An Act to amend the Criminal Code (assaults against public transit operators)

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Criminal Code to require a court to consider the fact that the victim of an assault is a public transit operator to be an aggravating circumstance for the purposes of sentencing.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-221s:

S-221 (2021) An Act to amend the Governor General’s Act (retiring annuity and other benefits)
S-221 (2020) An Act to amend the Criminal Code (mischief related to memorials to first responders)
S-221 (2016) Constitution Act, 2016 (Property qualifications of Senators)
S-221 (2013) An Act to amend the Criminal Code (exception to mandatory minimum sentences for manslaughter and criminal negligence causing death)

Votes

Oct. 29, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Criminal CodePrivate Members' Business

May 2nd, 2023 / 6:15 p.m.


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Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, Bill C‑321 would amend existing provisions governing sentences for assault when the victim is a health care worker or first responder. The victim's profession would be considered an aggravating circumstance.

This bill is based on recommendation 3 from the Standing Committee on Health's report on violence facing health care workers in Canada, which was tabled in June 2019. The committee recommended that the government “amend the Criminal Code to require a court to consider the fact that the victim of an assault is a health care sector worker to be an aggravating circumstance for the purposes of sentencing”.

A number of groups, including the Canadian Medical Association, the Ontario Medical Association, the British Columbia Nurses' Union, the Canadian Union of Public Employees, Concerned Ontario Doctors and the Canadian Nurses Association, have said they support this measure.

The report was tabled in the House on June 19, 2019, so the Trudeau government did not respond to the study before the dissolution of the House and the election. That is why it is back before us now.

Where are we at now? Obviously, assaulting someone who is providing care to a sick or injured person is unacceptable. That goes without saying. The assailant must be punished severely, and the sentence must send an equally serious message. We all agree on that. However, there are already Criminal Code provisions that cover this.

Subparagraph 718.2(a)(iii.2) states that any offence committed against a person who, in the performance of their duties and functions, was providing health services, including personal care services, must be considered to have aggravating circumstances. That applies to any offence, regardless of who the victim and the offender are.

This means that, if passed, Bill C‑321 will merely reiterate that assaults and threats of assault against these workers may be punished more severely.

That is commendable. However, that being said, we need to be careful when determining that one category of citizens should receive special protection. Obviously, we care a lot about making sure that all those who dedicate their lives to caring for, treating or saving their fellow human beings from some sort of danger are well treated themselves. We want them to know that their dedication does not go unnoticed, that it is recognized, and we want them to be able to do their job safely.

However, there are other members of our society who also deserve our respect and attention. I will not give an exhaustive list because I will likely forget someone, but what about our teachers? What about the support staff in our schools? What about day care workers? Many of us who worked in the field of education are well aware of the fact that teaching in 2023 is a far cry from teaching 50 years ago. I think my colleague from Rivière-des-Mille-Îles, who was a school principal not that long ago, could tell us all about that.

Should those who dedicate their lives to educating our children not be given the same consideration? What about those who spend their lives working in soup kitchens or shelters to help the most disadvantaged members of our society? Times are tough. Everything costs more. There is a labour shortage and a housing crisis. There are major problems, and the people working in those areas also need to be recognized and protected.

What message would we like to send to all those who work in a plant, at a courthouse, at a store, at a restaurant or in the public service? What would we say to them, that their work is not important enough? I am sure that is not what we want.

Let me remind this House that in 2015, Bill S‑221 introduced by Senator Bob Runciman was adopted and was rather similar to the current bill, but drafted to the benefit of public transit operators. It did not have a deterrent effect on the violence against bus drivers. Other than a momentary decline in 2016, the statistics on this have not moved, except during the COVID‑19 pandemic. In Quebec, work injury cases recognized by the Commission des normes, de l'équité, de la santé et de la sécurité du travail went from 21 in 2014 to 22 in 2022.

Finally, I would add that our priority must continue to be to assure everyone that we want to keep the workplace, and society in general, safe and healthy. Prevention, and healthy, rewarding living conditions, must never be sacrificed in favour of legislative deterrents. They must be complementary approaches.

In conclusion, the Bloc Québécois believes that acts of violence against health care workers and first responders are concerning and that we need to discuss this. We need to find solutions that make it possible for these people to safely do their essential work.

Does Bill C-321 propose a perfect solution? Probably not, but it surely deserves our attention. For that reason, we will be supporting this bill so it can be studied in committee, ultimately improved and, if appropriate, passed.

Criminal CodePrivate Members' Business

April 9th, 2019 / 6:55 p.m.


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Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

[Member spoke in Cree as follows:]

[Cree text translated as follows:]

Mr. Speaker, to all my relations, I say hello. I am very proud to be here.

[English]

Mr. Speaker, I remember back in 1995 or 1996, as a young child, watching some of the news surrounding indigenous status and the status of indigenous women in this country. I remember listening to an indigenous woman who said, “I am not just simply a second-class citizen in Canada. I am a third-class citizen, because I am a woman.”

I have heard about equality in this debate. What does equality mean in this country, when the outcomes are so different? What does equality mean when we see the Gladue case in Alberta, where a woman in the justice system was treated very unequally? She was essentially cut up inside, with a six-inch gash in her vagina, and the judge let the perpetrator off. Only after an outcry did the prosecutor in Alberta actually take it back to court. That is a difference in outcomes.

I have heard lots of interesting comments in the House. One of the comments I heard was that because this bill does not deal with all of the justice issues related to the Criminal Code, then it should not apply, that it has no importance, that we need to deal with all of it at the same time. Well, let us take that first step.

I do not mean to get emotional about this, but I think this impacts a lot of people I know.

Bill S-221 was an act to amend the Criminal Code with regard to assaults against public transit operators. Now, from 1997 to 2011, there were 23 taxi driver homicides. Parliament modified the law.

In 2013 alone, just in RCMP jurisdictions in Canada, there were 42 recorded female homicide victims, and 17 of those were indigenous. That is 40%. That is a fact. Is that equality? We talk about equality, but the outcomes seem to be so different.

What are we actually doing? It is great to have some programs and spend some money. I wear the moosehide patch all the time, but what does that really change? I have people asking me all the time what it means. No one seems to know. It is about indigenous men and boys taking a stand against violence against indigenous women and girls, and children. How many people keep asking every day what I am wearing that for and what it means? Yet we have handed out a million of them across the country.

Do members know we also had a bill called Bill C-35, the Justice for Animals in Service Act? It was known as Quanto's Law. Quanto was a police dog. He was killed while on duty. This bill created a specific new offence prohibiting the killing or injuring of a law enforcement animal, and it created a minimum sentence. Who is worth more: Quanto, Tina Fontaine, Gladue, Helen Betty Osborne?

There are lots of organizations that support this bill. I could list them all. The First Nations of Saskatchewan and the Assembly of First Nations have passed resolutions in support of this, and there are women's groups across the Prairies that have asked for legislation on this issue. It deserves a full and wholesome debate in this House.

I hope the government takes this bill and moves forward, because I am sure the missing and murdered indigenous women's inquiry will have something about the justice system. I hope we actually go ahead and change some of these laws so that equality means the equality of outcomes, so that people walking around the streets of downtown Winnipeg will know that they are just as valued as anyone else, no matter what their birth in this country.

Public TransportationOral Questions

March 24th, 2015 / 3 p.m.


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Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Multiculturalism)

Mr. Speaker, I would like to thank the member for his hard work in this place.

Thanks to a private member's bill that passed with the backing of our Conservative government, public transit operators, including taxi cab drivers, now have added legal protection from assaults. With the passing of Bill S-221, a court will have to consider it an aggravating circumstance for the purpose of sentencing if the victim of an assault is a public transit operator engaged in the performance of his or her duties. This means that finally those who commit threats or assaults on our transit operators will face a penalty that matches the seriousness of the crime.

Canadians can trust our government to hold criminals to account and to stand up for hard-working Canadians.

The Speaker Andrew Scheer

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

February 25, 2015

Mr. Speaker,

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 25th day of February, 2015, at 10:02 a.m.

Yours sincerely,

Stephen Wallace,

Secretary to the Governor General

The schedule indicates the bills assented to were Bill S-221, An Act to amend the Criminal Code (assaults against public transit operators)—Chapter 1, and Bill C-18, An Act to amend certain Acts relating to agriculture and agri-food—Chapter 2.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

December 3rd, 2014 / 3:15 p.m.


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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, it is my honour to present, in both official languages, the 10th report of the Standing Committee on Justice and Human Rights in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts.

The committee has studied the bill and has decided, unanimously, to report the bill back to this House with amendments.

Mr. Speaker, I also have the honour to present, in both official languages, the 11th report of the Standing Committee on Justice and Human Rights in relation to Bill S-221, An Act to amend the Criminal Code (assaults against public transit operators).

The committee has studied the bill and has decided, unanimously, to report the bill back to this House without amendments.

I hope the House leaders move quickly on both these items.

Message from the SenateRoutine Proceedings

September 24th, 2014 / 3:30 p.m.


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The Acting Speaker Bruce Stanton

Before we go to the orders of the day, I have the honour to inform the House that a message has been received from the Senate informing this House that it has passed the following bill, to which the concurrence of the House is desired: Bill S-221, An Act to amend the Criminal Code (assaults against public transit operators).