Bill C-489 (Historical)

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

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.

Criminal Code

[Mark Warawa, Conservative, Langley, BC]

moved 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.

Mr. Speaker, I want to thank the member for Chilliwack—Fraser Canyon for seconding this motion.

I am honoured to stand here and speak on my new Bill C-489, which is also called the “safe at home bill”. I do so on behalf of my constituents in Langley and other young victims who have lived in fear of their offenders. I am in awe of their bravery and courage to fight for the rights of future victims.

In my riding of Langley, two brave families lived in constant turmoil when the sex offenders of their children were permitted to serve house arrest in their neighbourhoods. In one case, the sex offender served a sentence right across the street from the victim, and in the other case, right next door. That is outrageous.

Neither child felt safe in their home or their neighbourhood, which is the very place where they should feel the safest. Their doors were locked and the blinds were kept closed. Every time they saw the sex offender the entire family was re-victimized. The families lived in continual turmoil as they watched the offenders possibly looking for an opportunity to reoffend or hurt somebody else. Their homes in the neighbourhoods that they had loved were now places they dreaded because their attackers were there. One family could not take the stress any more, which forced them to move out of the neighbourhood they had spent so many years loving.

One mother came to my office and asked me, “Why should we have to move from our home when we are the victims?” That is a good question. Everyone should have the right to feel safe in their home, and victims of sexual assault should be no exception.

This is why I brought forward Bill C-489, which I believe meets these important concerns head-on. If passed, the bill would help to ensure the safety of victims and witnesses from convicted offenders. It would enhance the level of confidence that victims have in the justice system as well as help them feel that the justice system is hearing and responding to their concerns. The bill would achieve these objectives by proposing a number of amendments to the Criminal Code and the Corrections and Conditional Release Act.

Bill C-489 would prevent offenders, when released from prison, from contacting victims or witnesses. Specifically, the bill proposes that when an offender is convicted of a child sexual offence, the sentencing court would be required to consider imposing a specific geographic restriction of two kilometres from any dwelling in which the offender knows or ought to know that a victim may be present as well as a condition prohibiting the offender from being alone in any private vehicle with a child under the age of 16. Efforts to prevent contact between offenders and their victims should serve to increase public safety and victims' confidence in the sentencing process.

The bill would also require courts to impose conditions in all probation orders and conditional sentencing orders prohibiting an offender from communicating with any victim or witness, or from going to any place identified in the order. Although these conditions would be mandatory, the court could decide not to impose them if the victim or witness consented or if the court found exceptional circumstances, in which case written reasons would be required to explain the findings. I believe this would enhance public safety and confidence in the justice system by helping to ensure that victims and witnesses would not be contacted by offenders upon their release into the community except in exceptional circumstances or where the individual consents.

The bill also proposes to amend recognizance or peace bonds against individuals when there is a reasonable fear that they may commit a future child sex offence.

Specifically, the bill proposes to amend Section 810.1, peace bonds, to require a court to consider imposing conditions prohibiting the defendant from contacting any individual or going to any place named in the recognizance. As with the proposed probation and conditional sentence order amendments, the court could choose not to impose the conditions in the peace bond where there is consent of the individual or where the court finds exceptional circumstances. This amendment would also lead to enhanced public safety for victims and witnesses.

Lastly, Bill C-489 proposes to amend the Corrections and Conditional Release Act, or the CCRA, to require decision-makers under that act to consider similar conditions. I would like to consider this amendment a bit more fully.

Currently under the CCRA, Parole Board of Canada tribunals and correctional officials are authorized to impose conditions on an offender when the individual is being released into the community under parole, stat release or temporary absence orders. This type of gradual and supervised conditional release into the community prior to the expiration of sentence is intended to help ensure public safety and successful reintegration of the offender into society. This is especially true where the offender has been imprisoned for many years and will have difficulty re-entering society without a carefully planned and monitored release strategy that includes tailored conditions and specialized programs that the offender must abide by at all times.

According to the 2012 Conditional Services of Canada annual report, there are currently about 22,000 offenders under the authority of the federal corrections system. About two-thirds of these offenders were convicted of a violent or sexual offence. About 38%, almost 9,000 offenders, are at any given time under active supervision in the community by corrections officers. All 9,000 of those offenders are required to abide by a mix of mandatory and discretionary conditions imposed by the authority of the CCRA. If offenders breach their conditions, they are subject to disciplinary measures, including having their conditional release revoked and being required to serve out the remainder of their sentence in prison. As the CCRA is currently structured, Section 133 provides the authority of the Parole Board of Canada, for example, to impose at its discretion any type of condition that meets the two objectives of conditional release. The first and primary consideration is public safety.

The second consideration is the successful reintegration of the offender into the community. Section 133 also references the regulations of the CCRA regarding mandatory conditions of release. Under this legislative authority, Section 161 of the regulations prescribes a number of specific conditions that must be imposed for all offenders in the community under conditional release, such as reporting as required to their parole officer, not possessing any weapons and reporting any changes in their address or employment, among other things.

While it is not uncommon for the Parole Board of Canada under the current regime to exercise its discretion to impose conditions prohibiting contact between offenders and victims when released, the point is that these are not mandatory conditions nor are these conditions that the Parole Board of Canada is required to consider under the current Section 133. I spoke earlier about the two cases in my riding of Langley where the victims and their families felt that their welfare had not been taken into account when these decisions were made by the Parole Board of Canada.

One of the objectives of Bill C-489 is to respond to these types of concerns. It proposes new mandatory conditions prohibiting the offender from communicating with any identified victims or witnesses and from going to a place identified in the condition. This objective is entirely consistent with the government's initiatives that have provided a greater emphasis on safer communities in general and victims in particular.

As with the bill's other proposed amendments, the releasing authority would not have to impose the condition if there were exceptional circumstances or if the identified individual consented. These two exceptions would ensure that the provision is flexible enough to accommodate the types of circumstances that would undoubtedly occur in practice.

Where the releasing authority does find that exceptional circumstances do exist, reasons for making that finding must be provided in writing explaining how it came to that conclusion. I believe this requirement would ensure that victims and witnesses better understand the Parole Board's decisions.

I expect that the Standing Committee on Justice and Human Rights will want to fully consider this bill and its operational impacts to ensure that it operates as intended and that its objectives are fully achieved.

Public confidence in our justice system is important. It pains me to hear from victims of crime that they have to speak out to say that they have been forgotten and that the justice system does not consider how sentencing affects them. This is a gap that Bill C-489 seeks to address and I believe it hits the mark.

I hope by tabling this bill that this House and this government will act to enhance public safety by holding criminals accountable, by enhancing the voice of the victims and by making victims feel safe in their homes and neighbourhoods. I ask for support from the hon. members in the House in helping to get the bill passed into law so that young victims and their families can feel safe at home and in their neighbourhoods.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I thank my Conservative colleague for his Bill C-489.

I would just like to ask him a quick question. I understand that the Subcommittee on Private Members’ Business studied the bill and deemed it votable, which is why we are now considering it in the House. However, the clerk stated that clause 1 of the bill, amending subsection 161(1) of the Criminal Code, could pose problems. He pointed out that although this clause was not clearly unconstitutional, it could still face a constitutional challenge.

I would therefore ask my hon. colleague whether he consulted with constitutional experts—other than the law clerks who help us draft bills—to ensure that the bill was indeed constitutional.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I have consulted. I started working on this bill about two years ago. It was initiated by a Langley resident who came to my office and asked the important question, “If we are the victims, why should we have to leave our home?”

The experts have indicated that the bill is sound. It would provide the courts the discretion they need. Therefore, I believe it would withstand the challenge. The experts have told me so.

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

Mr. Speaker, I thank the member for Langley for this very important bill. There are many victims in this country who have never felt as if they have been heard.

Our government has done much. It is a government for the victims. As the member has described the bill today, I would like to ask him this. It seems unconscionable that a family would have to close their blinds or run away from the perpetrator after it has been proven that he or she has committed a violent or sexual act against a minor. Could the member expand on what it is like for the constituents in his riding to have to endure this because often as parliamentarians we forget how difficult it is for victims?

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, if your child were sexually assaulted, can you imagine how you would feel toward the offender?

The reintegration of the person who has committed that offence is important. We need to make sure those persons deal with what has caused them to commit that offence. However we also need to consider the victims.

In one case the offender lived right next door to the victim's family. In another case, the victim's family lived right across the street from the offender. Every time they saw the offender cutting the lawn, being out and living life quite normally, it created a huge turmoil in the victim's family. The stress it created on the family was intolerable and eventually they had to move out. The neighbourhood used to have barbecues. It was a very tight, close neighbourhood. It all ended when the offender was permitted to serve the sentence at home.

We need to consider the rights of the victim.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, some towns in my community do not even cover two kilometres. These are really small towns.

I would like to know how this standard would apply to such places.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, that is a very good question. In the initial draft of my bill, it was a five-kilometre separation. We quickly found that would not be practical and changed it to two.

That may not be practical in certain circumstances. That is why the bill provides discretion to the courts. They do not necessarily have to do this, but they would have to provide a reason why not.

Two kilometres sets the standard. If two kilometres does not work in certain circumstances, it would be adjusted to what is practical.

The principle is, though, that a victim should not have to see, on a daily basis, the offender serving the sentence right across the street from them. The courts will determine what is reasonable.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I am pleased to rise in the House to speak to Bill C-489, introduced by the hon. member for Langley. This important bill certainly addresses a number of problems that many people have raised, including the ombudsman for victims.

The New Democratic Party does not play political games with bills amending the Criminal Code. We feel it is better to address serious issues and solve serious problems in a logical way that is consistent with the Criminal Code.

Since I like to get straight to the point, I will say to the member opposite that we are going to support his bill at second reading. We believe that everyone in the House should be concerned about victims, not for a political purpose, but because we really want to help them on the path to recovery—if there is such a path, because it is not always clear. Some horrible crimes cause such terrible harm that, regardless of what we can do to mitigate things, regardless of anything we can do, it will never go away.

To follow up on the question I asked my colleague about Bill C-489, I think the study by the Standing Committee on Justice and Human Rights will help us see if the bill can pass the charter compatibility test. When the Subcommittee on Private Members' Business was studying the bill, the clerk said that it was not clearly unconstitutional, but that it could be susceptible to a constitutional challenge. That sends a message. The committee will determine if this passes the compatibility test.

When she asked her excellent question, my colleague from Abitibi—Témiscamingue clearly said that, for a number of reasons, it might be difficult to apply Bill C-489 in some cases. For one thing, it would prevent someone from moving to an area near the victim. That implies that the criminal serving a sentence would know where the victim lives, which seems problematic to me. Something about that bothers me.

However, as I told my colleagues when we were studying Bill C-489 before recommending that it be supported at second reading, I appreciate that some discretion was left to the courts. The committee will also have to verify whether the courts will be able to fully exercise their discretion.

This discretion should not be seen as some undefined power. The public sometimes sees it as being soft on criminals, to the detriment of victims. Here, it simply means that judges will look at the facts of each individual case.

In some circumstances, it may be difficult to set certain conditions. For example, it may be more difficult in a town than in a city, where the offender could live 5, 6 or 7 kilometres away.

I appreciate how my colleague from Langley crafted his bill. He did not strip the courts of all discretionary power, as the government opposite so often does. That approach jeopardizes bills, even those that the Conservative government passes, because there is a large black cloud hovering over their heads, and it leads defence lawyers to challenge certain provisions.

We cannot allow this legal game to even get started. We need to make it clear that the facts will be looked at on a case-by-case basis. Therefore, the best sentence will be applied in each situation, once the person is found guilty. The judge is in the best position to do that, or the jury in certain circumstances.

That is why this bill is so important. We have been saying that all along, despite what is being said at press conferences. I am tired of hearing it, particularly from the Minister of Justice. In my opinion, he should rise above the fray. The justice minister and Attorney General of Canada is not simply a political partisan, he is the keeper of Canadian laws. In that context, I feel that always bringing the debate back to “we're tough on crime, they're soft on crime” demeans his public office. It is a question of respect for the law.

All the NDP justice critics have taken this position. I would have liked to name them, but since I am not allowed to do so, I will just say that I am talking about the hon. member for St. John's East and his predecessor. I can never remember the riding names. What matters is that I remember the name of my own riding.

[An hon. member]

Windsor—Tecumseh.

[Françoise Boivin, NDP, Gatineau, QC]

Yes. It was the hon. member for Windsor—Tecumseh. That is teamwork.

We have always had this view of the law. We are making sure that the government respects justice. We never look at it from the perspective of what we want to accomplish. The government is there. It is in power until 2015. We may not be happy about it, particularly in light of the events that we followed with great interest during the week that we spent in our ridings, events that people were asking us about. Even though we did not want to get involved, we did not have a choice. I am talking about the magnificent chamber across the hall. Regardless, we believe that the law is sacred in Canada. Our country and our democracy are built on the rule of law.

When we ask questions about the legality or constitutionality of a bill, it is not just to get in the government's way or because we are soft on crime. We do so because we abide by the rule of law.

In closing, I would like to reiterate that the NDP will vote in favour of this bill at second reading. That is not a guarantee that we will support the bill at all stages. I will not go that far, because I have my doubts. Sometimes, we do not have any doubts about a bill and we support it right from the start. Sometimes, we are completely convinced that a bill does not work and so we vote against it. At the very least, this bill seems to be worthwhile and it shows respect for victims. What is more, we know what the Federal Ombudsman for Victims of Crime said in his report.

The Minister of Justice is going from one press conference to another explaining that he is holding consultations to determine victims' needs. That sometimes makes me smile.

We know what victims need. Victims have been telling us loud and clear for years.

The Crown prosecutors' offices sometimes have difficulties consulting victims about criminal trials because they have an enormous number of files. This is not a criticism of the Crown prosecutors; they just are overwhelmed by the number of cases. There is a shortage of Crown prosecutors and judges, which means that trials go on endlessly. This increases the victims' suffering. It is a fact that the longer the trial, the more times the victim must return to court. The problems caused by the fact that they are victims of a crime are not considered. They get peanuts. The government may not like it, but even though its Bill C-37 was passed, victims get peanuts.

Moreover, victims are not always given an explanation of the sentences, even though they have many questions about them. People do not always have the time to explain them, and that is unfortunate.

In that context, we support any measure that respects victims' rights and takes them into account in order to help victims. We want the sentencing system to be punitive and also to focus on rehabilitation. The NDP will always insist on this because these people will return to society. I would prefer them to be good citizens and not bad citizens who take to crime again. We must look at the whole picture. The government has to stop compartmentalizing.

I would like to once again thank the member for Langley for introducing a very important bill that has our support at this stage.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I would like to enumerate some of the goals of the justice system, because it is important that we place legislation dealing with criminal offences and so on within the context of the principles that guide the justice system. We could say that the point of the justice system is, first, to reinforce acceptable norms of behaviour; second, to protect society from those who have proven that their actions can cause harm; and third, to ensure that only the guilty pay for their crimes and that the innocent are not convicted. These seem to be, in general, the overriding goals of our justice system, a system that has evolved slowly but surely over centuries.

It turns out that because the justice system is focusing on these three principles, often the interests of victims are ignored, albeit unintentionally. Bill C-489 would attempt to provide some assistance to victims.

Bill C-489 would deal mostly with sexual offences, though not exclusively, as I understand it. Sexual offences create a unique kind of vulnerability among the victims. They are a unique kind of violation compared to, for example, car theft or house break-ins when individuals are not at home. Both of those crimes create a terrible sense of vulnerability as well, but we are talking here of sexual offences and the particular sense of vulnerability they create.

I agree with the hon. member that the interests of victims of sexual crimes have often been overlooked in our criminal justice system. Liberals support the intent of Bill C-489. We are not certain that the bill would bring about meaningful progress in all cases for victims or prospective victims of sexual crimes. I say “prospective” victims, because the bill would also deal with recognizance orders, where an individual has not committed a criminal act but poses a threat to another person.

We support sending the bill to committee to ascertain its merits in attaining a goal that, obviously, we all share in this House.

I understand that the bill is motivated by the MP for Langley's particular experience with some victims in his riding. In fact, the member stated:

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

Obviously, that situation, which the hon. member for Langley described, leaves all members in disbelief and with a view that something should be done.

Bill C-489 would introduce two prohibitions through amendments to two laws. Number one, it would amend the Criminal Code, and number two, it would amend the Corrections and Conditional Release Act.

In terms of Criminal Code changes, as I understand it, the bill would deal with subsection 161(1) of the Criminal Code, which allows conditions to be placed on offenders who receive conditional discharges for sexual offences. This discharge is sometimes granted in cases where the offence carries no minimum sentence and a maximum possible sentence of less than 14 years. In this case, as I understand it, the accused would not have a criminal record if all of the conditions imposed as part of the conditional discharge were respected.

Bill C-489 seeks to add to the list of conditions that may be imposed by a judge. This is a very specific list, and as I understand it, the judge cannot impose conditions beyond this list. It is important that a specific point be made in adding this condition, because it is not something the judge could impose if he or she saw fit. We are talking about the condition that an offender must be no closer than two kilometres from the house where he or she knows or ought to know that the victim is alone. Similarly, another condition would be that the offender would not be allowed to be in a private vehicle with any person under the age of 16 without his or her guardians' consent.

It is important to note that the list of possible conditions in this instance is finite. There is no flexibility here for the judge to impose other conditions beyond those listed. Therefore, this is the only place where adding conditions might make sense, since it gives the sentencing judge the ability to prohibit the offender from living near the victim. As I said, it is important to specify the condition, because there is no latitude for the judge to impose it.

In the bill there is also a restriction on contacting victims. I am not sure if it pertains to those who have committed sexual offences. The bill extends the list of conditions the court must, or shall, prescribe for offenders on probation.

At the moment, section 732.1 of the code has two sets of conditions. One set is conditions the judge shall impose. The second set is conditions the judge may impose.

In this case, the bill would add a new “shall” condition. The court would have to impose this condition on an offender, for example, who is on probation or is under a conditional sentence. If it chose not to impose the condition, the court would have to explain, in writing, why it was not choosing to add this condition.

We understand the intent of this part of the bill. What I would say is that, at the moment, the list of possible conditions for probation orders and conditional sentences both include “such other reasonable conditions as the court considers desirable.” In other words, in this case, the judge has the latitude to impose conditions that are not specifically prescribed on a list. Presumably, the court could already order offenders not to have contact with their victims or not to visit certain places, if it saw fit to do so.

The point I am trying to make is that unlike the first amendment, about staying within two kilometres of where the victim would be residing, in this case, we have to ask ourselves if this particular amendment to the Criminal Code is necessary, given that the court already has the latitude to impose this condition.

I congratulate the hon. member for bringing this bill forward. I know that he is attempting to address a very serious flaw in our criminal justice system. I look forward to discussing and studying the bill at committee so that we can see and understand the extent to which the bill achieves its stated goals.

[Candice Bergen, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, I am very privileged to rise today to speak in support of private member's Bill C-489, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders), introduced by my colleague, the member of Parliament for Langley.

I want to begin by congratulating the bill's sponsor for the work he has put into this very important piece of legislation. I believe it is entirely consistent with our government's commitment to making our streets and communities safer for Canadians and to better meeting the needs and concerns of victims.

The bill's objective is clear. It proposes to enhance the protection of victims and witnesses and to prevent their re-victimization when an offender is released into the community. It addresses concerns expressed by victims and witnesses across Canada that they should not have to feel threatened by the prospect of an offender watching them, following them, phoning them, or attempting to contact them in any way once they are released into the community. The bill meets this objective by targeting existing provisions that currently provide authority for conditions to be placed on offenders after they have been convicted of a criminal offence, or in some cases, if there is reason to believe that they will commit a child sexual offence.

Generally speaking, the purpose of these types of existing conditions is to ensure public safety and the successful reintegration of the offender into the community. They are imposed at various stages of the process, such as at sentencing; for child sexual offender prohibition orders, probation orders and conditional sentence orders; just prior to release from prison on parole or conditional release orders; and before someone is charged, but there is a reasonable belief that he or she may commit a child sexual offence while under a peace bond.

Statistics Canada data indicates that about 105,000 or more orders per year may be affected if Bill C-489 becomes law. Our government will be supporting the bill while proposing amendments to ensure clarity and consistency and to take into account recent Criminal Code amendments.

I would like to take a few moments to consider the first order Bill C-489 proposes to amend, section 161 of the Criminal Code prohibition order. Under this section, at the time of sentencing an individual convicted of a listed sexual offence against a child under the age of 16, the court must consider imposing listed prohibitions, such as not attending public parks, school yards and other places where children are often present. While the current provision makes it mandatory for the court to consider these conditions, the court retains the discretion not to impose the order. The prohibition order takes effect upon the offender's release into the community and can last up to the lifetime of the offender.

First, the bill would require the court to consider imposing a geographical condition restricting the offender from being within two kilometres of any dwelling house in which a victim could reasonably be expected to be present without a parent or guardian. Second, it would require a court to also consider prohibiting the offender from being in a private vehicle with any child under the age of 16 without a parent or guardian.

It is possible, however, that this two-kilometre limit may be challenging to implement, something I believe the Standing Committee on Justice and Human Rights should consider when it studies the bill.

I also agree that a child sexual offender should not have unsupervised access to a child. In fact, members will recall that the Safe Streets and Communities Act amended section 161 of the Criminal Code by adding two new conditions: prohibiting the offender from having any unsupervised contact with a child under age 16 and prohibiting the offender from having unsupervised use of the Internet.

The bill before us would also amend both the probation and conditional sentence provisions of the Criminal Code by prohibiting the offender from communicating with the victim, witnesses or any other person identified in the order or from going to any place specified in the order.

These proposed new conditions would be mandatory whenever a sentence included a probation or conditions sentence order, with two exceptions. First, the court could choose not to impose the condition if the identified person in the order consented. Second, the court could decide not to impose the condition where it found that exceptional circumstances existed. In the latter case, the court would be required to provide written reasons explaining this decision.

This proposed approach would provide the court with some flexibility, which I believe is needed. It is possible, however, that requiring written reasons for declining to make the order in exceptional circumstances may have some impact on the day-to-day operations of the courts. I am also aware that similar provisions exist elsewhere in the Criminal Code and instead require reasons to be stated on the record. This, too, is something I believe the justice committee will no doubt take into consideration and look at when it is studying the bill.

The bill also proposes to include similar conditions for section 810.1 of the Criminal Code, recognizing orders often referred to as peace bonds. These are imposed where it is reasonably feared that the defendant will commit one of the enumerated sexual offences against a child under the age of 16. The bill proposes to amend this provision to require the court to consider imposing a condition prohibiting any form of communication between the defendant and any individual named by the court, or prohibiting going to any specified place, unless the named individual consents or unless the court finds, as I mentioned, exceptional circumstances exist to permit such contact.

I agree that the court must consider these types of conditions, and I look forward to this proposal being reviewed in more detail at the committee to ensure that the provision will function as the sponsor of the bill has intended.

Finally, the bill would also provide the authority for imposing specific types of non-contact conditions under conditional release orders pursuant to the Corrections and Conditional Release Act, which includes parole orders, statutory release orders and orders for temporary absence from federal penitentiaries. Specifically, the bill proposes to amend section 133 of the Corrections and Conditional Release Act to require the Parole Board of Canada or other releasing authority to impose conditions that prohibit contact with a witness, victim or other specified person, or from going to specific places unless there is consent or there are exceptional circumstances for not doing so. For the same reasons I have already mentioned, I do support the proposal in Bill C-489.

The sponsor of the bill, the member for Langley, has explained why he introduced the bill, namely because the safety and well-being of victims in his riding were not being taken into consideration. Indeed, if it is happening in his riding, we know it is happening in other parts of the country.

The victims were not being taken into consideration when decisions were being made regarding the release of offenders into his community. I agree that Bill C-489 responds to these concerns and would help to enable victims, their families, witnesses and other individuals to feel safe in their homes and in their communities when these offenders are released back into the community.

Moreover, the bill is consistent with our government's commitment to make Canada's streets and communities safer by holding violent criminals accountable and by increasing the efficiency of our justice system. It is also very consistent with our government's commitment to giving victims of crime a stronger voice, one that can be heard, listened to and given consideration in our criminal justice system.

We support Bill C-489. I look forward to other members of the House supporting it. We can study it further in committee.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I speak today about Bill C-489, an act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders). It is a privilege to speak on behalf of my constituents of Surrey North about this important bill. As my hon. colleague, the member for Gatineau, has pointed out in a previous speech, it is rare that we as MPs have the opportunity to discuss something that has a tangible outcome for our constituents. It is a privilege to be able to bring a Surrey North perspective to this debate.

The NDP has a solid history of advocating for survivors of violent crimes, particularly in reference to gendered violence and violence against children.

In my own riding, offenders who are released from detention have moved into neighbourhoods where constituents are worried for their safety and the safety of their families.

My predecessor NDP MP, Penny Priddy, along with other MPs from British Columbia, previously proposed measures to assist municipalities in the management of violent offenders. They have called for federal funding for communities that must pay extraordinary costs to monitor these offenders, to support mental health facilities and addiction services, and to provide appropriate housing for the reintegration process. Lack of funding has not prevented hard-working professionals from addressing this concern. We have seen from the federal side, over the last number of years, a downloading of a number of services to the provinces and, eventually, to the municipalities.

However, Surrey's crime reduction strategy has been heralded as the most comprehensive community-based initiative intended to reduce delinquency and re-offence. It builds community capacity to address crime while providing rehabilitation and reintegration assistance to the offenders.

Surrey's program has been particularly successful because of the extensive collaboration between law enforcement and correction services, non-profit organizations, the Surrey school board, the Surrey Board of Trade and other community organizations. I am also grateful for the professionals who work in rehabilitation and half-way house services, and I encourage a perspective of rehabilitation and social integration in our justice system.

The bill proposes restricting certain offenders from being within two kilometres of a house where a victim is present without a parent or a guardian, or from being in a vehicle with a person who is under the age of 16 years old without the presence of a parent or a guardian. It also would potentially prevent certain offenders from communicating with any victim, witness or any other person identified in a probation order, or from going anyplace specified in the order, except in accordance with specified conditions.

This is an important bill for violent crime survivors' rights, and it must be examined with the needs of survivors in mind. Along with my NDP colleagues, I am in favour of Bill C-489, as we are in favour of any proposal that would protect vulnerable members of our society.

Although well intentioned, the structure of the justice system often retraumatizes the very people it is trying to protect. It is well documented that witnesses and survivors, particularly of gendered crimes and cases involving children, are revictimized throughout the justice process, particularly when the victim must confront the alleged offender at trial.

Once the ordeal is over, survivors can begin their healing journey. However, imagine a survivor's shock when the offender returns to the neighbourhood. The retraumatization of having to see this person every day could undoubtedly lead to increased mental health issues and challenges to the healing of the survivor.

Although victims understand that offenders will eventually be released, it is imperative that they be informed of the release and the relocation.

Research has proven that knowledge about the offender and the rehabilitation of such can be incorporated into the psychological healing journey of the survivor. The knowledge that the offender is taking steps to address the reasons for his or her crime could be relieving to some survivors.

Furthermore, information on the offender's relocation is essential to the development of a safety plan and a general feeling of security.

However, as with any proposal that would affect Canadian lives, we need to ensure that the bill would offer suitable solutions.

The NDP proposes that there be extensive consultations with victim rights groups to ensure that Bill C-489 offers adequate and appropriate protection for survivors of violence. I am particularly interested in gaining the perspective of organizations in my community, such as the Surrey Women's Centre, The Centre for Child Development and Options Community Services. By talking to these front-line service providers, families and local enforcement agencies, we can gauge whether the bill, in its current form, would address the needs of the most vulnerable.

Throughout our discussions today, we need to be conscious of the fact that most crimes are unreported, particularly sexual assaults, and if they are reported, often survivor stories are not believed. Contrary to the “stranger danger” myth, the University of Toronto reports that in as many as 85% of sexual assault cases, the survivors know their attackers. As found by Calgary Communities Against Sexual Abuse, if children are the target of violence, in 75% of the cases they know the offender, who is usually a relative or family member.

Power imbalance between the victim and offender and even the victim and justice services, as well as societal reception of certain crimes, often averts survivors from reporting. This means that many survivors are forced to relive their trauma without closure, justice and adequate support services. If the offender is a close relative, friend or community member, the survivor may be forced to continue to see the offender on a regular basis, reliving the trauma first experienced and making him or her increasingly vulnerable to further violence.

Today we may not be able to change the lives of survivors of unreported crimes. However, through a debate in the House, we have the power to make a real change in the lives of those people who we can help. We need to do what we can here in the House to say that the retraumatization and revictimization of survivors of violence, particularly women, youth and children, is not okay. We need to protect survivors and empower them to continue their journey of healing.

I encourage my hon. colleagues in the House to reflect on these ideas while remaining conscious of the power we have in our positions as members of Parliament. We need to use this power to support survivors of violent crimes and continue to support tangible solutions for prevention, the justice system and protection of victims rights.

I encourage members of the justice committee to examine this bill further, to look at ways we can protect victims and provide services to victims of crime.

[The Acting Speaker, Conservative, Bruce Stanton]

Before I recognize the hon. member for Brossard—La Prairie, I will let him know that there remains approximately six minutes in the time allotted for private members' business. Of course, he will have the remaining time available when the House returns to debate on this question.

Resuming debate, the hon. member for Brossard—La Prairie.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I rise today to speak to Bill C-489, An Act to amend the Criminal Code and the Corrections and Conditional Release Act.

I would first like to congratulate my colleague, the hon. member for Langley, on his initiative. We in the NDP understand that steps have been taken for both victims and witnesses. We understand where he is coming from on this. We know he met with people in his riding who went to see him to explain what a real problem this is.

As long as I have been a member of the Standing Committee on Justice and Human Rights, along with my hon. colleague from Gatineau, we have seen a great deal of discussion and many bills on this matter. Quite frankly, having moved over to the Standing Committee on Justice and Human Rights from the Standing Committee on Finance, we can understand much better and see the concrete impact this could have on victims.

The NDP has always been in favour of victim protection and we still are, which is why we are supporting the bill. We want to study it at the Standing Committee on Justice and Human Rights.

Why do we want to study it? We are seeing more and more private members' bills being used to advance the government's agenda. We are not the only ones to say so. It is being widely reported in the media. Why is the government doing that? That is what we want to know and we think it is worth looking into the process. Again, this is not about taking away from or attacking the member for Langley's bill, but about how the process is being used.

This bill addresses something rather important in that it would amend the Criminal Code and related legislation. In this case, we know that the Conservative government is being sued by Edgar Schmidt, who used to work at Justice Canada. He claims that the government was not obeying the law and not fulfilling its obligations to ensure that government bills are consistent with the charter.

What is more, with the Conservatives, the cost of justice is at a record high because the government has to defend its bills in court. We are talking about $5 billion. That is quite a bit of money just to get the government to fulfill its legal obligations.

Again, we want to know why a private members' bill is being used to introduce something that is already part of the government's law and order agenda.

The Minister of Justice has really pushed this agenda. It is not necessarily the government doing this. It is backbenchers who are introducing these bills.

To come back to Bill C-489, I want to say that it has good intentions in that it seeks to protect victims. The bill would ensure that a judge hearing a case is required to impose certain obligations. The judge would have to make an order prohibiting certain offenders from being within two kilometres of a dwelling house where the victim is present without a parent, say, the father. This is very important, as it was something that was raised by the Office of the Federal Ombudsman for Victims of Crime.

In his report it was mentioned that “...it might help a victim to feel more at ease if they were informed of a local instruction placed on the offender that prohibited him or her from going within a certain distance of the victim's residence.”

One thing that we will need to look at is how the two kilometres would apply. I heard the member of Parliament for Langley mention that he went from five kilometres to two kilometres. When we look at what happens specifically in certain regions, two kilometres basically means that the person would have to be evacuated from where he or she lived. This is something we need to look at in the justice committee.

Again, I applaud and commend the member for thinking of victims. On this side, we also understand that we need to protect victims and we will look at the bill in more detail in the justice committee.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[The Acting Speaker, Conservative, Barry Devolin]

Is the House ready for the question?

[Some hon. members]

Question.

[The Acting Speaker, Conservative, Barry Devolin]

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

[Some hon. members]

Agreed.

[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)