Bill C-75 (Historical)

An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things,
(a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and
(i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.

Criminal Code

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

Madam Speaker, I would like to point out to the hon. member that, of course, her private member's bill had a poison pill in it for people like me who want to vote for things that are effective.

Does reform to the bail system cause crime? No, it does not, and reforms to the bail system in Bill C-75 did not increase the crime rate. There are lots of other very complicated factors we could look at about why that happened, but the Conservatives like to point to the headlines and not actually point to the things that really work when it comes to combatting crimes and preventing future victims.

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Madam Speaker, the member talked about making changes that would actually make a difference.

One of the things that I had proposed in a private member's bill was to get those people who are incarcerated in federal institutions access to addiction treatment and recovery, but the NDP, unfortunately, did not support that. How does the member rationalize saying that he wants to vote for legislation that would actually make a difference and yet he will vote against a bill like that? He also supports bills like Bill C-75, which actually lessened the bail system, and we have seen from the stats how many more victims there are because of Bill C-75.

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Madam Speaker, if I had a piece of advice, and I try to give some constructive advice and commentary around here once in a while, I would encourage every member of Parliament, every member of the House, regardless of party, to spend a little time on the front lines.

I have had the honour of serving here in the House for four years. One of the most impactful things I am able to do a couple of times a year is a ride-along on a Friday or Saturday night from eight o'clock until about two or three in the morning. One morning, I was out until about 4 a.m. or 5 a.m. I have done it with the OPP in SDG and with the Cornwall Police Service.

I want to build on what my colleague just said: The bill does not go far enough with respect to the changes the government is proposing. All any member of Parliament needs to do is spend a night or two on the front lines, at least, each year. Talk to frontline law enforcement. They will tell us the demoralizing aspect, the demoralizing environment, that is being created with the bail reform under Bill C-75, and now with only this partial fix. They would tell us, I think, the intention, the message or the morale with respect to criminals. They know they are getting out all the time. They know the revolving door. MPs need to spend more time on the front lines. I think all Canadians would benefit from it.

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Madam Speaker, we know that Canadians are less safe. I see that in my community of Kelowna—Lake Country. We know that this crime wave has been created by bail reform changes that happened with Bill C-75. We now have a revolving door of criminals in Canada.

As you mentioned in your intervention, this would fix some of the issues, but not all of them. It certainly would not bring it back to the level that it was before the government made the changes. Could you comment on the fact that it would not be going back to the same level and would not actually fix a lot of the crime issues we are seeing with bail?

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Madam Speaker, I would say that the member needs to dig a little deeper into the testimony and into the words being said.

Again, Bill C-48 would fix a small part of a very big problem in this country. It is not the end. It is not that we just pass the bill and walk away and clap, saying that it is a job well done. There is a lot more that needs to be done. There are many examples, as I cited in my speech, of repeat violent offenders getting out through a revolving door, over and over again.

The Liberals are taking a narrow approach that would not fix the problem and would not get crime rates and the crime wave addressed in this country. The NDP always does this. New Democrats go along with the Liberals; they go along with the plan, and now, they are just as responsible for the backtrack. They pushed the initial bill, Bill C-75 every step the way. They are admitting, just as much as the Liberals are, that they were soft on crime and that they are wrong in their approach. They need more humility. They need a little more water in their wine, and they need to do a full backtrack.

Law enforcement, Canadians and numerous experts are saying that this is one step, but many more steps are needed to fix the problem. The work is not done yet.

[Eric Duncan, Conservative, Stormont—Dundas—South Glengarry, ON]

Madam Speaker, after eight years of the current Prime Minister, Canada is not as safe these days. Canadians know that and they feel that. They hear example after example of that fear right at home. Members need not take my word for it. Canadians can share, sadly, many personal examples of that. However, I want to start my comments by framing the context of why we have this bill before us in Parliament again.

Earlier this summer, the government's own numbers agency, Stats Canada, released some staggering numbers that show just how bad the crime wave in Canada is after eight years of the NDP-Liberal government. It summarized a scary national breakdown of public safety in this country for an increase in occurrences of crime since 2015. Total violent crimes are up 39%. Homicides are up 43%, and are up for the fourth year in a row. Gang-related homicides are up 108%. Violent gun crimes are up 101%, and have been up every single year the Prime Minister has been in office. Aggravated assaults are up 24%. Assaults with a weapon or bodily harm are up 61%. Total sexual assaults are up 71%. Sex crimes against children are up 126%. Kidnappings are up 36%. Car thefts are up 34%.

When we look at the violent crimes severity index, under the previous Conservative government, it decreased by nearly 25%. Under the current Prime Minister and his NDP-Liberal government, it has gone in the total opposite direction. We can do a regional breakdown. I am taking the time to put this data from Stats Canada into the record for a specific reason.

In the city of Toronto, the total number of violent Criminal Code violations increased to 57,896 in 2022. That is a 30% increase since 2015. Homicides are up. After eight years, they are up 65.85%. In Toronto, violent firearms offences increased to 655 in 2022. That is an increase of 64%. Last year, 44 murders were committed with a firearm in Toronto. Twenty-four of those were by someone who was out on bail.

In the city of Winnipeg, the total number of violent Criminal Code violations increased to over 14,000, a 48.5% increase in eight years. Homicides increased by 136% in the city of Winnipeg.

In Calgary, the violent Criminal Code violations increased to nearly 16,000 last year, a 40% increase over eight years since the Prime Minister came into office. Violent firearms offences increased by 42.8% in Calgary.

Let us go a little bit further to Edmonton. Violent firearms offences increased by 97%.

Let us go a little further west to Vancouver. Violent Criminal Code violations increased to nearly 32,000 in 2022. That is a 22.5% increase since the Prime Minister and the NDP-Liberal government took office. Homicides are up 55% in Vancouver and violent firearms offences are up 22% in that city alone.

Coming back here to the nation's capital, the Ottawa-Gatineau region, the number of violent crime violations is just shy of 14,000, which is a 37.1% increase over eight years. Homicide has increased in the nation's capital by 112%. Violent firearms offences have increased by 115%. This is the situation after eight years of the Prime Minister and the Liberals' soft-on-crime policies. This is the record they sadly own.

Just over my shoulder behind me is my colleague for Dauphin—Swan River—Neepawa, which is in rural Manitoba. I have highlighted the stats of many of our major cities, but rural crime is also out of control. My colleague has raised this, I would say, at least a couple of dozen times. I have heard him tabling multiple petitions in the House from Canadians begging the Prime Minister to understand the public safety threat and the crime wave that has been unleashed in this country because of the government's policies, but it is to little or no avail. This is what is so frustrating for Canadians.

The Prime Minister is the best at photo ops. He loves selfies. He loves making announcements about the things he will do, how great it is, and how it has never been so good for Canadians. This is what we hear him talk about often, but any time the going gets tough, or we read the data and statistics as I just did, the Prime Minister heads for the hills. He goes up to the cottage and refuses to answer questions.

I have never, in my 36 years of life, seen somebody skirt from accountability based on their own record. It is always somebody else's fault. When we watch debate in the House and watch question period, we never see the government take an ounce of responsibility for the problems of this country. The Liberals will blame the provinces. They talk about law enforcement. They talk about everything but what they are actually responsible for and the policies that are doing this to every part of the country.

Before I get to Bill C-48 specifically, it is important for Canadians and the House to be reminded why we are talking about Bill C-48, and for the Liberals and the NDP to be humbled. It all emanates from an idea they had less than five years ago with Bill C-75, which made significant, major and wrong reforms to the bail process in Canada. It was passed in 2019, and it legislated a “principle of restraint”, which is what they called it, concerning bail. This was for police and courts to ensure that release at the earliest opportunity would be favoured over detention. Bail by default is a simple way of explaining this.

However, make no mistake about it, I read all those comments into the record about the severity of public safety in this country, which is being felt by millions of Canadians in their communities. This is not because of some random chance. It is not because of some phenomenon that just came along. It is because the Prime Minister passed Bill C-75 and wrecked our bail reform process. A revolving door of bail is happening in every part of this country.

Now, with Bill C-48, the Liberals have admitted it. This was after immense pressure from Conservatives, premiers of all parties in every province, territorial leaders and law enforcement officials who are working on the front lines of this crisis day in and day out. They were polled and forced to make this change to backtrack on their soft-on-crime policies. However, let me make it clear that this is only one small step of what needs to happen when it comes to bail reform in this country. They have gone back an inch, but they need to go back a heck of a lot further to solve the problems we are facing. It is simple, as members have heard us say before: jail not bail for repeat violent offenders.

I will nip this in the bud right off the bat. The Liberals always say that people make mistakes. Now I am not perfect, and I have made some mistakes, believe it or not. We all have. Canadians are concerned and frustrated that there are these repeat violent offenders in all those crime stats I just talked about. They are also seeing that law enforcement is extremely frustrated because, when someone gets arrested, they go in, and within a day or so, they are out on bail.

We are seeing a correlation. Law enforcement statistics are showing that repeat violent offenders are out causing chaos. They are causing numerous police interactions, numbering in the thousands. We are not talking about a speeding ticket, a small amount of substances or even a first offence. It is repeat violent offenders, and Canadians are getting tired of the revolving door. Our law enforcement is demoralized at how the government is ignoring the very valid concerns it is raising.

The Vancouver Police Union had an unbelievable statistic. I had to reread it probably two or three times just to comprehend the magnitude of how broken the bail system has become under the Liberals and the NDP. The Vancouver Police Union said that the same 40 offenders last year had 6,000 police interactions. Members can think of the resources of the revolving door, which is, over and over again, deferring police resources from keeping our communities safe. There were 6,000 times involving the same 40 people. That is insane. That is a broken Liberal soft-on-crime policy.

The frustrating part about all this is that the Liberals still do not get it. This bill goes nowhere near far enough to reverse the damage they have done and the public safety crisis, the crime wave, they have unleashed across the country.

The Prime Minister is in trouble. He was in trouble back in the summer. He desperately wanted to reset things. He is down in the polls, and after eight years, Canadians realize he is just not worth the cost, the corruption or the lack of safety we have in this country. He shuffled his cabinet. A few people announced their retirements and went to the backbenches or the side benches. New fresh faces came into cabinet.

There was a new justice minister, who I am going to guess on the very first day, after visiting Rideau Hall and heading to the Department of Justice for a briefing, was given a summary of the same Stats Canada data I just read. The first opportunity is not a full reversal on the failed Bill C-75.

We will fast-forward to the new justice minister going on CBC, of all places, for an interview. When he was confronted about those stats and how devastating they were, with the rapid increase of violent crime in this country, his response to Canadians was to say that it was all in their heads. He said, “empirically it's unlikely” that Canada had become less safe. That is the reset. That is the new justice minister advocating for public safety in this country saying that it is just in Canadians' heads and that it is just a thing you hear on TV. He is out of touch.

This is what we have seen time and time again with the government's approach to bills such as Bill C-48. Premiers, law enforcement and millions of Canadians who have become victims of crime and/or know somebody who has become a victim of crime are saying that enough is enough.

The justice minister gave a slap in the face to victims of crime. To have the Prime Minister double down, denying just how bad the public safety crisis is in this country, shows us where the Liberals are starting from. The Liberals should frankly be embarrassed about Bill C-48 because they are admitting that the approach in their previous bills was absolutely wrong. They have backtracked.

As I said before, Conservatives have been clear that this does not go far enough to fix the revolving door of bail in this country. This bill is before us only because of the efforts of Conservative members of Parliament at committee, of provincial premiers who were united against the federal government and the Prime Minister and of courageous frontline law enforcement in every part of this country. They have all had enough. We owe it to them to not just pass Bill C-48 but to do the full fix to protect law enforcement and Canadians and keep people safe. This bill is an admission of failure by the Liberals and NDP. It is an admission that they were soft on crime, and it is proof that they are failing Canadians in keeping them safe.

I want to highlight the months of testimony that was heard at the justice committee on Canada's broken bail system. There were many key points raised that need to be brought into the debate we are having on the floor of the House. Comprehensive bail reform is urgent. Repeat and violent offenders are becoming a bigger problem for law enforcement. The public's right to be protected against violent repeat offenders must outweigh the violent repeat offenders' right to bail. That, as we would say, is common sense.

There is agreement among numerous individuals with a background in law enforcement and public safety who testified that Bill C-75 has failed to help victims of intimate violence. The current bail system now has put frontline officers at risk, and the Liberals, with their efforts, have sadly eroded the integrity of Canada's bail system. Judges have to apply the Criminal Code as written, and now people who pose a risk to public safety are too often receiving bail. The government is sending the wrong message to Canadians.

It did this only after all of this pressure, whether it was at the justice committee, in question period, in the letter that the premiers signed, from numerous police unions and provincial and national chiefs of police associations or, most importantly, through the devastating stories from way too many Canadians about how they have become victims of crime and about living in neighbourhoods where, for generations and decades, they felt safe in their hamlets, subdivisions, communities and small towns, and now that has been eroded.

It is important in these debates to humanize what is going on. The sad part that is not in Bill C-48 is the devastating and sad story from only a few months ago of OPP Constable Grzegorz Pierzchala. His killer was out on bail. We now know that, based on this bill and its small fix, which is not the full fix but a partial fix, that individual would have still been out on bail. It is extremely frustrating. The list goes on of media story after media story that highlight the crisis we are in.

It was the Canadian Association of Chiefs of Police that begged for an urgent meeting with premiers and national leaders about this bill. It does not go the full way that it has been asking for. It says easy bail policies make “much of our work pointless”. That is what the chiefs of police are saying about the Liberals' legislative record on justice and public safety.

The BC Urban Mayors' Caucus compiled data showing more than 11,000 negative police contacts by just 204 offenders who “rarely faced any consequences for their criminality”. I spoke before about the Vancouver Police Union. Police officers in Vancouver themselves have released data on the 44 most recent stranger attack suspects, showing that 78% of them had already been charged in a previous criminal incident.

Most notably, the law requires that the top priority in any bail hearing is “the release of the accused at the earliest reasonable opportunity and on the least onerous conditions”. That has got to change. Again, jail, not bail, for repeat offenders must be the goal of the government. After eight years, Canadians cannot afford any more of this nonsense from the Liberals, propped up every step of the way by the NDP.

I want to end my comments tonight with a reflection on where we are at when it comes to the priorities of public safety of the Liberal government and the Prime Minister. I want to talk about the benefit of the doubt, and have Canadians reflect on something that would tell them everything they need to know about the broken approach the Liberals have and the contrast on this side of the aisle with Conservatives, which could not be more clear.

With respect to bail reform, with Bill C-75 in the Liberals' legislative record, they want to give the principle of restraint, the least onerous bail conditions, and give those who are accused the benefit of the doubt so they can get out on bail. Even if, over and over again, they are being arrested or charged, or are having interactions with the police, by default, by benefit of the doubt, they get out. The result has been a crime wave, with skyrocketing numbers from Statistics Canada on where we are at in this country.

By contrast, when we talk about the benefit of the doubt, what is the solution for the problem, in the minds of the Liberals? It is to take away hunting rifles and go after law-abiding hunters, farmers, indigenous communities and sport shooters alike. There is zero benefit of the doubt for those who are law-abiding, have their PAL, have a criminal record check and have never had an issue or an interaction with police whatsoever. The Liberals and the Prime Minister do not think they deserve any benefit of the doubt; they just want to confiscate and waste billions going after Canadians who are of no concern with respect to public safety. That benefit of the doubt tells us everything we need to know about the Prime Minister. There is no common sense there.

It is time, not just to pass Bill C-48, a small fraction of a solution, but to do the right thing for Canadians who are tired either of being the victim of crime or of hearing of a neighbour, a friend or a co-worker who has been the victim of crime. Do it for the frontline law enforcement members in this country, who deserve the resources to keep repeat violent offenders behind bars. We need jail, not bail, for repeat violent offenders.

It is time in this country for common sense. It is time for a real plan for public safety. It is time for the Prime Minister to put a little water in his wine, have a little humility, listen to premiers, listen to law enforcement and bring change, not only with Bill C-48 but also with the full fix this country needs in order to be protected.

Public Safety

[Tim Uppal, Conservative, Edmonton Mill Woods, AB]

Mr. Speaker, that is another bill blocked by more Liberal senators.

It was actually the Liberal government's soft-on-crime policies like Bill C-5 and Bill C-75 that let serious violent criminals back onto our streets, and incidents of violent crimes have skyrocketed since then. Violent crime is up by 39%. Murders are up 43%. Gang-related homicides and violent gun crimes are up over 100%.

Only Conservatives would end Liberal-NDP soft-on-crime policies that keep violent offenders on the streets. When will the Liberals get out of the way and allow common-sense Conservatives to bring home safer streets?

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

I appreciate that, but I can tell you that some of the legislation that has been passed by this government failed. Bill C-75, just as Mr. McCauley shared with us.... We are seeing perpetrators being released all the time. Share with me how that is safe for a child or person who is a victim of crime? I'm just wondering if it's being taken seriously enough.

I'm looking at Frances, and I know that she takes her job very seriously and does a great job. I'm concerned about the other departments, whether it's making sure that we're procuring things that women can wear when on the battlefield or making sure that the CERB program is equal for everybody across the country. As I said, the carbon tax was a good example.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Thanks very much, Chair.

I want to follow up on a number of the points that Mr. McCauley made.

I know that Bill C-75 had a reverse onus on intimate partner violence. To me, that's a result of a gender-based analysis plus application of how legislation is impacted.

I want to talk a little bit about data and how that impacts different departments and their GBA lens.

First and foremost, perhaps Mr. Hayes would be the best to answer this question.

Is the same analysis applied across all departments?

[Kelly McCauley, Conservative, Edmonton West, AB]

I want to follow up on an important question that Ms. Vecchio had. It was overlooked in the report, I believe. It's how we look at legislation through a GBA+ lens in relation to vulnerable people.

I want to bring up a hurtful issue that happened in Edmonton. It was in April. A mother and her child were murdered by someone while he was released on bail after assaulting someone else, while released on bail for assaulting a child, while out on bail for stabbing someone at a bus stop.

Would Bill C-75 have gone through a GBA+ analysis?

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

That's fantastic.

As we're looking at this, as a person who works on women and gender equality, we are seeing extraordinary violence in our communities. Whether it's intimate partner violence or domestic violence—we're looking at that—or whether it's random acts of violence that are happening to vulnerable populations, we're continuing to see those escalate.

Can you share with me whether GBA+ has been done on important pieces of legislation, such as Bill C-75, which was in the 42nd Parliament, or on something like our bail reform? Has a GBA lens actually been put on those?

Criminal Code

[Darren Fisher, Liberal, Parliamentary Secretary to the Minister of Mental Health and Addictions and Associate Minister of Health]

Madam Speaker, I am pleased to join the second reading debate of Bill S-205, an act to amend the Criminal Code and to make consequential amendments to another act. I am pleased to reiterate the government's support for Bill S-205. This legislation has the important goal of better protecting victims of intimate partner violence.

In light of last week's tragic instance of intimate partner violence in Sault Ste. Marie, we are reminded of the devastating impact these crimes have on individuals and communities. My heart breaks for the senseless loss of life in Sault Ste. Marie, and I am thinking of the victims' loved ones. Intimate partner violence and gender-based violence in general have no place in Canada. I know my colleagues from all parties share this sentiment.

Bill S-205 would make changes to the Criminal Code's bail and peace bond regimes in order to address intimate partner violence. The bill would also make consequential amendments to the Youth Criminal Justice Act. These are important objectives. Today, I will elaborate on some concerns that we have with this bill and how we think it can be improved. I will also discuss our government's most recent complementary efforts to support victims of intimate partner violence and victims of crime in general.

As my colleagues have mentioned, Bill S-205 would require prosecutors to ask courts whether the victim has been consulted about their safety and security needs prior to making a bail order for an individual who is charged with an intimate partner violence offence. In addition, Bill S-205 would require courts to ask prosecutors whether victims have been informed of their right to request a copy of the bail order made by the court.

The next element of Bill S-205 that I would like to highlight is the expansion of a reverse onus for bail on intimate partner violence crimes. The reverse onus would be expanded so that it applies not only to accused persons who were previously convicted but also to those previously discharged, conditional or absolute, for an intimate partner violence offence. This particular measure is also contained in our government's bill, Bill C-48, which already passed this House and is awaiting third reading in the Senate. We were certainly concerned to see that the senators voted to remove this measure from the bill, and I hope that my colleagues agree that we should reinstate it in Bill C-48. This provision builds upon previous government legislation that enhances our federal response to intimate partner violence, including former Bill C-75. I hope this House rejects the amendments to Bill C-48.

Next, Bill S-205 would require a justice to consider, on request of the Crown, whether the accused should wear an electronic monitoring device as a condition of release. I want to point out that this provision would also undo an important change made by Bill C-233, an act to amend the Criminal Code and the Judges Act, violence against an intimate partner, which received royal assent on April 27. If Bill S-205 is passed, electronic monitoring would be identified as an explicit condition of bail that could be imposed in all cases, and not just in cases involving violence against an intimate partner as is now the case because of the changes enacted in Bill C-233.

Last, this bill would create a new peace bond specific to cases involving intimate partner violence with a duration of up to two years, or three years if the defendant was previously convicted of an intimate partner violence offence.

I want to reiterate that I support the objectives of this bill, but I believe that changes should be considered to better align the proposed amendments with its objective. These changes could also minimize the potential for unintended negative impacts on groups who are already overrepresented in the criminal justice system, and ensure coherence with existing criminal law.

Next, I want to discuss how Bill S-205 fits into a broader framework of our government's support for victims of crime. I have already mentioned Bill C-48, which passed here on unanimous consent of all members. I want to thank colleagues across the aisle for their support and for recognizing the importance and urgency of Bill C-48. It is a direct response to requests made by the provinces and territories, as well as law enforcement agencies from across our country. This piece of legislation would strengthen Canada's bail laws to address the public's concerns relating to repeat violent offenders in offences involving firearms and other weapons.

Bill C-48 would introduce a reverse onus at bail on the use of dangerous weapons such as firearms, knives and bear spray. Bill C-48 would also create a reverse onus for additional indictable firearms offences, including unlawful possession of a loaded or easily loaded prohibited or restricted firearm, breaking and entering to steal a firearm, robbery to steal a firearm and making an automatic firearm.

Through this bill, we are sending a strong message that crimes committed involving a firearm are unacceptable and represent a dire threat to public safety. We have seen too many lives lost to gun crime.

As I have mentioned previously, Bill C-48 would also strengthen the existing reverse onus that applies to accused persons charged with an offence involving intimate partner violence when they have a previous conviction for this type of an offence. Bill S-205 has this same objective, and I am glad to see members from all parties take intimate partner violence seriously.

Another proposal in Bill C-48 relates to what considerations the court must make when deciding whether to release someone on bail. A former bill, Bill C-75, passed in 2019, amended the Criminal Code to provide that before making a bail order, courts must consider any relevant factor, including the criminal record of the accused or if the charges involve intimate partner violence.

Bill C-48 would expand this provision to require courts to consider if the accused's criminal record includes a history of convictions involving violence. Bail courts would be specifically directed to consider whether the accused has any previous violent convictions and whether they represent an increased risk of reoffending, even when the proposed reverse onus does not apply. This change would enhance public safety, and I am again pleased that my colleagues support the passage of Bill C-48.

A second bill I wanted to highlight is Bill S-12. Just this week, we debated this legislation. Bill S-12 would improve our national response to sexual offences by strengthening the national sex offender registry regime. We have responded to concerns raised by the Supreme Court and law enforcement agencies in this legislation. The list of designated offences that qualify an offender to be registered on the national sex offender registry would be expanded by Bill S-12, and this list would include non-consensual sharing of intimate images and sextortion, two crimes that have had terrible impacts on the lives of Canadians, especially women and children. This would be a very positive step forward.

Bill S-12 is a direct product of conversations with survivors and victims of sexual crime. Bill S-12 would reform the publication regime to recognize the diversity of victim experiences and ensure that survivors have agency to tell their own stories if they so choose. Bill S-12 would also change the process for providing victims with information on their cases to better reflect the Canadian Victims Bill of Rights. Both of these changes are about one key element: choice. There is no one right way to be a victim. Bill S-12 reflects this reality.

I am happy to support Bill S-205, and I hope that the elements I have raised as potential concerns with the bill can be further studied at committee.

Public Safety

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Madam Speaker, public safety is one of the most important roles government has. As elected representatives, we create laws and policies to keep Canadians safe, but increasingly, people from my community in Kelowna—Lake Country are feeling that the Liberal-NDP government is not prioritizing the safety of our streets and community. The former public safety minister defended Liberal laws and policies that left people traumatized in our communities. After a summer reshuffle, the Liberals put forth a new justice minister, who denies basic facts about crime rates. In an interview with Reuters, he said that “empirically” it is unlikely Canada is becoming less safe.

Here are a few facts after eight years of the Liberal government: Violent crime is up 39%, and murders are up 43%. Gang-related homicides are up 108%, and violent gun crime is up 101%. Aggravated assaults are up 24%, and assaults with a weapon are up 61%. Sexual assaults are up 71%, and sex crimes against children are up 126%. Kidnappings are up 36%, and car thefts are up 34%. The violent crime severity index is up 30%. Youth crime has risen by 17.8% in a single year. Bills like Bill C-5 and Bill C-75 have created laws that are more lenient on criminals and do less to protect victims.

In British Columbia, disturbing statistics showed that just 40 offenders were responsible for 6,000 negative interactions with law enforcement in one year. Residents in my community of Kelowna—Lake Country are increasingly disturbed by random attacks and by seeing crimes being committed by repeat violent offenders who are out on bail. Criminals who repeatedly terrorize communities do not deserve to be out on our streets. The revolving door does nothing to help victims, to keep people safe and to reduce recidivism.

I introduced a private member's bill, the “end the revolving door act”, to help people in federal penitentiaries receive a mental health assessment and treatment and recovery while they serve out their sentence. A report showed that 70% of people in federal penitentiaries have addiction issues and that recidivism is high. Receiving treatment and recovery would help the person serving the sentence, their family and the community they would go back to. The NDP-Liberal coalition voted down my non-partisan, common sense bill. Instead, its members have chosen to take a very different path by allowing drug decriminalization policies and taxpayer-funded hard drugs in British Columbia. Investigative reporting showed a new drug black market that emerged from taxpayer-funded hard drugs both on streets and also now online.

More than a dozen addictions doctors wrote to the Liberal government calling for changes in policies around government-funded “safe supply” drugs or to not provide them at all. Today, I ask the government, on behalf of those residents in my community concerned about this shocking rise in crime, when will the government reverse course on all its failed policies?

Criminal Code

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Madam Speaker, after eight years of this Prime Minister's weak-on-crime policies, Canada has become a more dangerous place and he is not worth the cost.

Liberal law Bill C-75, the catch-and-release act, has unleashed a wave of violent criminals onto our streets and incidents of repeat and violent crime have predictably surged as a result. This increase in crime is particularly true when it comes to sexually based offences. Under this NDP-Liberal government's watch, sexual assaults have gone up 71%. Sex crimes against children have seen an astonishing 126% increase.

Thanks to extreme politicians weakening our laws, those who commit sexual assault can now serve their sentences at home in the same community as their victims.

According to Statistics Canada, only one in five cases of sexual assault reported to police result in a trial. Only 6% of sexual assaults are reported in the first place, due to fear and stigma, the lowest of all violent crime.

I know that when I was sexually assaulted, as a child of 12, by two perpetrators, I was too afraid to tell my parents, even. I did not tell my mother until I was 40 years old. That is the story for many women in Canada.

The Vancouver Rape Relief and Women's Shelter points out that only one in nine cases of sexual assault reported to police results in a conviction. Worse, only one in 15 reported cases results in the perpetrator being sentenced to jail. As a mother of three daughters, I find these statistics alarming. As a lawyer and member of the official opposition, I must hold the government presiding over this crime wave responsible. The lack of urgency of the NDP and Liberals to protect women and children is shocking. They must act now to fix the problems they created with this radical ideology that puts criminals first and victims last.

These stats only tell part of the story. The assault is traumatic enough for the victim to live once. The effects last a lifetime. To get justice, they are required to relive the trauma during the rigours of a criminal trial. They are often revictimized, forced to recount their assault through their own testimony and cross-examination. It is understandable that sex crimes and assaults are significantly under-reported, making it impossible to accurately quantify just how widespread this picture is.

It is not just sexual assault. Other forms of sexual violence are also on the rise. Online child exploitation has increased.

According, again, to StatsCan, my province of British Columbia accounted for 54% of Canada's reported incidents of making and distributing sexually explicit images. The RCMP in British Columbia dealt with 9,600 cases of child exploitation last year alone.

This is unacceptable in the extreme and speaks to the NDP-Liberal government's failure to protect the most vulnerable in our society, particularly women and children.

The House must acknowledge that Canada has a problem with sex crimes, as we debate legal changes to the sex offender registry.

In my family law practice, I handled a case where a woman was concerned for the safety of her child during a custody dispute. She expressed concern that unsupervised contact with extended family members on the father's side of the family could put her child at risk of sexual assault. I discovered, through a sex offender registry in the United States, that the family member in question was a known offender. We were able to secure conditions in the custody arrangements that kept the child safe and under supervision.

This underscores the need for a strong, effective sex offender registry, to help law enforcement keep the public safe.

The legislation before us today, Bill S-12, amends the Sex Offender Registration Information Act, following a Supreme Court ruling that determines that sections of this law were unconstitutional.

The court gave the Liberals one year to fix the unconstitutional provisions. That was on October 28, 2022. The so-called “feminist government” has dragged its feet yet again, and here we are today at the 11th hour debating the bill with a looming deadline just three days away.

Bill S-12 would change the Sex Offender Registry Information Act that was first passed in 2004 with the support of all parties. It was created to assist law enforcement agencies by requiring the registration of specific information about sex offenders, such as addresses, phone numbers, a description of their physical appearance, the nature of the offence committed, and the age and gender of the victims and their relationship to the offender. At the time it was up to the discretion of the judge as to whether a sexual offender should be on the registry.

However, this led to several issues. In 2009, the public safety committee found that only 50% of sex offenders were required to enrol in the sex offender registry. Conservatives recognized that to be effective and to actually protect women, children, victims and survivors, the national registry had to be enforced consistently across the country. Conservatives are the party of law and order. We support tough sentencing and enforcement against sexual crimes.

The previous Conservative government brought in the law that required convicted sex offenders to be automatically listed on the national sex offender registry to better protect the public, a measure that was also supported at the time by all parties. Conservatives remain supportive of legislation that would protect the public from sexual offenders, including Bill S-12. However, the bill is another missed opportunity to improve public safety.

At committee, the Liberals amended their own bill to further prioritize the interests of the accused in sexual assault cases. Frankly, accused sexual offenders do not need more support in the criminal justice system. It is the victims and survivors who need the support. This was a chance for the coalition government to stand with victims, but once again it abandoned them. Common-sense Conservatives believe all sex offenders must be listed on the national sex offender registry, and we will amend the legislation to ensure this is the case when we form government.

As a family lawyer, I often dealt with custody cases where the sex offender registry was especially used to protect the interests of children. It is an essential tool for police and law enforcement agencies. I am concerned that the court's decision will water down the effectiveness of the registry and make it harder for police to prevent and investigate sexual offences.

At committee, that soft-on-crime NDP-Liberal government opposed our common-sense amendments to strengthen the bill and opposed amendments to publication bans that key stakeholders, such as My Voice, My Choice, which was earlier praised by the member opposite, have advocated for. While the government claims it stands for women's rights and supports survivors of sexual violence, its actions say otherwise.

Victims and survivors welcome stronger penalties and protections like mandatory enrolment in the national sex offender registry. They have asked for increased flexibility and victim input regarding publication bans and access to case information. The Liberals had a year to get the legislation right. Their delayed response has opened the possibility of sex offenders escaping registration if Parliament does not comply with the court-imposed deadline looming close now, something Conservatives will not allow.

We will agree to pass the bill through the House today to avoid putting the registry at risk. However, make no mistake, there is only one party committed to ending the crime wave, keeping vulnerable Canadians safe and fixing the flawed legislation. Only common-sense Conservatives will act with the urgency and the specificity required to keep women and children in Canada safe.

Corrections and Conditional Release Act

[Arpan Khanna, Conservative, Oxford, ON]

Madam Speaker, it is a pleasure to rise in the House today to speak to my hon. colleague from Oshawa's private member's bill, Bill C-320, an act to amend the Corrections and Conditional Release Act (disclosure of information to victims).

When I was asked to speak to this bill, the answer was an easy yes. It is easy to support Bill C-320 because this crucial piece of legislation prioritizes victims' rights in the Canadian justice system. It is the government's responsibility to ensure that victims of crime are treated with the utmost respect and dignity. It is time that victims and their families are prioritized by our justice system, not continuously revictimized by it.

However, the Liberal government repeatedly fails on that account. It has been easy on criminals while tough on families. After eight years of the Prime Minister's failed catch-and-release bail and soft-on-crime policies, crime has never been worse.

Ever since the Liberal government passed Bill C-75, it unleashed a wave of violent crime across our country. Since 2015, total violent crime has increased by almost 40%, homicides have increased by 45% and are up for the fourth year in a row, gang-related homicides have increased by over 100%, violent gun crime has increased by over 100%, total sexual assaults have increased by almost 75%, sex crimes against children have increased by over 125% and kidnappings have increased by almost 40%. With more crime and chaos across our country, there are more and more victims, and it seems that the system is putting the rights of criminals over the rights of victims.

That is why victims and families of victims like Lisa are speaking out and are the inspiration and driving force of this bill. Lisa's father was brutally murdered in 1991, and the offender received a conviction of 25 years to life. Lisa and her family, like many victims of crime, were caught off guard when they were notified that the offender was eligible for parole before the 25 years indicated on the conviction record. Her father's killer was eligible for early parole only 20 years into his sentence of 25 years to life. Victims usually think life means life. She believes, and I agree, that the lack of transparency regarding how parole dates and eligibility are determined causes the victims of crime to experience confusion, frustration, trauma and resentment of the criminal justice system.

This legislation makes a simple amendment to the Corrections and Conditional Release Act to provide respect and dignity to victims and their families. It would require that information regarding the review eligibility for all forms of parole be communicated in writing to the offenders' victims, including explaining how the dates were determined for parole and explaining this process, to be as transparent as possible. Victims deserve accurate and timely information regarding the parole process.

Hearing about this bill and Lisa's story, I was reminded of a similar case in my own riding, a story I am sure all members are familiar with, the tragic case of Tori Stafford, a young girl whose life was cut short by a horrific murder. It serves as a stark reminder of why we must advocate for the victims' rights.

In April 2009, Tori, an innocent eight-year-old, was abducted, raped and murdered by two individuals. It was a senseless act that sent shockwaves not only through Oxford but through our country. The pain and anguish that Tori's family and loved ones endured was unimaginable. This traumatized Tori's family, our community of Oxford and our country.

Unfortunately, the Stafford family's journey with the justice system has not been a smooth one. Michael Rafferty and Terri-Lynne McClintic were both guilty of murdering Tori. McClintic pleaded guilty in 2010, and in 2013, after his appeals, Michael Rafferty received the same sentence. Both were sentenced to life in prison with no chance of parole for 25 years in maximum-security facilities. However, in 2018, we saw that McClintic made headlines for being transferred to a minimum-security healing lodge.

With the advocacy of Tori's family, the public outcry was strong and swift, and McClintic was returned to prison after the public safety minister intervened. However, this raises the question of how we have gotten to the point that, eight years after raping and murdering a child, a violent offender can be transferred to a low-security facility. Why is the criminal justice system providing false comfort to the families of our victims?

When I spoke to Tori's father about this incident, he stated that the Parole Board did not notify him of McClintic's transfer. He shared how, each time the offenders were transferred, it brought back the terrible memories, picked at the wounds they were trying to heal and caused them pain. At times when the offender of the crime was transferred to a lower-security facility or granted temporary leave from a prison for various reasons, it was not always communicated to them. It was traumatic for their family.

Tori Stafford's story is a heart-wrenching example of the dire need for comprehensive reform of our parole and justice systems. We need greater transparency. We must prioritize victims and victims' families, rather than allowing criminals to dictate how the process will progress.

While this incident is older, Rodney Stafford, Tori Stafford's father, was again in the media this summer when we heard about Paul Bernardo's transfer happening without much warning to his victims' families. Rodney discussed the need for transparency surrounding the incarceration of his daughter's killers, especially when they become eligible for parole. He knows that there is a chance that one or both will one day be released, but until then, he says that victims' families deserve more respect. He said, “The victim families, we don't have any rights”. He went on to say, “They've been eliminated.”

Ultimately, that is why we are here today. Bill C-320 would address the fundamental issue of victims' rights and aim to provide them with the support and recognition they deserve. This legislation would acknowledge that victims such as Tori Stafford and her family, and advocates such as Lisa and Rodney, should be at the forefront of parole board considerations.

The bill would seek to rectify the power imbalance that often exists between victims and offenders. It would ensure that the system itself does not revictimize the families. That is why this bill would be a crucial step forward in making our justice system more compassionate, supportive and responsive to families' needs.

It is necessary reform that pays homage to victims who have suffered immeasurable pain and deserve better. This policy has the support of the victims' rights community, and this amendment is a very simple one. It is the addition of a single sentence that would put victims first and make a world of difference.

Bill C-320 is an essential piece of legislation that acknowledges the pain and suffering endured by victims. By passing this bill, we would send a clear message that Canada stands with the victims and not the criminals. We would stand with victims by providing them with the rights and support they deserve throughout the parole process.

Let us not forget the lessons learned from cases such as Tori Stafford's and Lisa's: We have an urgent need for further parole reform and a justice system that would put our victims first. I urge my honourable colleagues to support Bill C-320 and make our justice system a more compassionate and just place for all.

We will and we must do more to support victims and their families. It is the right thing to do.