Bill C-51 (Historical)

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

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.

Criminal Code

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

moved that the bill be read the third time and passed.

[Marco Mendicino, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, our government was proud to introduce Bill C-51 on June 6, 2017. That day marked an important milestone in our ongoing efforts to make the criminal law fairer, clearer, more relevant, accessible, and compassionate.

Since that time, Bill C-51 has been the subject of extensive and compelling debate both at the second reading stage and during its study by the House of Commons Standing Committee on Justice and Human Rights.

I want to offer my thanks to the many members who have participated in these debates and to members of the standing committee in particular, whose deliberations strengthened Bill C-51 through amendments that seek to further the objectives we identified when we introduced this important legislation.

I would also like to extend my great appreciation to the many witnesses who took the time to examine the bill and appear before the Standing Committee on Justice and Human Rights. Although I may not agree with all the points that were made by the witnesses who spoke to this bill, I fully recognize the importance of their contributions because they have allowed Parliament to have a rich and thorough discussion on the bill.

I now want to walk through the changes included in Bill C-51. These have received broad support in this House, at committee, and among key stakeholders.

Bill C-51 seeks to address sexual assault, an issue that could scarcely be more relevant, given the present Canadian and international discourse on this important subject. Survivors of sexual assault and other forms of sexual misconduct are standing up and speaking out as never before. I am proud to say that our government stands behind survivors and that we are adding our voice to theirs by bringing change on numerous fronts, including the reforms set out in Bill C-51.

The bill proposes amendments that build upon an already robust legal framework that has been consistently regarded as one of the best sexual assault regimes in the world. However, despite its explicit acknowledgement that outdated myths about a victim's sexual history should have no bearing on whether she should be believed, and despite the clear rules about when consent is or is not valid in law, challenges remain.

What are those challenges? We know that sexual assaults continue to occur far too often in Canada. According to Statistics Canada, there were approximately 21,000 police-reported sexual assaults in Canada in 2016. That is an average of 57 sexual assaults every day in Canada. That number is staggering, but when, according to the general survey on victimization, only five per cent of sexual assaults experienced by Canadians over 15 are reported to the police, the likely number of actual sexual assaults that occur every day in Canada becomes unfathomable and could well be over 1,000 incidents every day. When thinking about those numbers and the fact that so many cases of sexual assault go unreported, we must think about what we can do to not only reduce the incidence of sexual assault in Canada but ensure that more victims, and let us be clear that this is a gender-based crime that disproportionately targets women and girls, feel encouraged to come forward to report their experiences to the police and to law enforcement.

One way we can, at the federal level, help encourage women to come forward is through law reform that increases the likelihood that our laws will be applied as they were intended, and in so doing, reduce the potential for unnecessary distress experienced by victims who participate in the criminal justice process. That is what Bill C-51 proposes to do. As introduced, it would make important changes to clarify the law, including by making clear that consent must be affirmatively expressed by words or actively expressed through conduct. This principle would codify the Supreme Court of Canada's 1999 Ewanchuk decision and make clear that there is no consent unless the complainant said yes through words or through conduct. Passivity is not consent.

We have also codified the principle set down by the court in its 2011 decision in R. v. J.A., where the court held that a person cannot consent in advance to sexual activity that occurs while they are unconscious.

The Standing Committee on Justice and Human Rights heard a number of witnesses on this particular amendment. Some witnesses expressed their support for this codification, but others argued that it did not entirely or accurately codify the court's findings in R. v. J.A. Those witnesses argued that J.A. stands for a broader proposition. They noted that the court held that our consent law requires ongoing conscious consent and that partners have to be capable of asking their partners to stop at any point. Our government was listening carefully to witnesses and members, and we are pleased to support the committee's amendment to Bill C-51 that would codify this broader principle from J.A. Doing so is in keeping with the objectives of the bill, including to ensure that the Criminal Code is clear and reflects the law as applied by the courts.

Bill C-51's proposed sexual assault reforms do more, however, than simply codify key Supreme Court decisions. They will also create a new regime governing the admissibility of evidence in the hands of an accused person, where that evidence is a complainant’s private record. At its core, this regime is anchored in the following key principles.

First, it respects the fair trial rights of the accused in that it does not prevent relevant evidence from being used in court. The Supreme Court has already recognized that an accused's right to full answer and defence does not include a right to defence by ambush.

Second, it acknowledges the privacy interests of a complainant. While privacy interests do not trump all else, the regime seeks to acknowledge that victims of sexual assault and other related crime, even when participating in a trial, have a right to have their privacy considered and respected to the greatest extent possibly.

Finally, the regime seeks to facilitate the truth-seeking function of the courts by ensuring that evidence that is clearly irrelevant to an issue at trial is not put before the courts, with its potential to obfuscate and distract the trier of fact.

These are important changes and ones that have been called for by Parliament. In their 2012 report on the third-party-records regime in sexual assault proceedings, the Senate Standing Committee on Legal and Constitutional Affairs recommended the enactment of a regime governing the admissibility of a complainant's private records in the hands of an accused. I am pleased that we are doing so as part of Bill C-51.

The second major aspect of Bill C-51 is its proposal to clean up the Criminal Code by removing offences that are no longer relevant because they address conduct that is not inherently blameworthy, because the criminal law should not be used to target such conduct, or because the conduct is addressed by other offences of general application.

To be clear, a foundational principle upon which our criminal law is based is that of restraint. This means that we, as parliamentarians, should ensure that criminal offences, with all the attendant stigma and consequences associated with being called a criminal, are only used to address conduct that cannot or should not be addressed through other mechanisms. Bill C-51 would reflect this principle by removing offences such as the prohibition on advertising the return of stolen property “no questions asked”, a provision under section 143; making crime comics; challenging someone to a duel; and impersonating someone during a university exam.

I am confident that removing these offences will have no adverse consequences and will help make our criminal law more reflective of the values Canadians hold dear in 2017.

Bill C-51 would make other important changes to remove offences that are no longer pertinent in today's society. One such example is the removal of the offence of blasphemous libel under, currently, section 296. This old offence, with its English origins in the 1600s, has as its purpose the suppression of criticism directed at God, the king, and government. Such an offence is a historical holdover and has no place in a liberal democracy, where freedom of expression is enshrined as a constitutionally protected right. In so removing this offence, we would follow the example of the United Kingdom, which repealed its analogous offence almost a decade ago, in 2008.

During the committee proceedings on Bill C-51, we heard testimony from the Centre for Free Expression that we should go further and that in addition to repealing blasphemous libel, our government should be repealing the offences targeting seditious and defamatory libel as well. Although such amendments would have been outside the scope of the bill, these are interesting suggestions, and they do indeed warrant further discussion.

I know, for example, that England abolished its seditious libel offences in 2009. I also know that there are divergent opinions on whether defamatory libel should be criminal. We have all benefited from the discussion on these proposals, and our government will take them under advisement as we continue to examine ways to make our criminal law and criminal justice system more reflective and responsive to the realities of Canada today

Before moving on, let me talk briefly about the amendment made by the standing committee to Bill C-51, which is supported by our government, that seeks to retain section 176, the offence of interfering with religious services. As the minister said when she appeared before the committee to discuss the bill, the repeal of section 176 would, in fact, not leave a gap in the criminal law's ability to meaningfully respond to the conduct captured by this offence. She also said that its removal would not in any way undermine the ability of Canadians to practice their faith freely and free from violence. Both statements remain true today.

At the same time, we appreciate and acknowledge that for many stakeholders, the removal of the offence would send the wrong message and that in an era when xenophobia and religious intolerance are all too frequent, Parliament has a responsibility to ensure that its actions do not, directly or indirectly, provide opportunities for the promotion of such intolerance.

Our government was listening carefully to members of the religious community, and I am pleased to say that we will support not only the retention of section 176 but an expansion of that section to ensure maximum inclusivity.

By way of conclusion on this point, I would note that intolerance of any kind is simply unacceptable, and I know that the vast majority of Canadians, even when they may not share the same religious convictions as their neighbours, will conduct themselves in a manner that is respectful and welcoming. Intolerance that leads to threats or violence must be swiftly addressed by the police, and I know that the criminal law provides them with a broad range of tools to effectively respond to such conduct.

Bill C-51 also reflects our government's unwavering commitment to respect the Charter of Rights and Freedoms. It does so in a number of ways. First, Bill C-51 proposes to amend provisions that have been found unconstitutional by our courts.

In this vein, Bill C-51 builds on the work we started with Bill C-39, which we introduced on March 8, 2017. Bill C-39 repeals provisions found unconstitutional by the Supreme Court of Canada, as well as the prohibition against anal intercourse that has been found unconstitutional by numerous courts of appeal.

Bill C-51 seeks to repeal provisions found unconstitutional by appeal courts, and in some cases trial courts, in circumstances where there can be little doubt as to their unconstitutionality. For example, Bill C-51 seeks to repeal the rule that prevents judges from giving enhanced credit for pre-sentence custody for offenders who were detained due to a bail breach. This rule has been found unconstitutional by the Manitoba Court of Appeal and creates a situation where similarly situated offenders can receive substantially different credit for pre-sentence custody, which can undermine public confidence in the administration of justice.

Bill C-51 also proposes to amend a number of provisions that could result in an accused's being convicted for an offence, even though they raised a reasonable doubt as to their guilt. Such an outcome is at odds with the most basic rules and fundamental principles upon which our criminal law is based, not to mention our charter rights.

These changes are important, and we are not waiting for costly unnecessary charter litigation to tell us that these rules are unconstitutional. Making these changes would ensure that our criminal justice system is more efficient and continues to hold offenders to account while reinforcing the fundamental principle that it is the state that bears the responsibility of proving offences beyond a reasonable doubt.

Our respect for the charter is also evident in the changes we are proposing to the Department of Justice Act. Although these changes have not been the subject of significant debate or commentary, a number of witnesses who testified before the justice committee welcomed this innovation in our law.

The amendments proposed in Bill C-51 will require our government, and all future governments, to table in Parliament a statement outlining the potential charter effects of all government legislation. The Minister of Justice has been doing this already as a matter of practice, but with Bill C-51, it will become an obligation.

These charter statements provide information to Parliament, stakeholders, and the public writ large about the charter rights and freedoms that are potentially engaged by a bill and set out how they may be engaged.

In the charter statement for Bill C-51, for example, the sexual assault reforms are discussed and an explanation is provided on how they interact with an accused's section 7 right to life, liberty, and security of the person. The charter statement further notes how a failure to remove unconstitutional laws can undermine the rule of law, create confusion, and make our Criminal Code less accessible.

I am proud of these reforms and believe that charter statements will quickly become a critical resource for justice system participants, parliamentarians, and members of the public who are interested in learning more about how our laws may engage the charter.

Let me conclude by again thanking all members for their excellent deliberations on Bill C-51. The widespread support it has received is testament to its importance and the need to move forward with these changes. I look forward to continuing to follow Bill C-51's passage through Parliament, and will continue to work diligently to bring forward the kinds of changes needed to address the most pressing challenges facing our criminal justice system today.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I thank my colleague for his speech, which demonstrates the breadth and scope of the issues being addressed in Bill C-51. One of the issues he addressed had to do with the modification of language around consent to clarify exactly that means in an effort to codify some of the jurisprudence on the issue in the law.

I got to sit in briefly at some of the committee meetings dealing with Bill C-51, and stakeholders expressed a lot of concern, not about the language of unconsciousness itself and the inability to provide consent while unconscious, but the fact that it might be interpreted or argued by some that the emphasis on unconsciousness might rule out some of the other very real barriers to providing consent that are seen to be protected under the law. Our party and the Green Party both suggested amendments that might help allay some of those concerns. They were defeated.

The hon. member mentioned that some amendments were accepted. Did the governing party accept amendments on that particular issue, and if so, how did they address those concerns specifically?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, I thank my hon. colleague for his very thoughtful and articulate question.

I agree with him that Bill C-51, in the section that deals with reforming sexual laws, is precisely about clarifying the law. It is about ensuring that we are sensitive to the long-held and inappropriately held myths when it comes to those victims and survivors who have the courage to step forward. By passing this law, we will be reducing the systemic barriers, which for far too long have afflicted the criminal justice system and prevented women and girls from stepping forward.

With respect to the rape shield laws, I want to assure my hon. colleague that all of the amendments were carefully debated at committee. We are grateful to the committee for all of its work and for bringing forward those amendments, which have been adopted by the government. The rape shield provisions are tested in the law. They are about clarifying when consent has been lawfully provided and when it has not. I am encouraged that this bill will ensure more certainty and more clarity on this important subject.

[Celina Caesar-Chavannes, Liberal, Parliamentary Secretary to the Minister of International Development]

Madam Speaker, I thank my colleague for his very thorough and thought-out remarks.

Many people in my riding of Whitby, and I am sure in my colleague's riding of Edmonton, and across the country were very much seized with the #MeToo campaign and the notion that women have come forward, but that a number of their complaints have either not been followed through or the women have not received the adequate justice they need.

Could my hon. colleague explain to my constituents, as well as his, and to all Canadians how this piece of legislation and the amendments brought forward could strengthen our current legislation and allow women to feel they will have justice at the end of the day?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, I have the privilege of working with my colleague very closely on this important file. In fact she joined me very recently in my riding of Eglinton—Lawrence where we talked about criminal justice reform.

To answer the member's question, this bill will enable and empower women and survivors to step forward in a number of important ways. Number one, it will clarify our sexual assaults laws. It is very important that women know that they have the support they need from law enforcement, from our laws, from all stakeholders in the criminal justice system. It will do that.

It will clarify the laws around consent. It will ensure that an accused who is charged with this crime will not be able to rely on evidence of propensity, which is far too prejudicial and which we know far too often depends on old, outdated myths and stigmas. Bill C-51 is all about reducing those systemic barriers.

I want to applaud my hon. colleague for all the work she does in supporting women and survivors on this important file.

[Tony Clement, Conservative, Parry Sound—Muskoka, ON]

Madam Speaker, I want to follow up on that very same question, because in Muskoka and Parry Sound, the number of so-called dropped cases has been amongst the highest in the nation. We have been working very closely with the OPP in Muskoka and Parry Sound, based on a Swedish model, where there is accountability, transparency, proper training, and a respect for the victims who have come forward.

Would the hon. member agree that it is that kind of holistic solution, not only in legislation but also with the police services working with the community generally and those who deal specifically with sexual assault cases, that can bring these issues to better justice?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, I indeed agree with those sentiments. I thank my hon. colleague for the way he carefully articulated them.

In addition to the reforms that Bill C-51 will be implementing to clarify the law around sexual assault and consent, I want to point out a number of important initiatives that the government has supported to support victims and survivors of sexual assault.

Number one, we have provided additional funding and resources to legal aid. In addition to that, we have implemented a pilot project in Ontario, in Newfoundland and, most recently, in Nova Scotia to provide free legal aid services for a certain number of hours for the victims who step forward, who have serious or any allegations of sexual assault. That is the kind of enhanced access to justice that I know my hon. colleague supports.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I want to come back to my previous question because I did not hear in the answer from the parliamentary secretary a reference to any particular amendment that has been adopted to address some of the concerns raised about what Bill C-51 might mean for the consent regime. I take his point that the goal of government is to provide greater clarity. Nonetheless, concerns have been raised by people who work with victims of sexual violence that notwithstanding the government's best intentions, it might inadvertently be changing the threshold for consent by tying it too closely to consciousness. The law currently recognizes a lot of other barriers to consent that one does not have to be unconscious for, because one can be conscious and have other reasons for why consent would not be valid.

Our party suggested alternative language through its amendments that would provide greater clarity and ensure that those existing protections under the law are not inadvertently voided by Bill C-51. The government did not take the opportunity to use that language. I did not hear a reference to amendments in his previous answer. Why did the government pass on that opportunity to provide greater clarity, which, according to the parliamentary secretary himself, is the purpose of Bill C-51?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, what Bill C-51 does is to clarify that there are two separate sets of circumstances wherein consent to sexual activity cannot be obtained: first, when the complainant is unconscious; and, second, when the complainant is incapable of consenting for any other reason. This is entirely consistent with the Supreme Court of Canada's decision in the J.A. case, and it is backed by the experts who testified before the committee. The committee heard that evidence. It carefully debated it. It has referred all of its deliberations back to this House, with the adoption of the amendments that had been put forward.

I appreciate my colleague's question. However, I want to assure him and all members of the House that Bill C-51 codifies carefully enunciated principles by the Supreme Court of Canada in the decision of J.A., which clarify when consent is provided and, most importantly, when it is not.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Madam Speaker, I am pleased to rise in the House today to speak to Bill C-51. The stated purpose of the bill is to streamline the Criminal Code of Canada by removing certain provisions that no longer have any relevance in contemporary society.

I agree with many of the revisions, such as the removal of clause 41 of section 365 of the Criminal Code, which states, “Every one who fraudulently (a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration”; and clause 4, the removal of section 71 pertaining to duelling in the streets, “Every one who (a) challenges or attempts by any means to provoke another person to fight a duel, (b) attempts to provoke a person to challenge another person to fight a duel, or (c) accepts a challenge to fight a duel”. These are a number of the provisions to be removed.

I suppose the government may argue that the provisions against duelling have worked, because it has disappeared from our streets. Therefore, people certainly got the message a long time ago. Witchcraft and neighbourhood duelling no longer have any bearing on our society today. That is one point on which we can agree.

The Conservative Party is also aligned with the strengthening of the provisions of the sexual assault legislation and, indeed, has led the way for supporting victims of sexual assaults by, among other things, the private member's bill introduced by former Conservative leader, Rona Ambrose, Bill C-337. The bill would make it mandatory for judges to participate in sexual assault training and ensure awareness in the judiciary in addition to education about the challenges sexual assault victims face. Her bill was designed to hold the Canadian judiciary responsible for the ongoing training of judges and the application of law in sexual assault trials.

Essentially, Bill C-337 would ensure the following. It would require that lawyers receive training in sexual assault as a criterion of eligibility for a federally appointed judicial position; that the Canadian Judicial Council provide an annual report to Parliament on the details of the type of sexual assault training offered and judicial attendance at the training, as well as the number of sexual assault cases heard by a judge before having received adequate sexual assault training; and that judges provide written reasons on decisions with regard to sexual assault.

As we will remember, this bill was passed in the House of Commons, and we were all very grateful to see it passed. It is now in the Senate and I hope the Senate will get the message and move forward on the bill, which has the support of this chamber and, I believe, Canadians across the country.

We are pleased the Liberals have followed our lead with regard to strengthening sexual assault provisions in the Criminal Code surrounding consent, legal representation, and expanding the rape shield provisions. The Conservative Party always stands up for the rights of victims of crime and have done so consistently, among other things, including the Canadian Victims Bills of Rights passed in 2015.

Bill C-51 would amend, among other things, section 273.1 to clarify that an unconscious person is incapable of consenting. Again, as my colleague pointed out, this is a reflection of the Supreme Court of Canada's decision in Regina v. J.A. It proposes to amend section 273.2 to clarify the defence of mistaken belief if consent is not available and if the mistake is based on a mistake of law, for example, if the accused believed that the complainant's failure to resist or protest meant the complainant consented. This, as was pointed out in the earlier speech of the parliamentary secretary, codifies a number of aspects of the Supreme Court of Canada's decision in R v. Ewanchuk from 1999.

As well, the bill would expand the rape shield provisions to include communications of a sexual nature or communications for a sexual purpose. These provisions provide that evidence of a complainant's prior sexual history cannot be used to support the inference that the complainant was more likely to have consented to the sexual activity in issue or that the complainant is less worthy of belief.

In addition, the bill would provide that a complainant would have a right to legal representation in rape shield cases, which I believe is very important. It would create a regime to determine whether an accused could introduce a complainant's private records at trial, which would be in his or her possession. This would complement the existing regime governing an accused's ability to obtain a complainant's private records when those records would be in the hands of a third party.

As I mentioned at the outset, some proposed changes we were adamantly against. As it turns out, thousands of Canadians were also adamantly against the removal of section 176 of the Criminal Code, the section of the Criminal Code that provides protection for religious services.

I would be hard-pressed in my career to know when I have received more emails, or more petitions or correspondence than on this section. When Bill C-51 was first introduced, the government interestingly enough made no mention whatsoever of the fact that it would remove the section that directly protected religious services and those who performed those services.

I was a little taken aback when I read legislation and I saw the removal of section 176. Even though I have practised some criminal law in my career, I had to check exactly what section we were talking about and, indeed, this was the section that said among other things:

(1) Every one who (a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent a clergyman or minister from celebrating divine service or performing any other function in connection with his calling, or (b) knowing that a clergyman or minister is about to perform, is on his way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a) (i) assaults or offers any violence to him, or (ii) arrests him on a civil process, or under the pretence of executing a civil process, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. (2) Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction. (3) Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction.

When the government did not mention this was what it would remove, I remember very clearly saying to my colleagues, when this first came up for second reading debate in June, that they should talk to their constituents and ask them if they thought this was a good idea to remove the section of the Criminal Code that directly protected religious services and if they were aware of the fact that the government now wanted to remove the special protection that members of the clergy had. I asked them see what the response was.

I think my colleagues in the Liberal Party must have heard the message. They would have heard the same things I heard when we brought this to everyone's attention. Interrupting a religious service is not the same as a scuffle, or yelling at a hockey game, or disruption of a meeting. Even people who do not attend religious services would agree that this is more serious. This is the message I certainly hoped the Liberals would get, that this section was and remained critical and removing it would have eliminated the provision that completely protected the rights of individuals to freely practise their religion, whatever that religion may be.

Ironically enough during the very week the justice committee was reviewing the government's plans to remove this, the worst mass shooting in Texas history struck an otherwise quaint small town in that state. Gunman Devin Kelley stormed the First Baptist Church in Sutherland Springs and killed more than two dozen people. The following Sunday, a funeral service was held at the church. The original plan was to hold a small service, but so many people were outraged and moved by this horrible incident that hundreds and hundreds of people came out to show their support for the people of the community. It reiterates the fact that religious freedom is part of the constitution of the United States and it is contained in the First Amendment.

In Canada, our religious freedoms are protected and section 176 of the Criminal Code is part of that protection. Religious freedoms are fundamental to Canadians as well, and the Conservatives are proud to be among the first to stand and support religious freedoms for all faiths.

Faisal Mirza, the chair of the Canadian Muslim Lawyers Association, made a point when he appeared before the committee. He said, “We cannot be blind that the current climate of increased incidents of hate, specifically at places of worship, supports that religious leaders may be in need of more, not less, focused protection.” He was referring to the deadly shooting at a Quebec mosque in January, when the lives of six people came to a violent end. Among the victims were parents, civil servants, academics, and people who had left their countries of war to seek a better life in Canada.

Religious crime knows no borders and has no respect of persons. This is why I am pleased to say that, after hearing testimony from faith communities across the country, justice committee members voted to keep section 176 of the Criminal Code in place.

I would like to thank those thousands of Canadians who wrote or emailed their respective members of Parliament. I indicated in my opening comments that I did not remember receiving as much feedback as did on this. I think all members have experienced the same kind of push-back on this, that the protections provided in section 176 are there for a particular purpose.

Again, I disagree with the comments made by my colleague, the parliamentary secretary, when he pointed out that the Minister of Justice said that these things were still offences under the Criminal Code. It is not the same thing. Disrupting a religious service is not the same as creating mischief somewhere and it is not the same as causing a disruption at a hockey game. Most Canadians would agree with us on this side of the House that this is more serious, and that it should continue to have protection within the Criminal Code.

Again, I find it ironic that when this bill was presented to the public, there was mention of duelling and witchcraft, but not one mention of the fact the government would remove the specific protection for religious services and religious officials.

There was one other section of the Criminal Code I did not agree with the Liberals removing. This is the section that has specific protection if someone attempts to attack the Queen. Some of my colleagues said that these sections were not used very often, or one of my colleagues said that the Queen would not be visiting here very much in the future. Again, I believed this was a bad idea.

When I was at the University of Windsor, I will always remember that one of my law professors pointed out the sections in the Criminal Code with respect to treason. He said that it was great this section was very seldom ever used in Canada, but it did not mean it should be removed. I do not go along with the thinking that if nobody commits treason, then we better get rid of that section in the Criminal Code. That is not how it works. This is still a very serious crime. Again, if anyone attempts to attack the Queen, as Canada's head of state, in my opinion it is not the same as getting into a fist fight at a bar some night. It is important; it has significant aspects.

I have to point out that the timing of this is terrible. This is the 65th anniversary of when the Queen took the throne. Nobody has a better record anywhere of public service in the world today than she has.

It has been consistently going on since before she assumed her reign in 1952 and in her service during World War II. That is what she has done, and again this is the year the Liberals decided they would remove this specific protection against someone who is attempting to attack her.

That being said, I am pleased that the government caved on section 176. I am very pleased with respect to the clarifications with respect to sexual consent. I am very pleased as well that a number of the sections that are taking up space in the Criminal Code that no longer have any particular relevance are being removed. However, one of the things that something like this has taught us on this side is we have to be very careful. This is the lawyer in me. We have to read the fine print, and the fine print removing the protection for religious services and religious officials is something that we have to be very aware of. I can assure my colleagues on the other side that we will look at all legislation to see if what are supposed to be unintended consequences are in fact consequences of a very serious nature. Again, my heartfelt thanks go out to all those religious institutions, all those Canadians, and all those individuals who spoke up in support of section 176.

[Celina Caesar-Chavannes, Liberal, Parliamentary Secretary to the Minister of International Development]

Madam Speaker, the hon. member spoke to the fact that specifically with section 176 the opposition and Canadians at large pushed to ensure that the section was kept and not only kept but that it was expanded to include not just clergymen, but also the officiants, to include other spiritual leaders. Therefore, I wonder if the hon. colleague could speak to the fact that even though this place might seem very contentious and that we might duel in here, quite often we are very much amenable to taking advice from opposition parties and being a government that is very open to listening to great advice from our opposition members as well as from all Canadians.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Madam Speaker, I do have to admit that the Liberals certainly got the message on this one here. I remember raising this last June in the committee hearing, and all I kept hearing was that if it is mischief or people try to attack members of the clergy then that is still within the Criminal Code. It was not just our opposition, the Conservatives, who discovering this, made the push for this. As I pointed out in my speech, it was all those constituents of theirs who asked them why they were removing the sections.

However, I will give some credit to the government. I have seen the Liberals scoop up ideas from opposition members and incorporate them into government legislation. The private member's bill with respect to shipwrecks was from the NDP. The Liberals got the message that it was not a bad idea, they put it into government legislation, and I guess we are supposed to say that they should take all the credit for it. I will concede to the hon. member that when the Liberals see an amendment or a private member's bill that they ultimately feel they have no choice but to support, I can say that very often they will either incorporate that into government legislation or make some minor changes so that they can presumably take the credit for it.

[Murray Rankin, NDP, Victoria, BC]

Madam Speaker, on section 176, the Liberals would like to take credit for accepting this. Although I am not a member of the justice committee that was dealing with this issue, I know my colleague from Niagara Falls was and I understood that the Conservatives brought in amendments to section 176 and they were defeated by the Liberals. The Liberals then came back a few moments later to simply make the language a bit more gender-neutral and then that was accepted. Therefore, the Conservatives brought in an amendment to fix it, it was defeated, moments later the Liberals, because it has to be their idea, brought it forward and it was fixed. I wonder if my colleague could confirm that is how it went down.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Madam Speaker, that is a very good summation of exactly what happened. Certainly, I appreciate that. The interpretation of that section is gender-neutral and not specific to any religious organization or group. That has been its interpretation by government departments throughout the years. We suggested calling these people religious officials. However, as a minister, one of the bureaucratic suggestions made to me one time was that we should call these people officiants. I pointed out that I was not quite sure how many Canadians would know what an officiant is and that we should call them religious officials. However, I had not thought or even heard about that name for a couple of years, until the Liberals came forward and said they did not want to call these people religious officials but officiants. In the end, they got the message of section 176, and I think we are all better off for continuing religious protection in this country.