference going forward, as I suspect it will, because, as I say, we are talking about a type of crime that makes a lot of people feel quite vulnerable because of its very nature.

Criminal CodePrivate Members' Business

June 6th, 2013 / 5:40 p.m.


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Conservative

Dan Albas Conservative Okanagan—Coquihalla, BC

Mr. Speaker, I rise in the House today to speak on Bill C-489, a bill that proposes to amend the Criminal Code and the Corrections and Conditional Release Act.

I would like to begin by recognizing the member for Langley for his hard work in bringing this important bill forward.

I would like to start by commending the hard work done by the member for Langley to introduce this bill to the House.

Like others in the House, I am a relatively new member here. However, in the few years I have been the member for Okanagan—Coquihalla, I have already encountered the very challenging situation on which this bill proposes to take action. I suspect I am not the only parliamentarian who has encountered these difficult situations.

When a victim who has been violently sexually assaulted learns that the criminal responsible seeks to return to the very same neighbourhood where these crimes were committed, serious challenges arise. Likewise, when a child predator desires to return to a neighbourhood, there are similar challenges.

These are not hypothetical situations. In fact, there have been three such incidents occurring in my riding over the past few years. These situations re-victimize and create legitimate fear. In some situations, it is even worse. No citizens should be forced to live in fear within their own neighbourhood.

When these situations arise and fearful citizens meet with their elected representatives, they need our help. They need action. That is why I commend the member for Langley, as his bill creates new tools that would help find the solution to these challenging situations.

This bill would enhance the safety of victims, children and the public when an offender is released into their community. Specifically, the bill proposes to amend existing provisions that provide authority to impose conditions on offenders who are already subject to probation orders, conditional sentences, child sexual offender prohibitions, child sexual offender peace bonds and conditional release orders made pursuant to the Corrections and Conditional Release Act, which include parole and temporary absences from federal penitentiaries. These five different orders cover the vast majority of situations where criminal offenders are released into a community.

The amendments proposed in Bill C-489 would ensure that courts take into consideration the implications that contact could create between an offender and victims, their families and witnesses. As an example, some of the proposed amendments would create mandatory non-contact conditions, while others would create new legal tools for the court to impose similar conditions on a discretionary basis.

Currently, section 161 of the Criminal Code does provide sentencing courts with the discretion to impose post-release conditions on offenders convicted of child sexual offences. These conditions can include prohibitions from attending a public place such as a park, playground or community centre where children are present; seeking, obtaining or continuing any employment that involves being in a position of trust toward a child; having any contact with a child; and using the Internet. In contrast, Bill C-489 proposes to add two new conditions to this list that would allow a geographical condition restricting the offender from being within two kilometres of a home where a victim might be present without a parent or guardian, and the ability to prohibit an offender from being in a private vehicle with a child.

Bill C-489 also proposes important amendments to the list of mandatory conditions imposed upon an offender released into the community under a probation order, a conditional sentence order or a conditional release order made pursuant to the Corrections and Conditional Release Act.

In particular, it is proposed that sentencing courts or the Parole Board of Canada be required to prohibit offenders from communicating with victims, witnesses or other persons named in the order. This could also include a prohibition from going to any specified place.

What I view as important in Bill C-489 is that these conditions are considered mandatory. In other words, it becomes the default standard that in these situations offenders are prohibited from making contact with their victims.

However, Bill C-489 also recognizes that if exceptional circumstances exist, the court or parole board may choose not to impose them. In other words, there is still flexibility. However, the default standard is to protect the witness and not the offender. In these exceptional circumstances, the court or parole board would be required to provide written reasons for not imposing such a condition. This would bring increased accountability and transparency to the process.

Bill C-489 also proposes to amend peace bonds, as defined under section 810.1. Currently, peace bonds are court-imposed orders that are issued when there are reasonable grounds to believe that an individual may commit a child sexual offence. These orders may be in effect to a maximum of two years and can also be renewed. Currently, these orders contain conditions that a judge believes are appropriate in the circumstances to prevent an offender from committing a child sexual offence.

Bill C-489 proposes to add new discretionary conditions that could prohibit communication with a person identified in the order or prohibit going to any specified place identified in the order. These new conditions would not be mandatory, and as such, would maintain the current discretionary approach that could be used by judges in issuing these orders. Ultimately, I believe that the measures proposed in the bill would help to ensure victims were better protected from offenders.

There is no question that Bill C-489 would strengthen the tools of our justice system that could be used to prevent offenders released into a community from contacting victims or from travelling to other locations where such contact could occur. In other words, it would eliminate loopholes that can be exploited under our current system.

These proposals would also ensure that, by default, victims had protections that often can only occur under the present system after an unfortunate incident has occurred.

Victims of crime, their families and witnesses deserve this default level of protection from offenders. People deserve to feel safe in their communities. That is why I will be supporting Bill C-489 moving forward to committee for further review and study. I believe these amendments are important in helping to close existing loopholes and to better protect victims.

I sincerely believe that these amendments are essential to improving the Criminal Code's current provisions and ensuring better protection for the victims of crime.

I also believe that increased clarity and enhanced public safety provisions in the bill would be of benefit to offenders' long-term interests as well. The current system, in my view, allows too much potential for conflict and has too many loopholes. These amendments would increase public safety by better protecting the rights of victims and their loved ones.

I had the opportunity to teach martial arts professionally for 15 years. During that time I trained hundreds, if not thousands, of young persons to better protect themselves from child predators, to look out for themselves. One of the things I did during that time was to give them the tools to help protect them.

Recently, a child asked me if I missed teaching martial arts. I certainly do miss elements, but I am devoted to helping make sure children get the protection they need.

The member for Langley has put together some very important amendments that I feel would help close these loopholes and better protect these children. There are also the members for Kootenay—Columbia and for Brampton—Springdale. All of them have brought forward important amendments to help protect children.

I ask all hon. members to join with me and with the member for Langley and support these important changes that would help keep our families safe.

Criminal CodePrivate Members' Business

June 6th, 2013 / 5:50 p.m.


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NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, it is never an easy thing to talk about a subject that concerns people who have been the victims of crimes such as violence or sexual assault. I can very clearly imagine the victims’ frame of mind.

Although the legislation permits a certain level of control over the accused or the person convicted of a crime, the restrictions with regard to the victim are not enforced immediately. At the moment, these restrictions are the responsibility of wardens, the Commissioner of the Correctional Service of Canada, and the Parole Board of Canada.

Bill C-489 makes it mandatory to impose certain provisions, which until now have been imposed on an ad hoc basis. This should help the victims of crime feel safer while at the same time giving them the tools they need to know what is happening with their attacker once the sentence has been handed down. Unlike other measures that have resulted from the Conservatives’ “tough on crime” mentality, I must admit that the bill is just common sense and it should be allowed to continue its course. I will therefore support the bill at second reading.

That said, I recommend that the government hold all the necessary consultations—I repeat, all the necessary consultations—and listen to what all those involved have to say, in order to draft legislation that is truly appropriate.

I am in favour of the bill because I fully support measures that promote fairness and protect victims. I approve of this measure in the same way and in the same spirit as I would approve of subsidized housing, for example. It is a social justice issue. It goes without saying that some victims of crime have suffered immeasurably. My desire to help them arises not from sensationalism, but from the point of view of a world where everyone is treated fairly. From this perspective, it makes sense to try to offer greater peace of mind to those who have lived through difficult and disturbing events.

That being said, the NDP will consult with victims’ groups in order to find out whether Bill C-489 really responds to their needs or whether it will only apply in rare cases. We have an opportunity to listen to them and draft a bill that is based on fact. We must seize this opportunity at any cost, and work together with the citizens of this country.

In addition to listening to what victims of crime have to say, I would also like to ensure the bill is scrupulously constitutional. Bill C-489 has all the elements for success, but we know that there is a weakness in terms of clause 1, the clause amending subsection 161(1) of the Criminal Code.

This reservation comes from the clerk of the Subcommittee on Private Members' Business, who expressed concerns about the constitutionality of such a measure, one of his reasons being because the offender is expected to know the address of the victim’s residence. It should be noted that the committee nevertheless deemed the bill votable. It is surely not a shortcoming that is impossible to correct, and I am convinced that we will be able to clarify the matter before third reading.

In order to give the victims of crime the best protection we can, I think it is important to consider these few reservations. We have before us an opportunity to improve Bill C-489 and give Canadians a bill that lives up to their expectations.

Furthermore, it is interesting to mention the point of view of Michael Spratt, of the Criminal Lawyers' Association of Ontario. In Mr. Spratt's view, Bill C-489 may be difficult to enforce in its current state, because it may lead to disproportionate measures.

This bill is quite restrictive because of the mandatory nature of the measures it puts in place.

In addition, there are already provisions that impose a minimum distance of 100 metres between the criminal and the victim, and others that prohibit contact between those on probation and their victims. We know that it is not always a simple matter to ensure this is respected.

Mr. Spratt concluded that Bill C-489 would be difficult to enforce in small communities, as well as in urban areas, as the distances are smaller. In his view, the fact that the bill could technically be used in an extreme way in the case of relatively minor offences threatens its constitutionality.

These are interesting issues that have been brought forward by someone who knows what he is talking about. We will therefore have to consider the bill in greater detail and ensure that everything is correct. After all, if the Conservatives are defending the constitutionality of an institution as antiquated as the Senate, surely they will not have any problem refining Bill C-489.

I will not go as far as to say, as Mr. Spratt did, that the bill is a disproportionate response to very specific cases, but this is my own opinion. I think that there is in fact room for providing better protection for victims of crime. For instance, the bill could allow victims to have more information about the stages in their attacker's correctional process.

It may well be very worrying for a victim to be unaware of what is happening to the person who caused him harm, once the sentence has been handed down. Will the offender be getting out of prison soon? What is his behaviour like? Has he begun the rehabilitation process? For a person who has suffered enormously from someone else’s actions, it may be reassuring to believe that it is possible to correct deviant behaviour.

Furthermore, this is the underlying principle of our correctional system. I am pleased to see that the Conservatives all believe that a person can change and correct his behaviour, as it partly opens the door to many options that the core of their “tough on crime” approach obsolete.

In conclusion, I would like to say that I support Bill C-489 at second reading because I believe we must help victims of crime for the simple reason that it is fair to do so. However, I urge the House to listen carefully to the recommendations made by those who are the most affected by considering the recommendations made by groups representing victims of crime.

Criminal CodePrivate Members' Business

June 6th, 2013 / 6 p.m.


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Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, like so many of my colleagues, I am happy to be able to speak today with respect to my colleague's private member's bill, Bill C-489, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders).

I am proud to support this bill. It is another great piece of legislation that has been brought forward either by our government or members of our government who bring forward what I like to describe as, in many cases, common sense and practical solutions to some of the issues that are facing our criminal justice system today.

It reminds me of a couple of other pieces of legislation that we have brought forward, for example, when we brought forward the issue with victim surcharges. Part of the problem in that case was that judges were not imposing the surcharge, and when they did not, they were supposed to give written reasons. We found out that 90% of the time that surcharges were not imposed, the judges did not actually give written reasons. We made it mandatory that those victim surcharges would be put in place.

This bill would continue to support our agenda to make sure that our streets and communities are safe for all Canadians. It does it in a couple of meaningful ways, and I will go into that as I speak about it.

In a quick summary, the bill would ensure that sentencing courts and parole boards more regularly impose conditions when appropriate to prohibit specific types of contact between offenders and their victims. It proposes that such conditions be imposed to protect witnesses and other individuals who need similar protection.

Again, I say these kinds of things that are being brought forward just make sense. If we asked the average person if there should be conditions to prohibit types of conduct between offenders and victims, people would say, “Yes, that makes sense”.

I am not surprised that in many instances the opposition and opposition members would suggest this bill is not necessary, because the current law already provides that this could take place, but that is the problem. These conditions are not being put in place in many circumstances.

That is the same issue as the victim surcharge issue. For example, in this case, prohibition orders always include three mandatory conditions. These conditions are to keep the peace and be of good behaviour, of course the promise to appear when required, and to notify the court or probation officer in advance of any change of name or address, or any change of employment or occupation.

A sentencing court may also impose any of the optional conditions that are set out in subsection 732.1(3) of the Criminal Code, which includes drug and alcohol prohibitions, restrictions against travel, weapon prohibitions, requirements to support dependants and community service conditions.

The list of mandatory and optional conditions does not include conditions that restrict contact between offenders and victims. This is what I go back to when I say these reforms are such common sense things. One would think that would be at the top of the agenda, restricting contact between the perpetrator of a crime and the victim of a crime. Sentencing courts are also not required to provide reasons when they do not choose to do that. I would submit that makes absolutely no sense when we take a moment to think about it.

Lastly, subsection 732.1(g.1) provides a residual condition under which a court may impose reasonable conditions that are desirable for protecting society and for facilitating the offender's successful reintegration into the community. It is only pursuant to this residual provision that a sentencing court has the authority to impose a condition that would limit contact between the victim and the offender, or prevent the offender from moving across the street from the victim. It is a residual provision.

This is why a reform like this is so absolutely necessary. There are some examples in the case law where sentencing courts have imposed conditions restricting contact between offenders and their victims. For instance, in the case of R v. Horton, the offender, a G20 demonstrator, was made subject to a condition of non-contact with a named police officer who was a victim of the offender's actions.

That said, the appellate decision on the use of this provision underlined the problems with respect to its use in limiting contact between offenders and their victims. Specifically, the courts may refuse such conditions if by their nature they act against the successful reintegration of the offender. This is upside down. This is topsy-turvy. This is what we are talking about. We are putting the rights of the person who perpetrated a crime ahead of the rights of a victim. These imbalances need to be addressed in our justice system.

The Supreme Court of Canada stressed that in order for the probation order conditions to be lawful, they must not offend the objectives of protecting society or the successful reintegration of the offender. It is saying both are important and have to be given due consideration. Two Supreme Court of Canada cases, R. v. Proulx and R. v. Shoker, were very clear about this principle. There must be a nexus between the condition imposed, the offender's behaviour, the protection of society and the successful reintegration of the offender into society. We are trying to reinstitute that balance to make sure that the victim and protection of society is going to be back in that equation. However, as I said, the offender's interests supersedes the rights of the victim and the protection of society, and that is exactly what we are going to address with this legislation.

A good example of this can be found in the decision of R. v. Rowe, where the Ontario Court of Appeal found that a condition directing a repeat domestic violent offender to stay out of the province of Ontario for the duration of the probation order would be an obstacle to the successful reintegration of the offender, a repeat domestic violent offender. That kind of an order is an obstacle to reintegration. What about the obstacle to the victim? That is what we are trying to put back into focus. This is a problem that makes relying on the existing provision difficult and why we need this reform.

As I stated before, the courts are not required to provide reasons for not imposing such conditions, so we do not even know if that condition was considered by the judge or why the judge considered it and did not impose it. These are the kinds of problems that we have with the existing legislation. As a result of this, non-contact conditions simply fall through the cracks, and victims are asking why no one thought about them, why are they falling through the cracks? These are important reforms.

Bill C-489 proposes a real sound solution to the problem that we are talking about. I go back to this again. What I say often is that it is common sense. When explained to average people on the street that we are making this kind of a change, they are shocked that the law did not provide for this before. They cannot believe it. The justice committee is studying some of the changes to not criminally responsible, and we let them know what some of the changes are. People cannot believe that the changes that we are proposing are not already in existence now.

Bill C-489 proposes to amend the probation provisions to make it mandatory for the courts to impose non-contact conditions, unless there are exceptional circumstances not to do so or unless the victim or other individuals mentioned in the order consent. This is going to give more protection, more mental protection as well, to victims. Imagine that a perpetrator continues to be in contact with a victim of domestic violence. The victim will ask why some kind of prohibition order was not put in place.

Many of the concerns I have identified are applicable to other orders. This is why Bill C-489 proposes that the same types of conditions be mandatory for conditional sentence orders imposed by sentencing courts and for all conditional releases imposed by the Parole Board of Canada.

This bill would also require courts to consider imposing such conditions in all child sex offender peace bonds. This just makes sense. It is a reform that we absolutely need to move forward with.

Victims, their families and witnesses need the protection of the courts and parole authorities when an offender is released into the community. We have to get this done; it is going to provide more safety and ensure that witnesses and victims are protected.

This legislation is consistent with our government's commitment to putting victims' rights back on the agenda. That is why I am proud to support the bill.

Criminal CodePrivate Members' Business

June 6th, 2013 / 6:10 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, it is my great pleasure to speak to Bill C-489. However, I definitely do not share the enthusiasm of my colleague who has just spoken.

I will explain that. I have had the honour of serving on the Standing Committee on Justice and Human Rights and having the opportunity to examine various private members’ bills brought forward by Conservative members. I will not pretend that it has not been somewhat dismaying to see the Conservatives’ remarkable talent for transforming gold into lead, using some process of alchemy that completely exceeds my powers of comprehension.

I sound like I am teasing or trying to make a joke about it, but we must always be very careful when we embark on amending the Criminal Code. This is fundamental, because the Criminal Code is very complex and has very wide application. Amendments can sometimes create more complications than solutions, at least when they are made without due care and attention.

However, I have to say that the bill introduced by the member for Langley is in fact very important. What is particularly worthwhile about it is that it potentially offers some real measures to protect and support victims of crime. That is what my New Democratic colleagues on the Standing Committee on Justice and Human Rights will be looking at very closely. I have absolutely no doubt of that.

We cannot deny that the bill is relatively promising. What concerns me, first, is the marketing job being done by the member for Langley and his colleagues. By focusing attention on the protection of minors, they are pandering to their political base. They are tugging at people’s heartstrings and then trying to score an easy goal in an area like this.

This is a very debatable approach. However, compared to a number of bills proposing Criminal Code amendments that were very punitive and went down the road of lengthening sentences for criminals, without a thought for victims, this is something innovative and different. As I said, it is promising, from what I have been able to see of it.

First of all, we will have to see what the effect of this bill is and what problem it will remedy. I am going to cite a case in Quebec City that received a lot of media coverage, the case of police officer Sandra Dion, who was a victim of a violent crime. She was assaulted with a screwdriver and was very traumatized. The worst thing is that Ms. Dion learned that the offender who had savagely attacked her, and who has psychiatric problems, was potentially eligible to live in a halfway house in Quebec City near her own home. This distressed her enormously. She reacted by moving to Ottawa for a few days. In fact, she came to try to meet with members and make them aware of her case, particularly members of the party in power. Her efforts met a somewhat disappointing fate.

However, based on her testimony and her case, and other similar cases, we can perhaps hope to improve the bill or at least determine whether it covers her situation. If not, we should improve the bill so she will have a way of getting what is needed so she can have some assurance of her safety and some influence over the situation and the release of the assailant who savagely attacked her.

I should note that Ms. Dion was in fact able to use the existing system to ensure that the authorities who supported releasing her assailant did not send him to the halfway house that had been planned, because it was not equipped to handle him, given his very significant medication needs.

As I said, I will support the bill at second reading because I have confidence in the work that will be done at the Standing Committee on Justice and Human Rights.

I would nonetheless like to share some concerns with my colleagues. When I was a member of the Standing Committee on Justice and Human Rights, I observed the Conservative members' very bad knee-jerk response as they sought to limit the powers of the judges and other authorities who carry out decisions.

I understand that some decisions made by the courts can sometimes be difficult for the public to understand, and decisions can seem out of sync with the media reports of a case, which unfortunately often do not tell the whole story.

Our justice system is predicated on the presumption of innocence. Obviously, it then provides for justice to be done, both for the complainant and for the defendant. If we do not maintain that balance, what confidence can all of the parties involved, not to mention the general public, have in our justice system?

When we too readily do an injustice, and do it repeatedly, it may offer a false sense of security, and that can lead to a great many problems in our society. There is nothing worse than an innocent person having to suffer the stigma associated with a charge and the impossibility or serious difficulty of restoring their good name or being able to shed all of the suspicion they have been tarred with.

To come back to the accused persons who are affected by the bill, we must never forget that every case is unique, although the law tries to cover all cases. One of the ideals is to make rules and provisions that apply generally and allow for some individualized interpretation or involvement by judges, with the help of the justice system and the lawyers, both for the Crown and for the defence. Instead of easily applying a strict rule that is inappropriate in some cases, the judgment of justice system experts can be applied in an individualized manner.

That is something that will have to be investigated and ascertained when the bill goes to the Standing Committee on Justice and Human Rights. I cannot emphasize that enough. I am in fact confident that my colleagues on the justice committee want to take a good look at this aspect, and I am going to watch the proceedings very closely.

To conclude, I cannot emphasize enough that, as I said at the outset, what is most worthwhile about the bill brought forward by the member for Langley is that it opens the door part-way to concrete measures that will potentially assist victims of crime in order to provide them with support. I think this is really the point we have to focus on. We have to hold onto that so we can find common ground, so we can propose a bill that will amend the targeted provisions in fairly and efficiently and genuinely protect the public interest.

I will hold onto that thin ray of hope.

Criminal CodePrivate Members' Business

June 6th, 2013 / 6:20 p.m.


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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Mr. Speaker, I am honoured to be here tonight to talk about the first bill I have ever had a hand in drafting. The mover of the bill said that some year and a half to two years ago he talked to me about the bill because of my past experience with criminal law and we generally drafted it out. Today, we draw the conclusion that it is a great bill and does exactly what this government has been doing since the beginning, and that is standing up for victims.

We have a criminal justice system in our country that puts straight laws out there and people either obey them or disobey them. If they disobey them, the police will arrest them and then the court will deal with them. However, victims have fallen through the cracks since 1892, when the first Criminal Code was enacted in Canada. Victims of crime have been left aside for too long. I am glad to see the member has recognized that and is standing up for victims, as is our government.

I have seen some very deplorable situations. In Fort McMurray, where I practised criminal law, I saw a situation where a father abused three of his daughters. He did not just abuse them as they grew up into their teens. He continued to abuse them for some 20 years thereafter even though there was no true physical contact. The abuse continued by way of being reminded of that crime forever. When people live only several blocks away from where they have grown up in a community, they are continuously put in front of that crime time and time again. I know this is something victims complain of often.

We need to ensure that those victims are protected forever, especially in cases of sexual assault, which is why this bill is good. However, as a past criminal lawyer, people who commit sexual assaults against children need to be monitored forever under strict and specific conditions, such as wearing an anklet or an electronic monitoring device and never out of sight of the authorities. I say that for a number of reasons. Many people would say that I am wrong in my assumption that these people cannot be cured. As a result of my experience, I do not believe the people who commit these violent, often unnecessary and quite horrid crimes can be cured. From my experience in the courts, it usually passes on from generation to generation and the victims continue to mount.

Our Conservative government will take more positions to support victims because that is the third pillar that was not properly dealt with. However, seeing all of the members in the House come together on a bill like this is very important. It sends a clear message to Canadians that we, as their representatives, will stand up for the weak and the needy when necessary.

I have known the member of Parliament for nine years. He has a very strong passion for his community and constituents and a lot of loyalty for our government, our Prime Minister and our country. I compliment him on this bill. He has done tremendous work on it. I know he would appreciate me saying more wonderful things about him. However, I can say for sure that, based on my criminal law experience, the bill goes a long way in protecting the victims who have been forgotten for too long. It falls fully in line with our government's commitment to keep our streets and communities safe.

I did mention that there were three pillars. The first is the police, the second is the courts and the third is the victims. In the bill, members will clearly see that it is mandatory for judges to impose conditions on these offenders that would keep them away from the victims and, as a result, incur less expense on the criminal justice system.

We do have criminal compensation in most provinces and services that are provided are psychological and mental health services. These are tremendously expensive. If we do not take steps to deal with victims of crime and the ability to keep them away from those continuous reminders of what took place and making them victims time and time again, it will also cost our system a lot of money.

I appreciate the opportunity to speak today. I would like to go over it again very briefly that on this side of the House we are standing up for victims. I am glad to see the other members of the House are doing the same thing and joining the Conservative government and the member for Langley to push this forward to committee and to get it passed at all stages.

Criminal CodePrivate Members' Business

June 6th, 2013 / 6:25 p.m.


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Conservative

Mark Warawa Conservative Langley, BC

Mr. Speaker, it is a real honour to speak to the bill.

I want to share with the House how the bill came about. About two years ago, a constituent visited me in my office. She was a mom and she told me the story about her daughter who had been sexually assaulted by the neighbour right across the street. That was a horrific experience for the whole family. Then the horror continued as the courts permitted the offender to serve a large portion of the sentence at home.

The family lived in terror, keeping its blinds closed. The members of the family were afraid to go out because they might have seen the offender. Every time they would return to their neighbourhood and home, a home that should be safe in a neighbourhood they loved, from work or school, the whole family, the mother, the father, the siblings would have this horrible feeling in their gut of whether they would see this person and how would they respond to the person.

It was a very friendly, close-knit neighbourhood, with neighbourhood barbecues on the street, and that all ended when the courts provided the offender the opportunity to serve the sentence at home, which was right across the street from the victim.

I appreciate my colleagues across the way expressing concern that this may be a knee-jerk reaction. I can assure them this is not. Shortly after reviewing this horrific story, I contacted other members, including the member for Fort McMurray—Athabasca. I knew of his legal experience. Through the consultation process, even talking to members across the way, Bill C-489 was developed.

I thank all members of the House for indicating support for the bill to go to the next step, the justice committee. It is important we develop something that will consider the victims and the impact of sentencing on the victims, and I believe the bill does that.

I thank the legal experts from private members' business. I thank the Minister of Justice and the minister's staff, particularly Dominic. I thank the Parliamentary Secretary to the Minister of Public Safety and the member for Okanagan—Coquihalla, the member for Brampton West, the member for Kildonan—St. Paul, the opposition members and the critics. I would not have been able to move forward without their help.

The duty of each of us is to make Parliament work. We are doing that with Bill C-489. I look forward to critiquing it, amending it, so it makes it even safer.

On behalf of all Canadians, I thank all members of Parliament as we work to make all Canadian homes safer.

Criminal CodePrivate Members' Business

June 6th, 2013 / 6:30 p.m.


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Conservative

The Acting Speaker Conservative Barry Devolin

Is the House ready for the question?

Criminal CodePrivate Members' Business

June 6th, 2013 / 6:30 p.m.


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Some hon. members

Question.

Criminal CodePrivate Members' Business

June 6th, 2013 / 6:30 p.m.


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Conservative

The Acting Speaker Conservative Barry Devolin

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Criminal CodePrivate Members' Business

June 6th, 2013 / 6:30 p.m.


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Some hon. members

Agreed.

Criminal CodePrivate Members' Business

June 6th, 2013 / 6:30 p.m.


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Conservative

The Acting Speaker Conservative Barry Devolin

The motion is adopted.

Accordingly, the bill stands referred to the Standing Committee on Justice and Human Rights.

(Motion agreed to, bill read the second time and referred to a committee)