An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act

This bill was last introduced in 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 often publishes better independent summaries.

This enactment amends the Criminal Code to amend, remove or repeal passages and provisions that have been ruled unconstitutional or that raise risks with regard to the Canadian Charter of Rights and Freedoms, as well as passages and provisions that are obsolete, redundant or that no longer have a place in criminal law. It also modifies certain provisions of the Code relating to sexual assault in order to clarify their application and to provide a procedure applicable to the admissibility and use of a complainant’s record when in the possession of the accused.
This enactment also amends the Department of Justice Act to require that the Minister of Justice cause to be tabled, for every government Bill introduced in either House of Parliament, a statement of the Bill’s potential effects on the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.
Finally, it makes consequential amendments to the Criminal Records Act.

Elsewhere

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

Votes

Dec. 10, 2018 Passed Motion respecting Senate amendments to Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act
Dec. 10, 2018 Passed Time allocation for Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act

The House resumed from June 6 consideration of the motion that Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act, be read the second time and referred to a committee.

Criminal CodeGovernment Orders

June 15th, 2017 / 4:35 p.m.
See context

Eglinton—Lawrence Ontario

Liberal

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

Mr. Speaker, it is with great pleasure that I take the floor to discuss Bill C-51, an act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another act. This legislation reflects our government's deep commitment to ensuring that our criminal justice system protects Canadians, holds offenders to account, upholds the Charter of Rights and Freedoms, and shows the utmost compassion for victims.

By amending the Criminal Code and related legislation, we can contribute to a fairer, clearer, and more accessible criminal justice system. We are committed to changes that will have a positive and lasting impact on victims' experiences in the criminal justice system and that affirm the charter rights of all Canadians. This bill would do just that. These changes reflect our government's deep respect for the charter. The bill also represents another deliverable flowing from the ongoing review of the criminal justice system that the Minister of Justice has been mandated by the Prime Minister to carry out.

Broadly speaking, the bill's proposals fall into four categories, the majority of which involve amendments to the Criminal Code. First, there are amendments to clarify and strengthen the law of sexual assault. Second, there are amendments to remove or amend provisions that have been found unconstitutional by the courts, building on the amendments set out in Bill C-39, which the Minister of Justice introduced on March 8. Third, a number of obsolete or duplicative offences would be removed. Finally, the bill would amend the Department of Justice Act to create a new statutory duty for the minister of justice to table a charter statement for every government bill, setting out any potential effects a bill may have on the rights and freedoms of Canadians.

Let me begin by addressing the proposed sexual assault amendments. As is well known, in the past few years we have seen a dramatic increase in public interest in and concerns about sexual assault and how the criminal justice system responds to it. The Minister of Justice and her department continue to collaborate with partners and stakeholders to learn, share, and discuss a broad range of issues and ideas for improving how we, as a society, address the ongoing problem of sexual assault. One of the most important roles of the federal government is to ensure that we have the best possible legal framework in place to ensure our communities are protected and victims are treated with respect.

The measures proposed in this legislation today are one step in this process. They seek to ensure that the law is as clear as it can be, in order to minimize the possibility of the law being misunderstood or applied improperly. The bill seeks to amend the Criminal Code to clarify certain circumstances where consent is not obtained and where the defence of mistaken belief in consent is not available to the accused. It would also introduce stricter rules for the admissibility of complainants' prior sexual history, as well as their private records. In addition, the bill would provide that the complainant has standing and is entitled to be represented by legal counsel during rape shield proceedings.

The Criminal Code already clearly defines consent as voluntary agreement to the sexual activity in question. It also sets out a list of circumstances when consent has not been obtained as a matter of law. For example, the Criminal Code currently states that no consent is obtained where the complainant is incapable of consenting. One of the proposed amendments to the bill would make it clear that there is no consent when the complainant is unconscious, as set out by the Supreme Court of Canada decision in J.A. As the court reminded us there, consent must be contemporaneous or received at the time of the sexual activity in question. To most of us, it seems obvious that an unconscious person cannot consent to sexual activity. Nevertheless, providing for this additional clarity in the Criminal Code promises greater protection for victims of sexual assault.

While many have welcomed these amendments, some have also expressed concern. Specifically, some have noted that this amendment may pose a risk of being interpreted in a way that would disadvantage victims. They argue that codifying the rule that consent cannot be obtained from an unconscious person could lead to defence counsel arguing in court that the law no longer recognizes incapacity to consent short of full unconsciousness, such as when a complainant is extremely intoxicated or only semi-conscious. While our government shares the viewpoint of these critics—that consent must be ongoing and affirmatively given—respectfully, the government does not believe that this is a legitimate concern. Our government agrees entirely that the law should remain clear on this point. Consent cannot be obtained from an unconscious person, and the law also remains that consent cannot be obtained from a person who is conscious but incapable of consenting, for other reasons.

However, this is already clearly reflected in the bill. Unconsciousness is set out in a different subsection from the one that refers to incapacity generally, and new language is proposed to make it abundantly clear that incapacity to consent can be for reasons other than unconsciousness. This demonstrates that the unconsciousness provision is not intended to preclude or replace the many other situations that may be captured by the incapacity provision. Simply put, unconsciousness does not subsume all of the existing circumstances of incapacity to consent. Both would be reflected in the text of the Criminal Code.

The legislation would also amend the defence of mistaken belief in consent. This defence operates where it has been proved as a matter of fact that there was no consent, but the accused asserts that he genuinely, albeit mistakenly, believed that the complainant consented. The law already sets out restrictions on the accused's ability to use this defence. The accused cannot raise the defence if the accused's belief was due to the accused own recklessness, willful blindness, intoxication, or failure to take reasonable steps to confirm consent.

Bill C-51 would amend the law to clarify, in accordance with the Supreme Court of Canada decision in Ewanchuk, that this defence is also not available if the accused's belief is based on a mistake of law. For example, if the accused believed that the complainant consented, even though she was unconscious, or if the accused believed that the complainant's silence or passivity meant that she consented, there would be mistakes of law, and the defence, therefore, would not be available. I believe these changes would help to minimize errors by making the code clearer, more accessible, and easier to apply.

Another amendment concerns the rape shield provisions, which regulate the admissibility of evidence of a complainant's past sexual activity in a manner that balances the complainant's dignity and privacy interests with the fair trial rights of the accused. These provisions were introduced by then minister of justice the Right Hon. Kim Campbell in the early 1990s in order to guard against courts relying on what are known as the twin myths, those being that a complainant's past sexual activity is evidence that she is more likely to have consented to the activity in question, or that she is less worthy of belief.

Bill C-51 would amend the rape shield provisions to clarify that they apply not only to past sexual activity but also to communications made by the complainant that are of a sexual nature or are made for a sexual purpose. Just as it would be inappropriate to infer complainants were more likely to have consented based on their past sexual activities, it is equally inappropriate to find that they are more likely to have consented because of the sexual nature of their past communications. Some courts are already applying the rape shield process to such communications. Bill C-51 would standardize this procedure.

The bill would also fill a gap in the law by introducing a specific procedure for determining the admissibility of private records relating to the complainant, such as private journals or therapeutic records, which are in the possession of the accused. Specifically, if those accused seek to adduce complainants' private records, they must bring an application under the new provisions. As is the case under the existing rape shield provisions, such records would be admissible if the judge determines that they are relevant to an issue at trial and have significant probative value that is not outweighed by the danger of prejudice to the proper administration of justice.

It is worth noting that these changes would implement a recommendation of the Senate Standing Committee on Legal and Constitutional Affairs from its 2012 report on the third party records regime.

Other changes to the sexual assault regime include expressly clarifying that complainants must be informed of their right to be represented by a lawyer in the course of rape shield proceedings, as well as an extension of the notice period associated with such proceedings, to ensure that all parties have adequate time to prepare.

I would like to briefly address some comments that have been made regarding these last two proposals and their impact on charter rights. Our government respects the charter rights of all Canadians, including those accused of crimes. This holds no less true in the context of sexual assault proceedings. We believe that these amendments maintain the fair trial rights of the accused, and at the same time, they recognize the privacy rights of victims. Indeed, the amendments' objectives are largely the same as those that underpin the rape shield provisions, which were found to be charter compliant by the Supreme Court.

More information on the charter compliance of these changes can be seen in the charter statement, which was tabled in this House on June 6.

Ultimately, these important amendments to the law of sexual assault would help ensure that victims are treated with the utmost respect and the compassion they deserve, and that offenders are held to account.

I would now like to address the other Criminal Code amendments proposed in this bill. In keeping with the Minister of Justice's mandate, this diverse set of changes would make the law more relevant, more modern, and more consistent with the charter.

One cluster of amendments involves the repeal of Criminal Code provisions that have been found unconstitutional by appellate courts. For instance, the bill proposes to remove the restriction that prevents sentencing courts from giving enhanced credit to those detained prior to trial because they had breached a condition of bail. This part of the provision was found unconstitutional by the Manitoba Court of Appeal last year in Regina v. Bittern. This amendment would complement the change proposed in Bill C-39 that would remove the restriction on giving enhanced credit to those who were detained due to a previous conviction. This was found unconstitutional last year by the Supreme Court of Canada.

The bill also proposes to remove a variety of evidentiary presumptions that have been found unconstitutional by appellate courts, including presumptions related to gambling offences. Presumptions are shortcuts designed to help the prosecution prove an element of the offence by instead proving a different but related fact. These provisions may sometimes violate the presumption of innocence, which is a fundamental precept of our criminal justice system and one we are committed to upholding.

Another set of amendments would repeal what is known as a “reverse onus”, which refers to placing a burden on the accused to prove a fact. Normally the presumption of innocence places the burden of proof on the crown throughout the trial, and any transfer of that burden of proof to the accused may unjustifiably violate the presumption of innocence. Some reversals can be upheld constitutionally; an example is the reversal of the burden of proof associated with the defence of mental disorder. However, numerous other reverse onuses are likely to violate the rights of Canadians and should therefore be removed from the Criminal Code.

This bill would amend 32 offences that contain the phrase “without lawful excuse, the proof of which lies on him”. The second part of this phrase, “the proof of which lies on him”, is generally interpreted to create a reverse onus such that any time the accused wanted to raise a lawful excuse in defence against a charge, the accused would need to prove it on a balance of probabilities rather than just raise a reasonable doubt.

Our government does not believe that accused persons charged with these offences should be put to the task of challenging the constitutionality of these clauses, which present avoidable charter risks. Forcing people to challenge unconstitutional laws or laws that are likely unconstitutional delays criminal trials and burdens the justice system. This is not in the interests of victims, accused persons, or justice. Instead, our government is committed to continued leadership on proactive criminal justice reform while defending the rule of law.

I want to be clear that these amendments will not negatively impact public safety. These provisions being removed are either already found to be unconstitutional or likely to be found so, and as such they would not be operative in any case.

The bill also proposes to repeal offences that are outdated or otherwise redundant. It would repeal 20 such offences. Many Canadians may not know that the criminal law currently prohibits conduct such as challenging someone to a duel, posting a reward for the return of a stolen item with no questions asked, possessing crime comics, advertising a drug to enhance sexual virility, publishing a blasphemous libel, and fraudulently practising witchcraft.

Canadians are far better served by a Criminal Code that is focused on conduct that actually causes harms or risks causing harms to Canadians and our fundamental values.

Finally, the bill would amend the Department of Justice Act to create a new statutory duty for the Minister of Justice. This duty would require the minister, and future ministers, to table a charter statement for every government bill that is introduced. That statement will set out any potential effects a bill may have on the charter rights and freedoms of Canadians.

The Minister of Justice has already been tabling these statements in relation to bills that she has introduced. The proposed amendment to the Department of Justice Act would formalize this practice and extend it to all government bills. This would complement the existing duty on the Minister of Justice to examine every government bill for inconsistency with the charter.

Going forward, charter statements will identify and highlight key charter rights and freedoms that are engaged by any government bill tabled after this legislation comes in force. They will also set out considerations that support the justification of any limits that a bill may have on a charter right or freedom.

That said, charter statements are not the same as the legal advice provided by a minister of justice or his or her officials during the course of a bill's development. That advice will remain confidential and protected by solicitor-client privilege.

Rather, charter statements are intended to provide Parliament and the public with legal information about the charter implications of proposed legislation. They are meant to flag key charter issues and to be a resource to Parliament and the public for the purposes of enriching debate.

This initiative is motivated by the Minister of Justice's commitment to openness and transparency and is intended to further the commitment in relation to one of our government's core responsibilities: enacting legislation that respects the Constitution, including the rights and freedoms guaranteed by the charter.

This amendment is particularly timely, as 2017 marks the 35th anniversary of the Charter of Rights and Freedoms. This initiative recognizes the essential role the charter plays in our free and democratic society, and our government is very proud to propose it.

I urge all members to support this important legislation, which represents one more step in the minister's review of the criminal justice system, one more step in our government's commitment to the charter, and one more step toward ensuring that our laws are relevant, fair, and accessible to all Canadians.

Criminal CodeGovernment Orders

June 15th, 2017 / 4:55 p.m.
See context

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, I want to ask a specific question and mention one thing.

This is, after all, a justice omnibus bill, and so let us get that first part out of the way.

I think everyone on this side of the House will support the sexual assault provisions that are being proposed by the government. I think those are quite good.

I want to ask about clause 14. The government is proposing to get rid of section 176 of the Criminal Code, which is a general prohibition against interrupting religious services or interfering with members of the clergy.

I think that is very expansive as a definition. I see it affecting not just clergy in its 150-year-old definition, but members of all faiths with religious leaders who can undertake a rite such as a funeral. This section is not obsolete. It is actually being used right now in a criminal case in Ottawa. The charges were laid June 9, 2017.

I want to better understand why the government is proposing to go ahead with this. It is a portion of the Criminal Code that is actually quite useful and gives extra protection to members of all faiths.

Criminal CodeGovernment Orders

June 15th, 2017 / 4:55 p.m.
See context

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, I take issue with the member's characterization of this bill as an omnibus bill. This bill is designed to create a judicial system that is more open, clear, transparent, and fair to all of the parties involved and engaged in it.

With respect to the provisions being removed, all of the provisions that are proposed to be removed in this legislation have been found to be either unconstitutional, redundant, or obsolete. Those are the guiding principles that informed the government's position in this bill, and I urge all members to support it.

Criminal CodeGovernment Orders

June 15th, 2017 / 4:55 p.m.
See context

NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, I would like to say on the record that of course we welcome the changes to protect victims of sexual assault. The rape shield changes that allow a complainant to have a lawyer during the proceedings are very welcome.

This will be an option for those who can afford a lawyer, but unfortunately many in my riding would not be in a position to have access to a lawyer. I wonder if my colleague could comment on whether the government will be looking at committing increased funding so that folks can get legal aid or get a lawyer to help them through the process.

Criminal CodeGovernment Orders

June 15th, 2017 / 4:55 p.m.
See context

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, I am very happy to hear that the member is supportive of the measures that have been included in this bill to ensure that victims have a voice in sexual assault trials, which is squarely within the fundamental objectives of this bill. I also want to echo the member's concerns regarding access to justice. She will recall that last year, this government provided additional resources for legal aid in an effort to ensure that we enhanced access for those who are engaged in the criminal justice system.

We continue to have good, productive, constructive discussions with all of our provincial partners.

Criminal CodeGovernment Orders

June 15th, 2017 / 4:55 p.m.
See context

Conservative

Earl Dreeshen Conservative Red Deer—Mountain View, AB

Mr. Speaker, I want to get back to the point that the member for Calgary Shepard presented. There was some discussion about a bunch of other things, but there was no direct answer to the question about section 176, which was used earlier this month and is indeed not obsolete. I wonder if there is any evidence the member could show us or if the government was aware that this provision is being used.

If obsolescence is the rationale, then perhaps this section should be brought out of that.

Criminal CodeGovernment Orders

June 15th, 2017 / 4:55 p.m.
See context

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, just to return to the fundamental principles that have informed the sections being targeted for removal, we have identified two principal categories: those that have already been found to be unconstitutional or are likely to be found unconstitutional, and those that are either redundant or obsolete. That is not to say that there could not be a scenario in which charges would be laid even though the provisions in question would fit into one of those two categories.

We are mindful of the questions that have been raised by our colleagues, but I return to the two principles that have informed those impugned provisions in the bill.

Criminal CodeGovernment Orders

June 15th, 2017 / 5 p.m.
See context

Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, there is a lot in this omnibus justice bill that we agree with when it comes to sexual assault and other provisions, but what I found ironic was the member's comment about a “deep commitment” to victims and our criminal justice system.

Last week in this chamber, we highlighted the fact that the government is not funding a registry that would protect victims and families from some of the most dangerous criminal sexual offenders. The member's rhetoric is certainly not matched by the government's commitment. If they were being penny-pinchers, I might understand, but with $30-billion deficits and the registry costing a paltry sum, I would like the member, particularly given his experience as a crown attorney and his knowledge of how dangerous some of these offenders are, to explain why the government would not fund this registry.

Has he matched his rhetoric in the House with his rhetoric in caucus? Has he been pushing his minister and his government to fund this registry?

Criminal CodeGovernment Orders

June 15th, 2017 / 5 p.m.
See context

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, my colleague knows that I hold him in high regard.

With regard to rhetoric, it was his government that introduced legislation for this registry but refused to fund it with a single penny. On this side of the House, when we introduce legislation, we put our money where our mouth is every single time.

With respect to the provisions to give victims a voice, he well knows that there is $28 million a year in base funding for victims. In addition to that, this government recently provided additional resources in budget 2017 to ensure that judges and members of the court are able to give voice to victims who are engaged in sexual assault trials.

In addition to that, we worked collaboratively with the former leader of the member's party to ensure that even more additional resources were given to judicial officers to ensure that everyone has a fair trial and that victims get the justice they deserve.

Criminal CodeGovernment Orders

June 15th, 2017 / 5 p.m.
See context

Liberal

Mark Holland Liberal Ajax, ON

Mr. Speaker, despite the fact that the bill was introduced at the end of his government's 10-year mandate and the government did not provide funding for it, is the registry of which those members speak an aggregator of existing data?

Would he agree as well that when the police believe somebody is dangerous and release that information, there are real concerns? This is one of the reasons we have to be so careful. We must not just jump to rhetorical conclusions, but actually look at the evidence. Would he agree that a registry such as the one that they are proposing might actually make our communities more dangerous, because individuals will go underground and not say where they are or else move to jurisdictions that have no such registry, such as Quebec or New Brunswick?

Would he agree with me that what he is proposing in his rhetorical flourish would make our communities potentially more dangerous and that we should be careful?

Criminal CodeGovernment Orders

June 15th, 2017 / 5 p.m.
See context

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, I want to begin by congratulating the parliamentary secretary and the Minister of Public Safety for their work on this issue.

We are an evidence, fact-based government. We will absolutely ensure that our law enforcement actors have the resources they need so that our communities and our families can be kept safe.

I also agree with my colleague's comments that it is very important that we place trust, faith, and confidence in our police officers to work with communities to ensure that when offenders are released back into the community, it is done in a completely safe manner.

Criminal CodeGovernment Orders

June 15th, 2017 / 5 p.m.
See context

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I am pleased to rise in the House to speak to this latest bill introduced by the Minister of Justice, an act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act. Our colleagues are right when they call this the justice omnibus bill, and this is one of the discussions I have had with my colleague, the member for St. Albert—Edmonton, on all the different areas that are covered by this bill.

One of the things I have notice in question period is that any time Liberal cabinet ministers get up, they always thank the members of the Liberal Party for all their hard work and support. I wanted to use that precedent to thank the hon. member for St. Albert—Edmonton for all the work he has done in the justice area.

He is correct, and my colleagues are correct when they call this an omnibus bill. I believe it was in March of this year, the government House leader introduced a paper on the whole subject of omnibus bills, and stated:

Omnibus bills can be defined as a bill that contains separate and unrelated themes packaged into one bill. Members are then forced to vote for or against a bill that could have elements that Members would support or oppose. The only recourse for Members has been to seek to divide omnibus bills in committee, but these motions rarely come to a vote or are agreed to by way of unanimous consent.

Bill C-51 fits that description, because rather than dealing with one issue, the bill proposes to tackle at least four different matters at once. First, the bill sets out to clarify and strengthen certain aspects of sexual assault, relating to consent, admissibility of evidence, and legal representation for the complainant; second, the bill repeals a number of provisions in the Criminal Code that have been found unconstitutional by appellate courts, and other provisions that, in their opinion, might likely be found unconstitutional; third, the bill repeals several obsolete or redundant criminal offences; and fourth, it introduces a requirement of a charter statement to go along with any new government bill proposed by the Minister of Justice in the future.

In addition, as the government House leader's paper reads, “Members are then forced to vote for or against a bill that could have elements that Members would support or oppose.”

The bill has elements that we support, but there are some elements that we oppose. First, let me be very clear. We strongly support what Bill C-51 does in terms of clarifying and strengthening the sexual assault provisions. I appreciate the comments from the parliamentary secretary when he said that Kim Campbell introduced these in the early nineties, when I had the privilege of being her parliamentary secretary. It was great to work with her. There were so many different elements that we had to move on in the Criminal Code, and of course, this had the support of the Right Hon. Brian Mulroney throughout, and our efforts to stand up for victims and to protect law-abiding Canadians.

We support the provisions that the government has put in, among other things: to clarify that an unconscious person is incapable of consenting; to clarify that the defence of mistaken belief in consent is not available if the mistake is based on a mistake of law; to expand the rape shield provisions to include communications of a sexual nature or sexual purpose; to provide that a complainant has a right to legal representation in rape shield proceedings, that is an excellent idea; to ensure that an individual's previous sexual history has no bearing on questions of consent; and to create a regime to determine whether an accused can introduce a complainant's private records at trial that are in their possession. These are all very important. I believe they are all changes that we as Conservatives support.

In addition, we are supportive of Bill C-51 where it repeals and amends a number of provisions of the Criminal Code that have been found unconstitutional by appellate courts . We have seen before the risks and hurt that can be caused when sections of the Criminal Code have been ruled unconstitutional and are not removed.

One does not have to look any further than the Travis Vader murder in Alberta, during which the judge convicted the accused under an unconstitutional provision. Consequently, and unfortunately, the case had to be re-tried, causing difficult hardship, and unnecessary pain for the victims' families. Removing provisions that had been ruled unconstitutional by the courts is an important measure to take.

With that said, we take issue with some parts of this legislation. For one, we disagree the government needs to introduce a charter statement for every new piece of government legislation that is introduced by the Minister of Justice and Attorney General of Canada. Although the required charter statement sounds like it might be a good idea, Canadians know that many safeguards already exist. First and foremost is the Charter of Rights and Freedoms itself. Coming into effect 35 years ago, the charter's objective is laid out in section 1:

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

The Canadian governments, both Liberal and Conservative, have been introducing justice legislation since 1982, after the charter came into effect. It has never been a requirement that the government create a charter statement for every justice legislation. It is simply not necessary.

Any legislation that is controversial can be challenged by citizens or groups in court. This will always happen regardless of this new charter statement. I have no problem with the idea of charter statements in general. In fact, if this minister so desires, I would welcome her attaching this to all the legislation that she puts forward. However, to require these as statements by law is another matter. I think it is unnecessary.

If she wants to put out a statement that she believes it complies with the Charter of Rights and Freedoms, she should also include that it complies with the Canadian Bill of Rights that has been in place in this country since 1960, since John Diefenbaker was prime minister. She could do that, but it is unnecessary to bind all future governments and justice ministers by putting that in.

Lastly and most importantly, the Conservatives disagree with some of the sections that the government claims are obsolete. In particular, I want to bring to the attention of the House our opposition to clauses 1 and 14 in Bill C-51.

First of all, in clause 1 of Bill C-51, the government is proposing to repeal section 49 of the Criminal Code. This is what that section currently says:

Every one who wilfully, in the presence of Her Majesty,

(a) does an act with intent to alarm Her Majesty or to break the public peace, or

(b) does an act that is intended or is likely to cause bodily harm to Her Majesty, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

I do not really get why the Liberals are doing this. I was thinking about this on Sunday. I was in Niagara-on-the-Lake for the 225th anniversary of St. Mark's Church. The sermon was given by Bishop David Ralph Spence, who said there were three themes he wanted to talk about. One was the 225th anniversary of St. Mark's Church, and all the good that that church has done, and all the good that has come from the people who attend that church, and what an asset that has been. That church goes right back to when Governor Simcoe was the governor of Upper Canada, back in 1792. That was one of the themes he wanted to talk about.

Then he said he wanted to talk about the 150th anniversary of Canada, and what an asset our country has been since Confederation in 1867. Then he also made a very interesting point. He said that this year is also the 65th anniversary of Her Majesty Queen Elizabeth's accession to the throne. He talked about, and I was thinking about it at the same time, what a wonderful individual she has been in terms of public service to this country as our head of state. Why would the Liberals decide in her 65th anniversary on the throne that it is a good idea to get rid of the section that specifically protects our head of state against anyone threatening or attacking her? It makes no sense to me.

I am also disappointed about the proposed clause 14 in Bill C-51, which would repeal a number of sections and replaces them with something entitled “Trespassing at night”. In short, that clause would get rid of section 176. One of my colleagues raised this matter with the parliamentary secretary.

This section does nothing other than protect the safety and well-being of religious clergy and ministers against dangers and threats. This section also deters someone from disturbing or interfering with a religious worship and ceremony. By repealing this section, the government would be removing the only provision in the Criminal Code that directly protects the rights of individuals to freely conduct the practice of their religion, whatever that religion may be. At a time when news stories are increasingly reporting attacks on religious communities, this concerns me. I have to stand up for the rights of my constituents and all Canadians to practise their religion without fear, recrimination, violence, or disturbance.

The irony of this is that we had a number of debates in the House when the Liberals were telling us how concerned they were about people's right to practise their religion without fear, intimidation, hatred, or prejudice. That is what they said. I did not get into the debate with the parliamentary secretary. This is not obsolete, it is not unconstitutional, it is very important. It is important enough, I can tell the House, that just this year a woman was charged under this offence for allegedly breaking the statue of Jesus at Saint Patrick's Basilica in downtown Ottawa. That section is being used right now, so I cannot imagine why the Liberals would want to repeal it.

I suggest to the Liberals that when they go home this summer, they should tell members of their clergy and people in their ridings that they are removing the section that protects people's right to conduct religious ceremonies, and getting rid of the section that specifically outlaws people who disrupt a religious service. I would be very interested in the feedback they will get on this.

I will be talking to my constituents about this, because they have a right to know that this is the proposal from the Liberal Party. In September, I am going to ask my colleagues what their constituents said and whether they thought it was something they have to get rid of, that anybody who causes a disturbance or threatens somebody is the same thing as a fight in a bar somewhere. I am willing to bet that their constituents will say that it is very serious for anybody to threaten a member of the religious community, or in any way disturb a religious service.

I am hoping the Liberals will reconsider both of those provisions. They are both important to continue. In keeping with the comments I made earlier with respect to this omnibus legislation about how we support some sections and do not support others, I move that notwithstanding any Standing Order or usual practices of the House, when Bill C-51, an act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another act, is referred to the Standing Committee on Justice and Human Rights, it be an instruction to the committee that during its consideration of the bill, the committee be granted the power to divide the bill into three pieces of legislation, one bill containing clauses 1 and 14, one bill containing sexual assault provisions, and one bill containing the remaining provisions of Bill C-51.

Criminal CodeGovernment Orders

June 15th, 2017 / 5:15 p.m.
See context

Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Does the hon. member have the unanimous consent of the House to propose the motion?

Criminal CodeGovernment Orders

June 15th, 2017 / 5:15 p.m.
See context

Some hon. members

Agreed.

No.