Bill C-66 (Historical)

Expungement of Historically Unjust Convictions Act

An Act to establish a procedure for expunging certain historically unjust convictions and to make related amendments to other Acts

This enactment creates a procedure for expunging certain historically unjust convictions and provides for the destruction or removal of the judicial records of those convictions from federal repositories and systems. It gives the Parole Board of Canada jurisdiction to order or refuse to order expungement of a conviction. The enactment deems a person who is convicted of an offence for which expungement is ordered never to have been convicted of that offence. The enactment provides that an application for an expungement order may be made in respect of convictions involving consensual sexual activity between same-sex persons related to the offences of gross indecency, buggery and anal intercourse. The enactment provides that the Governor in Council may add certain offences to the schedule and establish criteria that must be satisfied for expungement of a conviction to be ordered. The enactment also makes related amendments to other Acts.

Expungement of Historically Unjust Convictions Act

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Speaker, I thank the hon. member for his work on behalf of LGBTQ2 Canadians. I would like to ask him about the process.

As he knows, an applicant will identify someone who has been given a criminal record that is historically unjust. They may be members of the public service, they may be military service members prosecuted under the National Defence Act, and the schedule of eligible offences for Bill C-66 accounts for both. These applicants will then gather available evidence and apply free of charge directly to the Parole Board. Family members or another appropriate representative may apply on behalf of the deceased individual.

I would like to know the member's comments on those provisions in the bill. Moreover, on a more personal nature, how in the future, after his long advocacy on these matters, will he reflect on the latter two months of 2017 in this place?

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, after our committee hearings I am confident that the government has produced a bill that intends to make this process as accessible as possible, and I was reassured by the comments of the Parole Board about the assistance it will offer to members in filing the applications for expungement.

There are a couple more things that have to happen along with this. One of those is that we have to take care of the revision of service records for those in the military who received discharges that were less than fully honourable, or were dishonourable. That is not really covered by the bill, but it is very closely related.

The second part is that while there is agreement in principle in the class action lawsuit, we have to press forward and make sure that the lawsuit is settled to the satisfaction of those plaintiffs.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, I was away on Foreign Affairs committee business at the time of the apology, so I do want to take this opportunity to associate myself with the words of our leader at that time and the sentiments expressed in the House.

I would ask my colleague to comment on some of the international dimensions of LGBT issues right now. In his remarks, he highlighted the international situation, the ongoing terrible persecution in certain countries around the world. We have had some discussion in this place about the issue of LGBT refugees. Some concerns have been expressed by advocates recently of a possible lack of specialized training of visa officers and some funding uncertainty.

We need to recognize the fact that when it comes to refugees, there are communities that are particularly vulnerable, be they religious minorities or the LGBT community, and we need to make sure that we have the sensitivity to identify with those areas of particular vulnerability. I wonder if the member has a comment on where we are on that, and where we can go going forward.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, the hon. member's question is an important one that I have been pursuing the government on since it was elected, because it had stated that LGBTQ refugees would get a high priority. However, the government has not done, in most cases, the things that are necessary to make that a reality. There are difficulties in accessing our refugee system. There are difficulties with the settlement process for those who have a special need.

Why do we take special measures? People say that everyone should be treated equally, and the government tends to respond that it is treating them equally. Well, we take special measures because they are at higher risk than other people and because there are very few places in the world that accept queer refugees and where they can resettle safely.

If I could be indulged for a second, because this is probably the last time I will be on my feet, I would like to add my words of thanks to the staff of the House of Commons, to the Speakers, to the table staff, to the pages, the security staff, all of those who make our work here possible, and to the staff in all of our members' offices both here in Ottawa and in our constituencies, and to wish all of them and all members a happy holiday season.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I thank my colleagues from Edmonton Centre, Calgary Nose Hill, and Esquimalt—Saanich—Sooke.

Today, we meet following the historic apology to the LGBTQ2 community.

We had a historic apology to the LGBTQ community, two-spirited community, queer community, and the trans community. It was extremely moving. It was powerful. Today, with Bill C-66, the intent is to provide tangible reparations, the expungement of criminal records, for crimes that we would no longer regard as anything but a historical shame for Canada to have treated our fellow brothers and sisters and citizens in this way.

This bill is flawed. Many historians have been referenced already. I will mention how grateful I was to learn so much from the positions put forward by a professor from Carleton, Patrizia Gentile; from York University, Tom Hooper; from Laurentian, as I have already mentioned, Professor Gary Kinsman; and Steve Maynard from Queen's University. They are all historians who have looked at the really troubling, disturbing, and horrific record.

Our colleague from Calgary Nose Hill spoke very emotionally and personally about how it affected her while getting to know more of what occurred. I certainly know that in meeting with my constituents about their treatment in the Canadian military and being jailed, these are stories that we find virtually impossible to believe. Fortunately, for the most part, we have an enlightened society. It is extraordinarily important that we could meet today with unanimous consent to ensure that Bill C-66 passes, but I do so with some misgivings because of the flaws in the bill that have been brought to our attention since it was originally tabled.

I also take comfort from the assurances by government members, particularly the hon. member for Edmonton Centre, who bears a particular responsibility on behalf of the Prime Minister, to be responsible for championing issues that relate to the LGBTQ, two-spirited, trans community. It is enormously important that the designation has occurred and that we have a consensus in this place.

I want to add that the wrongs that were done do not pass from our minds easily. It is one of those things that sticks with a person. When I was a very small child, I do not remember why I got into a conversation with my mother about same-sex couples and why some people thought it was wrong. This would have been, relatively speaking, a long time ago, because I now find myself something of an elder in this place, being over 60. I think I was about six and talking to my mom about friends who were gay and beginning to understand that gay friends were once discriminated against and sometimes still were.

My mother told me the story of one of the people she loved best in her music program. My mom was a pianist and she knew a brilliant young pianist, one of the most gifted of her generation in her school, who took his own life because he was not allowed to live the life of a gay man. He felt suicide was his only choice. It grieves me to this day to think about that musician, who cut his life short, who was one of my mom's contemporaries, but it did educate me a bit.

I remember the horror I found in beginning to love and read Oscar Wilde. I still love and read Oscar Wilde, and I think about that brilliant man dying in prison, disgraced for whom he loved. These things we tend to push out of our minds when we quote Oscar Wilde, when he was funny, which he was virtually all the time. He was brilliant and witty, jailed and disgraced.

Many cultures have now moved through this, but we recognize that the discrimination against, and in fact targeting for eradication of, gay men in Chechnya has now been exposed by journalists. We saw Canadian Journalists for Free Expression give its award this year to the brave reporter who broke that story. Therefore, around the world, Canadians are standing up.

By the way, it was only Lithuania and Canada that were willing to offer refuge to gay men from Chechnya so they could escape being targeted and murdered. This is now. This is what is happening around the world now, so there is a lot more work to be done.

However, in addressing the past wrongs that were done in Canada, this bill will be watched closely. I thank my hon. colleague for Esquimalt—Saanich—Sooke for committing that he and his party will keep an eagle eye on this. I will do my best from the Green Party caucus of one to keep an eye on this, to make sure that criminal records from bawdy houses, from offences that are not listed, and military records of dishonourable discharges, and all of the historical wrongs that remain on people's records in Canada will be removed. I thank my hon. colleagues on the government side for their commitment. Based on that, I think we could move to unanimous consent today to expedite this bill.

I looked for something from Oscar Wilde to share that was not witty, that spoke to the issue, because I do not quote RuPaul. I am just too old for this. Oscar Wilde said, “Keep love in your heart. A life without it is like a sunless garden when the flowers are dead.”

Keeping love in our hearts is why we redress past wrongs. Keeping love in our hearts is why it matters that we redress the past wrongs of the treatment of indigenous peoples, and why after a century and a half of discrimination and racist policies against indigenous peoples they are still prepared to talk to us. It is an enormous tribute to the human spirit that the will for justice can flourish between and among the past oppressors and the past oppressed, especially when this is recent history.

With that, I am thinking of love. I know that short of questions and answers, this will be the last time I address this House in 2017. For all my friends and colleagues—and they are all friends—I want to say from the bottom of my heart that I hope they enjoy time with their families between now and our resumption in late January; that, if they celebrate Christmas they have a merry and blessed Christmas with the arrival of our Lord and saviour in that small manger in Bethlehem; and if they are experiencing Hanukkah, I would point out that we are about to light a menorah down the way and I wish everyone a happy Hanukkah; and if they celebrate other religions or no religions, that they celebrate the time that Canada as a whole comes to a lovely pause.

Things slow down. Statutory holidays alone give us a chance to be with those we love, and we should turn our hearts and our minds, particularly at this time of year, to those who are alone at Christmas, who are unable to put a meal on the table, and to take some time to donate to those good causes in all of our communities that ensure that a meal will be served and that the homeless are welcomed with warmth, and that all of us reflect the enormous blessings of our lives at this time through sharing with all of those who are without.

Merry Christmas, God bless.

[The Assistant Deputy Speaker, Anthony Rota]

Before we go to questions, it is my duty pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Calgary Shepard, Ethics; the hon. member for Regina—Lewvan, Public Service and Procurement; the hon. member for Saint-Hyacinthe—Bagot, Employment Insurance.

The hon. member for Brossard—Saint-Lambert.

[Alexandra Mendes, Liberal, Brossard—Saint-Lambert, QC]

Mr. Speaker, I would like to ask for unanimous consent to revert to presenting reports from committees. We had a last-minute effort by the production people, and I have a report.

[The Assistant Deputy Speaker, Anthony Rota]

Do we have consent?

[Some hon. members]

Agreed.

The House resumed consideration of the motion that Bill C-66, An Act to establish a procedure for expunging certain historically unjust convictions and to make related amendments to other Acts, be read the third time and passed.

[The Assistant Deputy Speaker, Anthony Rota]

Pursuant to order made earlier today, Bill C-66, an act to establish a procedure for expunging certain historically unjust convictions and to make related amendments to other acts, is deemed read a third time and passed.

(Motion agreed to, bill read the third time and passed)

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, if you were to canvass the House, you would find unanimous consent to see the clock as 5:38 p.m., so that we can begin private members' business.

[The Assistant Deputy Speaker, Anthony Rota]

Is there unanimous consent to see the clock as 5:38 p.m.?

[Some hon. members]

Agreed.