Bill C-39 (Historical)

An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things, remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada. It also repeals section 159 of that Act and provides that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid. It also makes consequential amendments to the Corrections and Conditional Release Act and the Youth Criminal Justice Act.

Bill C-49—Time Allocation Motion

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, we are very proud of the hon. minister's service in Parliament and his service in space, but it is time for him to come back down to Earth. He was deriding the opposition for not bringing substantive debate to this place. The government, in almost two years, has passed only 19 bills. That is it. It has had over 30 time allocation motions limiting debate on a very small record.

In the last few weeks, the Liberals are limiting time on a substantive bill, but they put forward motions on Paris and had a speech by the Minister of Foreign Affairs that really did not amount to anything. They also have Bill C-51 and Bill C-39, which are not substantive legislation either.

I agree with the minister that there are some serious issues addressed in the bill. He is limiting debate on the serious issues affecting Canadians, affecting rail safety, and affecting our transportation system, while having nothing before Parliament to justify limiting debate in the House. I would like to ask the member why they have only passed a small number of bills, and then when bills have an important element, like this one, they are not allowing debate in the chamber.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

You acknowledged the chair, but I would acknowledge that the entire committee sent me a letter. I very much appreciate the urgency of advancing a cleanup of the Criminal Code. As I stated both in the House and outside, Bill C-39 is the first phase of the cleanup. I am hopeful that this piece of legislation will move as quickly as possible. I certainly don't know how quickly that will be, but I think it's very important. When it does come back, I'm hopeful that all members will support its moving quickly.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Thank you, Madam Minister.

The first issue I want to raise is with respect to Bill C-39, which you made reference to. That's the bill, of course, to remove constitutionally inoperative sections of the Criminal Code. I want to thank you for your leadership in introducing that legislation.

I know our chair led this issue following the conviction on two counts of second-degree murder in the case of Travis Vader being vacated after the judge applied a constitutionally inoperative section. It's an issue that I raised, given the close connection that case has to the community that I represent of St. Albert. That bill was introduced on March 8. It has now been two months, and nothing has happened.

How many more months will it be before Bill C-39 is debated in Parliament?

Criminal Code

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I rise on a point of order. I would like to table, in both official languages, a charter statement with respect to Bill C-39, an act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other acts.

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

moved for leave to introduce Bill C-39, An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts.

(Motions deemed adopted, bill read the first time and printed)