An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

Part 1 amends the provisions of the Criminal Code that deal with offences and procedures relating to drug-impaired driving. Among other things, the amendments
(a) enact new criminal offences for driving with a blood drug concentration that is equal to or higher than the permitted concentration;
(b) authorize the Governor in Council to establish blood drug concentrations; and
(c) authorize peace officers who suspect a driver has a drug in their body to demand that the driver provide a sample of a bodily substance for analysis by drug screening equipment that is approved by the Attorney General of Canada.
Part 2 repeals the provisions of the Criminal Code that deal with offences and procedures relating to conveyances, including those provisions enacted by Part 1, and replaces them with provisions in a new Part of the Criminal Code that, among other things,
(a) re-enact and modernize offences and procedures relating to conveyances;
(b) authorize mandatory roadside screening for alcohol;
(c) establish the requirements to prove a person’s blood alcohol concentration; and
(d) increase certain maximum penalties and certain minimum fines.
Part 3 contains coordinating amendments and the coming into force provision.

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 C-46s:

C-46 (2023) Law An Act to amend the Federal-Provincial Fiscal Arrangements Act and the Income Tax Act
C-46 (2014) Law Pipeline Safety Act
C-46 (2012) Law Pension Reform Act
C-46 (2010) Canada-Panama Free Trade Act

Votes

Oct. 31, 2017 Passed 3rd reading and adoption of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts
Oct. 25, 2017 Passed Concurrence at report stage of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts
Oct. 25, 2017 Failed Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (report stage amendment)

Federal Sustainable Development ActGovernment Orders

May 30th, 2018 / 8:10 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, it gives me great pleasure to be joining the debate on Bill C-57, although I must agree with my Conservative colleagues that it is unfortunate to be doing it under the yoke of time allocation.

It is a strategy that the federal government seems to be employing quite a bit this week. I was having an exchange with the member for Perth—Wellington earlier today about this resembling a student who has missed the due date for his homework and has suddenly realized it is coming up and he had better rush things. We have been wasting time over February, March, April, and May, and now we are almost into June. If we look at the parliamentary calendar, we see that time is suddenly short, so the Liberals are feeling the need to engage in these draconian tactics to limit the ability of members to be here on behalf of their constituents. Every single one of these seats represents a unique geographic area of Canada, and the people of Canada deserve to have their voices and concerns raised in this House by the members who represent them.

That said, let us now turn to the bill before us, Bill C-57.

I want to compliment my friend and colleague, the member for the riding of Edmonton Strathcona. She has decades of experience in the field of environmental sustainability. When she speaks to our caucus or delivers speeches in this House or at committee, people listen, because they realize this member has the experience and the knowledge. Very rarely have I seen people contradict her, because they know that she is usually right. She has the experience to back it up.

I want to walk the House through a bit of the history of how we got to Bill C-57. We would have to go back to the spring of 2016, when the Standing Committee on Environment and Sustainable Development reviewed the current act. There is a mandate in the act that it has to be reviewed every certain number of years. I believe it is every three years. That is just to make sure that it is staying up to date with the changing nature of Canada, to see if we are meeting our goals or if anything needs to be tweaked, and to see if the government has been doing a good job in following the existing act. That is why it is important.

As a part of this review, the committee, as committees usually do, brought forth witnesses to testify with respect to the current act and present some recommendations for ideas for reform. Witnesses at the committee found the current act lacking in two important ways. First, unlike the definition of “sustainable development”, it focuses on environmental decision-making and ignores the social and economic pillars of sustainable development; second, the purpose is about transparency and accountability for environmental decision-making, rather than about advancing sustainable development. The committee agreed with those significant shortcomings and recommended that the act be amended to require the development of an effective federal strategy that will inspire, in equal measure, environmental, social, and economic advancement toward a better future, something I think that all members in this House can very much agree to.

The unfortunate thing with the bill before us, Bill C-57, is that it only partially addresses these deficiencies and recommendations. It is important to note that the updated law should reflect the broader UN sustainable development goals, which have been endorsed by Canada.

I want to list some key things that came about after that study, because when Bill C-57 made it to the committee, the Liberal government did not even listen to its own members of Parliament on that committee. It did not even listen to the recommendations that had come from the environment committee. That is a real shame, because suddenly we have Liberals recommending something, only to see their government completely ignore it. That action shows that the government is not committed to delivering on its commitments under the broad UN sustainable development goal to ensure the whole of government ensures that its laws and policies reflect environmental, social, and economic needs.

I want to drill down on that, because the member for Edmonton Strathcona really was faced with a Herculean task. Many of my colleagues who sit on committees know this. Since the NDP has just one spot on a 10-member committee, that one member does not have the luxury of teamwork with other MPs. The work often falls upon us, so when it comes to the amending stage of a bill, the clause-by-clause part of a bill, it is a pretty big task.

I can remember doing that last year at the justice committee when I was the justice critic for our party, especially when it came to Bill C-46. That was a gargantuan justice bill, and my staff and I were pretty busy on that.

Going back to the matter at hand, Bill C-57, almost all of the amendments by the member for Edmonton Strathcona at committee were based on three things: recommendations from the Commissioner of the Environment, recommendations from expert witness testimony at the committee, and recommendations from the committee itself.

She had three very good arguments behind her recommendations. What did the Liberal-dominated committee do? It voted down those amendments, flying in the face of the evidence. The government likes to pride itself on evidence-based decision-making. I have yet to hear a coherent answer from the government side as to why the Liberals did that to the amendments of the hon. member for Edmonton Strathcona, when they knew she has years of experience and that her amendments were based on solid evidence. We have still not received any good reasons on that.

The House voted today, historically I might add, for Bill C-262, which was moved by my hon. colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou. It was a historic moment for the House of Commons, because that private member's bill passed third reading and commits the federal government to ensuring that all laws are in compliance with the United Nations Declaration on the Rights of Indigenous Peoples.

One of the amendments by the hon. member for Edmonton Strathcona was to ensure that Bill C-57 actually included a reference to UNDRIP. However, that was voted down. Then the Liberals decided they would vote in favour of the bill that is now going to mandate adherence to UNDRIP. Canadians should try to work their way through the reasoning behind that. I am still having some problems doing it.

That said, UNDRIP has passed this House. It is going to the other place now. I wish senators well. I certainly hope they will look at the hard work we did here in the House of Commons that recognize that in 2018, we are at a place in this great country where we can no longer afford to play the role of a colonizer. We have to make sure that first nations in Canada are the full and equal partners they very much deserve to be. It is only when we make sure that all of our federal laws recognize that implicitly that we will be able to move beyond our past—never forgetting it, but moving beyond it—to a place where most people would like us to be.

I know that my time on this bill is short, so I just want to end with this. The day that the Minister of Environment moved time allocation on this bill was Tuesday, the very day the Liberal government announced it was purchasing the Kinder Morgan pipeline for $4.5 billion. That is just the price tag for the existing infrastructure. There is no word on the cost of expanding the pipeline. I just think that when the environment minister is moving to shut down debate on a bill that seeks to bring federal departments in compliance with sustainable development goals and yet buys a pipeline, which is infrastructure that rightly belongs in the 20th century, it makes a mockery of the government's real commitment to addressing climate change.

I would dearly like to know what federal department is going to be in control of the Kinder Morgan pipeline, and how it can possibly justify its sustainable development when it is going to be operating something that makes a mockery of our climate change commitments.

This being 2018, with all of the evidence of climate change all around us, we certainly need this country to be taking a firm and strong direction in addressing climate change. I think everyone who looks to future generations knows that we owe them that at this moment in time.

I will conclude there. I have appreciated this opportunity to speak to Bill C-57. I welcome questions and comments from my colleagues and friends.

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

May 29th, 2018 / 9:15 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Mr. Speaker, I think there are two questions there. The member opposite references Bill C-46, which is the impaired driving legislation. When passed, this measure will create among the toughest impaired driving regimes in the world. I find it remarkable that the opposition members are talking about impaired driving when members of the Conservative Party in the other House voted to gut Bill C-46 to remove mandatory alcohol screening, which has proven to save lives, which is supported by MADD Canada, and which is supported by the chiefs of police. This is remarkable.

In terms of sentencing, which is what the member opposite is talking about with respect to impaired driving, we are looking at reclassifying offences. This is not to change the fundamental principles of sentencing, which require proportionality, but to ensure that we provide prosecutors with the necessary tools to utilize their discretion to proceed by way of summary conviction or by indictment to ensure that they can use their discretion and assist with respect to court delays.

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

May 29th, 2018 / 9:15 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, the Minister of Justice, in response to the question posed by the hon. member for Niagara Falls, stated that she is committed to getting tough on impaired drivers. It was this Minister of Justice who opposed tougher sentences in Bill C-46 for the most serious of impaired driving offences, including impaired driving causing death, and it is now this minister who has introduced legislation in Bill C-75 that will make the offence of impaired driving causing bodily harm prosecutable by way of summary conviction. In other words, instead of facing up to 10 years behind bars, individuals who commit the offence of impaired driving causing bodily harm may be able to get away with a slap on the wrist and a mere fine. How is that taking impaired driving seriously?

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

May 29th, 2018 / 9 p.m.


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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, my hon. colleague raised a number of issues.

It is clear that there is a challenge with delays in the criminal justice system. The Supreme Court of Canada has challenged all of the actors in the criminal justice system to make substantive changes, to effect a culture shift. That is what we are doing with Bill C-75. Members on this side of the House have spoken. Members of the NDP have spoken. It is clear that members of the official opposition are trying to delay if not prevent second reading debate on this most important piece of legislation. It is my suggestion that we get this piece of legislation to committee, and that is what we are doing, so we can ensure that we have continued debate on this important piece of legislation to answer the Supreme Court of Canada's call.

With respect to my hon. colleague's discussions, I would be very cautious of the hon. member across the way raising impaired driving when the Conservatives have proposed removing mandatory alcohol screening from this most important piece of legislation and that would actually gut Bill C-46. We are trying to ensure there is safety on the roads. I am more than happy to talk about why we are reclassifying offences.

Controlled Drugs and Substances ActPrivate Members' Business

May 25th, 2018 / 1:30 p.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, it is difficult sometimes to pick up a speech where one left off several weeks ago. However, I am going to do my best to do so and will begin by commenting on the first hour of debate on this bill.

I am not sure why or how this came about, but many speakers tried to confuse the intent of this bill with those of Bill C-45 or Bill C-46, though it has nothing to do with them. Nothing in this bill has to do with arguments for or against the legalization or decriminalization of recreational marijuana. This bill has absolutely nothing to do with the discussions on those bills dealing with those questions. This bill is completely unrelated. This bill deals with the existing regime for medical marijuana, and medical marijuana only.

I hope that today, as we resume debate on this bill, we will confine discussion and debate to the subject matter of the bill, which is the home cultivation of medical marijuana that has been prescribed. Under the current regime for medical marijuana, a patient with a prescription is permitted to cultivate marijuana in their home. This bill does not reject their doing so or argue that a person should not be able to do that with a prescription.

What this bill addresses is the issue of landlord consent. This is important because it is well known that home cultivation of marijuana can damage property and create health hazards. It varies from province to province.

In British Columbia, for example, a person might be permitted to grow marijuana to fill three prescriptions in their home, two for the residents of a home, plus a prescription for a non-resident of a property. If a person combines three prescriptions, and if these are particularly heavy dose prescriptions of up to, and in excess sometimes, of 10 grams a day, the number of plants required to fill such large prescriptions if combined are quite numerous, in some cases perhaps more than 100 plants.

Putting 100 plants in one home raises a number of health considerations. I know that many members have a background or history in local government and know that from their time, as municipal government representatives, this is something that had to be dealt with when when there was widespread illegal home cultivation. The grow ops that sprang up as a result presented an enormous challenge to municipalities, law enforcement, and health authorities in dealing with the health consequences of growing too much organic matter in an enclosed indoor space. Therefore, mould and toxins are important considerations.

If a person owns their own home and wishes to grow 100 plants, and has the legal prescriptions to do so, no problem. If a person is a tenant and their landlord permits them to do so, no problem. However, if a person's landlord is not even aware of such cultivation in a home and it results in the destruction of the property, this is a tremendous problem for landlords, and a tremendous disincentive for either the development of, or investment in, rental property. If a prospective landlord has to exist in a climate in which they do not know if a tenant can destroy their property through excessive cultivation, they may choose not to even invest in that property.

We know this is a tremendous issue that all municipal and law enforcement people have been aware of, but it is also an issue in the real estate and mortgage industries. I spent my career, before running in the last election, in the mortgage business. In the mortgage business, once a property has been flagged as having been used for the cultivation of marijuana, that property is stigmatized to the point that it is unmortgageable and unmarketable.

Many lending institutions generally say that they would never lend on a property that had been used to cultivate marijuana. If there was a certificate of remediation, they might say that under a certain set of other strong criteria, they might perhaps lend on the property, but my experience over 20 years as a mortgage broker is that no lender will ever accept a mortgage application on a property formerly used for the cultivation of marijuana. They will find a way to kill it. They will render the property unmarketable and unmortgageable, and perhaps uninsurable.

Criminal CodeGovernment Orders

May 24th, 2018 / 4:10 p.m.


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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Madam Speaker, I want to give my hon. colleague an opportunity to reflect on some of the comments he has made about MADD Canada and its support for Bill C-46.

I note that on March 12, 2018, MADD issued a statement urging Canada's Senate to give its full-throated support to Bill C-46. I want the member to reflect on that statement, because yesterday it was a Conservative senator who put a block to that and tried to obstruct the passage of Bill C-46, which has been recognized as an effective piece of legislation to keep our roads safe.

Will the hon. colleague now join this side of the House and get that bill passed?

Criminal CodeGovernment Orders

May 24th, 2018 / 4:05 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, it will come as no surprise to my hon. colleague that the government will not be supporting his amendment. There is a very simple reason for that. His commentary is full of inaccuracies, exaggerations, and stale rhetoric. It will come as no surprise to Canadians that the Harper Conservatives keep coming back to the same kind of tough talk on crime. On this side of the House, we believe in principled, evidence-based legislation, like Bill C-75. As the former minister of justice, he should show some fidelity to the facts.

What are the facts? On judicial appointments, 100 appointments were made in 2017. That was a record number of appointments in over two decades. In Alberta, there are now 80 federal judges, five more than at any point in time under the Harper Conservatives.

I empathize with the victim who wrote the former minister of justice, my hon. colleague. However, as he admitted in his introductory remarks, Bill C-75 would do remarkable things for victims. We have reversed the onus at bail hearings to prevent repeated abusers from getting out of jail if they need to be put there pending their trial. We have raised the maximum sentences for those repeat offenders who fall into the category of sexually violent crimes and intimate partner violence.

Regarding Bill C-46, I was astonished by the comments made by my colleague. It was just yesterday that a member of his caucus stood against mandatory alcohol screening, the number one deterrent for impaired driving. He should tell that to MADD, or he should tell that to the victim in his riding or to every victim who has suffered as a result of impaired driving.

JusticeOral Questions

May 24th, 2018 / 2:55 p.m.


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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, one of the key elements of Bill C-46 is mandatory alcohol screening, which is in use in over 40 countries worldwide, including Australia and Ireland. Our government was very disappointed last night when the Conservatives voted to remove mandatory alcohol screening. We agree with MADD Canada that mandatory alcohol screening saves lives and that it is a fundamental piece in moving forward on and tackling impaired driving. We need this life-saving measure right now.

JusticeOral Questions

May 24th, 2018 / 2:55 p.m.


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Liberal

Mary Ng Liberal Markham—Thornhill, ON

Mr. Speaker, I was very proud in April 2017 when our government introduced Bill C-46, legislation with the ultimate goal of reducing the significant number of deaths and injuries caused by impaired driving, a crime that continues to claim innocent lives and wreak havoc and devastation on Canadian families. This legislation includes mandatory alcohol screening, which I understand would significantly deter those individuals who continue to put others at risk by driving while impaired by alcohol. Can the minister please provide the House with an update on the legislation?

MarijuanaOral Questions

May 10th, 2018 / 2:25 p.m.


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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, the Criminal Code already has provisions to deal with drug-impaired driving. Those provisions have been in the law for many years. What we are trying to do is to enhance and strengthen those provisions with what we are adding in Bill C-46. There are new offences, new technology, and new procedures to add to what is already in the Criminal Code.

Again, I thank the opposition for officially endorsing Bill C-46. We are anxious for those members to join with us in encouraging the Senate to pass it promptly.

MarijuanaOral Questions

May 10th, 2018 / 2:25 p.m.


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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, the problem of drug-impaired driving exists today. It is not a problem that will spring to life next week or next month or next year; it exists today. That is why it is so very important to pass Bill C-46. I am glad to hear the official opposition is now fully in support of Bill C-46, and I hope it will join us in encouraging the Senate to deal with it expeditiously.

MarijuanaOral Questions

May 10th, 2018 / 2:20 p.m.


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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, it was reported yesterday that the government is prepared to legalize marijuana even though Bill C-46, the drug-impaired driving bill, has not been approved yet.

By going against the advice of experts, doctors, the provinces, and law enforcement, the Prime Minister is putting Canadians' safety at risk.

I have a simple question for the Prime Minister. Can he assure Canadians that he is not going to give the go-ahead to legalize marijuana until all police officers in Canada are trained and equipped to combat the scourge of drug-impaired driving?

Budget Implementation Act, 2018, No. 1Government Orders

April 23rd, 2018 / 6 p.m.


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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, it is another good make-work project that we will not need when we get a Conservative government, because we will do away with the carbon tax. Therefore, we do not need that $120 million.

It is very clear that the government has no plan. It is parallel to what they were doing on the marijuana bills, Bill C-45 and Bill C-46. The government was really quite anxious to put out how many dollars it thought it could make with it. However, when I wrote to the Parliamentary Budget Officer about the costs of it, he said that he would tell me what they were if he knew them, but the Liberals would not tell him. This is the same. The Liberals are quite ready to talk about all the money they can make out of a carbon tax, but they will not tell anybody what it will cost.

Federal Framework on Distracted Driving ActPrivate Members' Business

March 20th, 2018 / 6:15 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I am pleased to have the opportunity to participate in the second reading debate of Bill C-373, an act respecting a federal framework on distracted driving. On the whole, I fully support the federal, provincial, and territorial work that is already being done on the very pressing issue of distracted driving.

Before I discuss the proposals in Bill C-373 in detail, I would like to acknowledge the commendable objectives and hard work on this bill, and express my gratitude to the hon. member for Charleswood—St. James—Assiniboia—Headingley, who introduced this bill in the House. I am not just saying that because he is my bench neighbour. He has put in a lot of hard work and energy into this bill, and I commend him for it.

At the outset, I think it is important to recognize that distracted driving poses a serious concern and risk to road safety, and those concerns are indeed escalating. The rate of motor vehicle collisions resulting from distracted driving has accelerated over the past decade due in large part to the widespread use of smart phones and other electronic hand-held devices.

I will now discuss certain specific proposals of Bill C-373. This bill would require the Minister of Justice, in co-operation with the Minister of Transport and the provincial and territorial governments, to develop a federal framework for the implementation of measures to deter distracted driving involving the use of hand-held electronic devices.

The proposed federal framework must cover six key elements: the mandatory collection of information and statistics; the enforcement of laws; public education programs on the dangers of distracted driving; driver-assistance technologies; the sharing of best practices among the provinces; and recommendations regarding possible amendments to federal laws, policies, and programs.

Four of these six key elements involve the use of both federal and provincial resources. The sharing of best practices among the provinces would only involve the provinces. The bill would also require the preparation of a report setting out the federal framework. This report must be tabled within 18 months following the coming into force of the bill. Within three years of the tabling of the first report, a report resulting from a comprehensive review of the federal framework must be tabled in Parliament. This comprehensive review must be undertaken in consultation with the provinces, territories, and key stakeholders.

As I have said, the objectives of the bill are laudable, but the government is unable to support this legislative initiative for a number of reasons. First, it is the provinces and territories who are primarily responsible for measures that respond to distracted driving. Virtually all of the provinces and territories already have legislation or regulations concerning the use of electronic hand-held devices while driving. Nunavut's legislation will be coming into force later this year.

Second, the Criminal Code includes a criminal offence of dangerous driving under section 249. If a distracted driver operates a motor vehicle in a manner that is dangerous to the public, police already have the authority to lay criminal charges of dangerous driving. I would also note that in April of 2017, the government introduced Bill C-46, an act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other acts. The bill is currently being considered by the Standing Committee on Legal and Constitutional Affairs in the other place. It would reform the entire Criminal Code regime dealing with transportation offences by repealing all of the current provisions and replacing them with a modern, simplified, and coherent new part in the Criminal Code. It would also reform impaired driving laws to strengthen existing drug-impaired driving laws and create a regime that would be among the strongest in the world.

During federal, provincial, and territorial discussions leading to Bill C-46, the issue of distracted driving involving the use of an electronic hand-held device was raised. It was accepted that the current dangerous driving offence in the Criminal Code sufficiently covers distracted driving that rises to the level of creating a danger to the public and that should result in a criminal investigation and charge.

A third reason that the government is unable to support this legislative initiative is that the bill would duplicate the actions and efforts already being coordinated by the Minister of Transport and Transport Canada. The Minister of Transport presently co-leads a distracted driving working group under the Canadian Council of Motor Transport Administrators. The imposition of a new federal framework on top of an existing initiative is very likely to conflict in some ways and overlap in others. Provinces are likely to see federal legislation on this matter as potentially intruding in the areas of their jurisdiction and as an implied criticism or expression of concern with regard to their efforts. This may undermine federal-provincial collaboration, which already exists and is going very well.

Over the past year, the Minister of Transport has advocated for nationally consistent enforcement measures and higher sanctions for drivers who violate provincial or territorial laws by using a hand-held device while driving. Provinces and territories have been encouraged to improve their data collection and create harmonized rules across all jurisdictions. Many of those jurisdictions have responded favourably to these suggestions and have agreed to continue to discuss these matters through the federal, provincial, and territorial council of ministers responsible for transportation and highway safety.

A fourth reason that the government is unfortunately unable to support Bill C-373 is that fully implementing the proposals in this private member's bill would have cost implications for both the federal government and the provinces and territories. It would not be surprising if provinces and territories looked to the federal government for assistance in funding some of the elements of the proposed federal framework.

The government strongly supports measures to address the serious problem of distracted driving. The work of the CCMTA, which is co-led by Transport Canada, is an important demonstration of the type of federal, provincial, and territorial co-operation that exists on this issue.

Developing a federal framework would not have a greater impact on deterring distracted driving beyond what is already being done at the federal, provincial, and territorial levels. It would not significantly improve existing co-operative efforts, and indeed could duplicate processes that are under way and potentially diffuse those initiatives. For all of these reasons, the government cannot support the proposals in Bill C-373. Of course, voting against the private member's bill will ensure that existing federal, provincial, and territorial discussions will remain intact, constructive, and productive. It will allow us to continue to focus on the exceptional work that is already being done to address distracted driving.

Notwithstanding all of these comments, I want to end where I began, by commending my hon. colleague for his efforts, his energy, and for the passion that he brings to this important subject.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

February 14th, 2018 / 8:45 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, it is a privilege to rise on this day, a day on which the Prime Minister stood in this House to announce that we will introduce legislation to enshrine, finally, the recognition and implementation of the rights of indigenous peoples as the basis for all relations between indigenous peoples and the Government of Canada.

I was also proud to join the Minister of Justice in this take-note debate as she described in detail the hard work and great progress we have made on criminal justice reform. The many examples include Bill C-51, which would strengthen sexual assault laws; Bill C-46, which would strengthen our impaired driving laws; and Bill C-16, which would protect gender expression and identity under the charter. We have also made significant progress in renewing our relationship with indigenous peoples, one that is based on respect and the right to self-govern.

How are we doing this? We are doing it in a number of ways: one, by implementing the RCAP recommendation to create two separate departments, one that is mandated to focus on indigenous-crown relations and the other a department to focus on the provision of indigenous services; two, by embracing the UNDRIP principles; three, by the creation of the working group, which is currently reviewing all federal laws and policies to ensure that Canada is fulfilling its constitutional obligation with indigenous peoples; and four, by creating and enshrining 10 principles which inform our relationship. This is merely a starting point, in a renewed approach, where we are supporting the rebuilding of indigenous governments and nations while, in turn, reducing the use of the courts to resolve conflict.

Ultimately, this work will help assist Canada to overcome the legacy of colonization and achieve true reconciliation with indigenous peoples. This is a historic moment, one for which indigenous peoples have been advocating for many decades. As we move toward the next 150 years of Canada, we envision a country that is more inclusive of first nations, Inuit, and Métis peoples. Making the shift is fundamental to the growth and prosperity of Canada.

In terms of this take-note debate, let me say a few words.

Indigenous peoples are concerned because they do not know if the criminal justice system will treat them fairly, whether they are victim or accused. As the government strives to establish a nation-to-nation relationship with indigenous peoples, we must recognize and resolve these problems.

Let me speak for a few moments about the very well-documented, systemic challenges which currently exist in our criminal justice system. In this regard, the statistics reveal a number of concerning trends.

Indigenous people are more likely than any other Canadian to be victims of crime. Indigenous people are more than twice as likely to be victims of violent crimes than non-indigenous people. Indigenous women are also three times more likely to experience sexual assault.

Over 1,200 indigenous women and girls have gone missing or have been murdered. Sixteen per cent of all women murdered in Canada from 1980 to 2014 were indigenous, although they make up 4% of Canada's female population.

In 2015-16, indigenous adults accounted for 27% of admissions to custody in provincial and territorial institutions, and 28% of admissions to federal institutions. This is about seven times higher than the proportion of indigenous adults in the Canadian adult population. The overrepresentation is more pronounced for indigenous women than it is for indigenous men. In 2014-15, 38% of female admissions to provincial custody and 31% of female admissions to federal custody were indigenous women. Indigenous youth are also overrepresented in our jails. They are only 7.5% of the Canadian youth population, but they account for 35% of admissions to provincial and territorial correctional services.

These statistics are telling, and they call on us to do the important work that is before us now. What is that work?

In light of these trends, we are taking action to improve the experience of indigenous people in the criminal justice system. Specifically, we have taken steps to strengthen programming to improve outcomes for indigenous people when they come in contact with the criminal justice system as both victims and accused.

The 2017 budget set aside approximately $11 million in permanent funding for the indigenous justice program, and the 2016 budget boosted permanent funding for the indigenous courtwork program by $4 million. These programs offer support to reduce recidivism and tackle the root causes of delinquency among indigenous individuals in an effort to reduce their contact with the criminal justice system.

Alongside the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Department of Justice has also undertaken two new victim service initiatives to provide direct assistance to families. The first is funding the creation of family information liaison units, a new service to help families access available information about their loved ones from multiple government sources. Second, the department is providing additional funding for indigenous community-based organizations, non-governmental organizations, and victim services to support the delivery of culturally responsive and trauma-informed services for families of missing or murdered indigenous women and girls.

Of course, we know that funding alone is not enough. That is why our government has also been engaging with indigenous people and with all Canadians to assess the problems faced by indigenous people in the criminal justice system. This engagement has taken place through round tables on our indigenous justice program. I have been privileged to participate in that broad national round table engagement process along with the Minister of Justice.

More broadly, under the leadership of the Minister of Justice, our government has also undertaken a review of Canada's criminal justice system to ensure that it is just, compassionate, and fair, and promotes a safe, peaceful, and prosperous society.

What we are hearing is that the challenges facing Canada's indigenous community, including overrepresentation, which I have already alluded to, are top of mind when it comes to this government's agenda, when it comes to consultations and reform.

As our government continues the important work towards reconciliation with indigenous peoples, we have also developed 10 principles respecting Canada's relationship with indigenous peoples, principles which base the relationship between indigenous peoples and the federal government on the right of self-determination, and relationships based on recognition and implementation of rights. The 10 principles are intended to be a starting point for a recognition-based approach to changing federal laws, policies, and operational practices that recognize indigenous peoples.

Lastly, the national inquiry into missing and murdered indigenous women and girls was established in December 2015, and work began in September 2016.

The independent commission was tasked with examining the systemic causes behind the violence that indigenous women and girls experience and their vulnerability to violence, as well as the institutional policies and practices put in place as a response to violence, including those that have been effective in reducing violence and increasing safety. The commission was then asked to make recommendations on concrete measures to end this national tragedy and honour and commemorate missing and murdered individuals.

What are the steps moving forward? While the important initiatives I have described are critical to improving the experience of indigenous peoples, our government recognizes that we can and must do better for all Canadians. While it would be inappropriate for me to speak about the specific circumstances around the Stanley case, we must recognize the historic patterns that exclude and victimize indigenous Canadians. Part of our work in understanding and recognizing victimization is to meet with and listen to indigenous Canadians. Listening to Canadians in this way and expressing our empathy does not undermine the operation of the criminal justice system; rather, it will serve to strengthen it. Some of the concerns we have heard this week relate to the jury selection process, and the Minister of Justice has indicated our government's willingness to look at those provisions as part of our overall criminal justice review.

More broadly, our government, led by the Department of Justice, is currently developing an action plan to reduce the overrepresentation of indigenous peoples in the criminal justice system, both as victims and as offenders. The goal of this action plan is to advance federal efforts toward responding to the Truth and Reconciliation Commission's calls to action respecting adult and youth indigenous overrepresentation. We will continue to develop the action plan through engagement with indigenous partners and collaboration with provincial and territorial governments.

In conclusion, all Canadians know that we can and must do more to reshape the experience of indigenous Canadians in our criminal justice system. We must do this work in partnership with indigenous peoples, recognizing our role and our efforts to continue on the path of reconciliation.