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

[Diane Finley, Conservative, Haldimand—Norfolk, ON]

Madam Speaker, I rise today to add my insight to this very important discussion surrounding Bill C-75, an act to amend the Criminal Code, the Youth Criminal Justice Act and other acts and to make consequential amendments to other acts. I am speaking on behalf of the constituents in my beautiful riding of Haldimand—Norfolk.

As we know, one of the core functions of government is to provide a framework and a set of laws to protect those who it governs, whether it be through the creation and maintenance of a strong military to defend us from foreign threats or, as is more applicable to today's discussion, to protect Canadians from domestic threats and administer just consequences for those who break the law. We, as Conservatives, take this very seriously.

Before speaking to the shortcomings of the bill, I agree with the reforms proposed to deal with repeat offenders of violence against intimate partners. I see this as a step in the right direction.

That said, with the few steps forward that are made in Bill C-75, the Liberals seem to run backward with much of the rest of this bill. The Liberal Party, in particular the Prime Minister, seems to jump to the defence of serious offenders and violent criminals, disregarding the rights of victims.

The previous Conservative government worked hard on behalf of Canadians and on behalf of victims. We brought forward legislation designed to reduce the revictimization that occurred because of shortcomings in our justice system, bills like the Tackling Violent Crime Act come to mind. That one implemented conditions such as a reverse onus on bail, which requires that those accused of serious gun crimes show why they should not be kept in jail while awaiting trial.

Our initiatives aimed at ending the revolving door form of justice that was all too common and put people who had committed serious crimes, particularly serious gun crimes, back out on the street with bail. This law was targeted squarely at organized crime and tackling gun violence. The Tackling Violent Crime Act also introduced tougher mandatory jail times for serious gun crimes, which again targeted organized criminals and gangs.

The truth is that tougher and longer sentences are about deterrence and protecting society from violent and dangerous offenders. Violent and dangerous behaviour cannot be changed simply by prematurely returning an offender to the environment that bred that very behaviour in the first place. Sadly, the Liberal position seems to be quite the opposite.

Of course we all recall the recent transfer of Terri-Lynne McClintic from the Grand Valley Institution in Kitchener to a healing lodge with no fence around it. Rightly, Canadians were outraged. They were outraged that one of Canada's most notorious criminals, convicted of first-degree murder in the kidnapping, rape and killing of an eight year old, was being moved to such a weakly enforced facility. What was the Liberal response to Canadians' outrage? It was a vehement defence of that decision. Yes, it is sad, but unfortunately that is true.

This speaks to the low position that victims have in the eyes of the Liberal government. It speaks to the undeniable Liberal bent toward making life better for even the most offensive and deplorable criminals. This bill further displays that view.

The number and types of offences that could result in lighter sentencing as a result of the bill, even going so far as to reducing some of them to just a fine, sends a clear message to victims and also to criminals.

I think that most of us would agree that Canadians are largely compassionate, willing to forgive and give second chances to people who might have made some bad choices. That said, the types of offences that the Liberals seem to be making light of in Bill C-75 are well beyond what Canadians would consider just bad choices.

Offences like participation in the activities of a terrorist group and leaving Canada to participate in terrorist group activities may now see reduced sentences. This includes people who have left Canada for the sole purpose of joining and fighting with ISIS. For a Prime Minister who claims to be a progressive and a feminist, it is hard to see how granting a softer consequence for ISIS fighters fits this narrative. This is a group that represents the very antithesis of everything Canada represents and tries to be. These people burn homosexuals alive and throw them from buildings. They take sex slaves. They commit public mass executions, and they have declared war against our own western values, but the Prime Minister and the justice minister think that perhaps a softer touch is the best way to deal with ISIS fighters.

Again, as concerning as this is, sadly, based on what we have already seen from the government, it is not surprising. The Prime Minister seems to think that government programming to reintegrate returning ISIS members is a suitable option.

We all remember Omar Khadr. Mr. Khadr is directly and admittedly responsible for the grenade attack that led to the death of allied U.S. special forces Sergeant Christopher Speer and the injury of retired U.S. special forces Sergeant Layne Morris. Is Khadr in jail? Courtesy of the Prime Minister, he is now $10.5 million richer, thanks to the Canadian taxpayer. Canadians are appalled, and rightly so.

The bill also brings in softer sentencing for, among other things, advocating genocide, participating in activities of criminal organizations, arson for fraudulent purposes, human trafficking-related offences and material benefit for sexual services. Listening to the list of some of these offences on which the Liberals are going soft, one really cannot help but wonder if some of the stakeholders who were consulted on the bill were actually organized crime leaders.

Municipal corruption, selling or purchasing office, influencing appointments or dealing in offices may also receive lighter sentencing. One cannot help but wonder what the Liberals are preparing for with these types of changes.

In all seriousness, the list goes on and on. Even the abduction of a child, a defenceless child like Tori Stafford, could see lighter sentencing under the Liberals' soft-on-crime bill. Back home in Haldimand—Norfolk, people are shocked to hear that these are the views of the modem Liberal Party and our Prime Minister. They are shocked by the disregard for victims of crime shown by bills like Bill C-75. They are baffled by the doublespeak of the Liberals, who claim in one breath to be opposed to gun crime but then introduce bills like Bill C-71, which provides no meaningful way of addressing illegal gun crime but implies that law-abiding hunters, farmers and sport shooters are part of the problem. They, like Canadians right across this great country, are genuinely concerned that the soft-on-crime policies of the Liberals are going to put their communities and their families at greater risk.

There are some good aspects of the bill, but they are needles in a 300-page haystack of bad policies. I do not recall reading about reduced sentencing for terrorists, child abductors and organized crime members in the Liberals' election platform. I did not see it in the justice minister's mandate letter, and I would wager good money that no Liberal candidates will put that in any of their next campaign literature. I am confident that this is not the mandate Canadians gave them, nor would they in 2019.

I implore the Liberals to take this monster of a bill, split it up into more reasonable-size bills, and set their partisan, self-serving tactics aside so the House can come together and vote in agreement for the good bits that are in Bill C-75. Then we can have a more thorough debate on the merits of the rest of the policies and a discussion about the lack of a mandate from Canadians to legislate the rest of it.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I will start with a comment and end with a question.

Hybridization occurs regularly throughout the Criminal Code. It did under the previous government's watch, and it continues to occur today. Over 100 offences are already hybridized. Hybridization is about giving the Crown attorney a choice to proceed summarily or to proceed by way of an indictable offence. It does not predetermine the sentence, and the choice is critical, as highlighted in the instance of kidnapping. It can be extremely heinous, in the context of kidnapping someone who is then trafficked for prostitution, or it can be in a context that is usually much more benign, such as the case of a parent who shares custody with an estranged spouse who simply extends a stay with a grandparent and has the child for an extra day. Those require different responses by Crown attorneys.

The member spent a lot of time debating whether our government's position on crime is sufficient or tough enough, from her perspective. How does she explain the fact that under our government's watch, all summary conviction offences are moving from six months to two years less a day, a much more significant penalty for those types of offences?

[Diane Finley, Conservative, Haldimand—Norfolk, ON]

Mr. Speaker, kidnapping is kidnapping is kidnapping. I do not think anyone reasonable on a police force would describe grandparents having a child for an extra day as kidnapping or even be in a position to lay those charges. We are talking about kidnapping, where there is the option of getting them a much lighter sentence.

The Liberals say that they are going to be tough. The other day, we had the apology in the House for the terrible situation of the MS St. Louis, and the Prime Minister said that this kind of intolerance and bias should never be allowed to happen again, yet one of the Liberal government's very first actions was to eliminate the Office of Religious Freedom and bring in Bill C-51, which tried to take away protection for religious freedom for those who practise it.

On the one hand, the Liberals talk a good line, but when we watch their actions, it is a whole other thing.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I disagree with the member's comments regarding kidnapping. There is a significant difference, and to try to marginalize one or play up another is wrong. Let me give a different example.

Within the legislation, there is going to be a reduction in pretrials. Imagine being a sexually assaulted woman. As opposed to having to go through a pretrial, because of this legislation, that pretrial could be avoided. She would not have to relive that horror, that nightmare, because of not having to go through a pretrial.

Does the member not see that as a good thing? If someone is a victim, why would the member want to obligate her to go perhaps through a pretrial, when it is just not necessary?

[Diane Finley, Conservative, Haldimand—Norfolk, ON]

Madam Speaker, there are a number of ways those kinds of situations have been dealt with successfully and sensitively in the past. What the bill would do in allowing so many of these very serious crimes to be hybridized is download them to the provinces. In many cases, the provinces are already overburdened. Their justice systems are loaded.

The minister herself has said that this bill would speed up the process at the federal level. Of course it would, because they would just be shifting the workload to the provinces, which have neither the time nor the capacity. That is going to help the federal stats, but it is not going to do anything to fight gangs. It is not going to do anything about gun crimes. It is not going to punish those or act as more of a deterrent to those who commit the very crimes the Liberal government says it wants to fight the most. It would not do that. In fact, it would reduce, in many cases, these very serious crimes to a slap on the wrist, to be handled by someone else, instead of the federal government taking responsibility for what it should be responsible for.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Madam Speaker, I am pleased to rise today to speak to Bill C-75.

Throughout the day today, we have heard a lot of rhetoric from the other side in terms of what Bill C-75 would actually do. We have heard that this is progressive legislation. It would protect victims, it would strengthen the Criminal Code, it is reflective of what Canadians want to see, and it would create safer communities. However, the bill would actually reduce the penalties for many offences. Over 25 offences would be reduced with the introduction of the bill. I will speak a little more on that later.

Some of the objectionable parts of what is happening today relate to the process that brought us to where we are today. During the campaign, I remember sitting in many all-candidates debates and being told that if the Liberals were elected to government, they would not use time allocation to limit debate on important bills, but here we are today with I do not know how many dozens of times the government has implemented closure.

We were also told that omnibus bills were something to be avoided at all costs. However, here we have a bill that deals with three substantive issues that were actually part of three previous bills. It is over 300 pages long and lumps together all kinds of reforms. Some of them we support, but this omnibus bill is impossible to support in its entirety, and I will outline my reasons for that as I proceed.

This proposed piece of legislation, as we have seen time and time again in the actions of the Liberal government, would actually do very little for victims of crime. It would actually reduce the potential consequences for criminals. It has become a pattern with the government to put the rights of criminals ahead of the rights of victims.

Thankfully, today one of the government's failures has had a positive resolution, with the re-incarceration of Tori Stafford's murderer, Terri-Lynne McClintic.

When Tori Stafford's father found out that Terri-Lynne McClintic was being transferred to a healing lodge, he raised objections through a number of contacts with individuals and he organized protests here on the Hill, which I was able to attend to hear the concerns of Rodney Stafford and his family and how they had been impacted by the relocation of Terri-Lynne McClintic to a healing lodge. They were very concerned about that, and many Canadians joined them. They showed their concern by coming to the protests here on Parliament Hill. Last Saturday, hundreds of people in the Woodstock area joined together in front of the Woodstock courthouse to register their concerns about the fact that Terri-Lynne McClintic was being housed in a healing lodge, way before the time she was due to be released.

We agree that we need to have rehabilitation, but to have someone put in a healing lodge more than 10 years before their eventual release is certainly an inappropriate way to be treating our criminals and especially to have concern for victims.

I am still disturbed by the government's continuing soft-on-crime soft spot for criminals. Currently I am dealing with the issue of the prison needle exchange program at the Grand Valley Institution for Women in the Waterloo region. This program puts needles into the hands of hardened criminals so they can use illicit drugs in their own prison cells. We are not talking about EpiPens or insulin syringes administered by nurses. We are talking about needles being handed to prisoners to administer drugs to themselves in their own cells.

Rightly, the Union of Canadian Correctional Officers has come out against this, as it puts their members in danger. They were not consulted at all on the implementation of this pilot project that is being carried out at the Grand Valley Institution for Women. They have held protests outside the offices of the health minister and the Minister of Public Safety, but it seems that the government is just turning a blind eye to this illegal substance problem in our prisons.

Not only do I stand with the Union of Canadian Correctional Officers on this issue, I am also very concerned about my community in Waterloo region. These prisoners who are using the prison needle exchange program can maintain an addiction throughout their entire sentences, and their participation in the exchange program will not even be shared with the Parole Board when their application is made for parole. Therefore, it is quite probable and possible that we will have cases of criminals returning to our communities still addicted to substances that may have played a role in the behaviour that led them to commit their crimes in the first place.

I hope my colleagues in the Liberal Party will realize how we in the Conservative Party have a hard time believing that they are tough on crime when they encourage these types of programs in our prisons.

As a Conservative, I believe that the safety of Canadians should be the number one priority of any government. On this side of the aisle, we will always work to strengthen the Canadian criminal justice system rather than weaken it. We will continue to stand up for victims.

That is why today the leader of my party was in Brampton laying out the Conservative plan that cracks down on guns and gangs. This plan has five proposals.

The first is ending automatic bail for gang members. Right now, even the most notorious gang members are entitled to bail. That means dangerous criminals who are known to police often go right back out on the streets. This is a dangerous risk to our communities and wastes valuable police resources. A Conservative government would change that and make sure that arrested repeat gang offenders would be held without bail.

The second is identifying gangs in the Criminal Code. Every time prosecutors go after gang members, they must first prove to the court that their gangs are criminal organizations. This includes well-known gangs like MS-13 and Hells Angels. This makes no sense. It is another huge waste of resources. A Conservative government would create and maintain a list of proven criminal organizations, which would help law enforcement prosecute gang members more quickly.

The third is revoking parole for gang members. Parole is a privilege, not a right. Currently, paroled offenders are required to abstain from drugs and alcohol and promise to keep the peace. A Conservative government would also require those on parole to cut ties with gangs. Statistics show offenders are more likely to reoffend on parole if they are part of a gang. For those who associate with gangs while on parole, the message would be simple: they go back to jail.

The fourth is tougher sentences for ordering gang crime. Right now, gang leaders who order others to commit crimes can receive very short sentences in prisons, often served alongside other gang members. A Conservative government would bring in mandatory sentences in federal prison for directing gang crime, sending a strong message to gang members that they belong behind bars.

The fifth is new sentences for violent gang crime. Gang-related murders, assaults, robberies and other violent acts are steadily on the rise and pose the biggest threat to Canadians' safety. A Conservative government would create new offences for committing and ordering violent gang crime and attach mandatory sentences in federal prison for each.

Conservatives understand that a strong criminal justice system must always put the rights of victims and communities ahead of special treatment for perpetrators of violent crime. The Prime Minister is failing to take seriously criminal justice issues. Reducing penalties for serious crimes sends the wrong message to victims, law-abiding Canadians and criminals. As such, we are concerned with the Liberals' proposal to eliminate consecutive sentences for human trafficking and to eliminate the victim surcharge introduced by the previous Conservative government to help victims of crime.

The Liberals are breaking yet another promise. They committed to keep full protections in place for religious officials under section 176 of the Criminal Code. Assault on officiants during a religious service is a very serious crime and should remain an indictable offence. We have serious concerns with other elements of this bill as well, including the number and types of offences that could result in lighter sentencing, including fines, for what are very serious crimes. Under the proposed changes, several serious offences could be prosecuted by summary conviction and, therefore, could result in lighter sentences.

I want to outline, for the benefit of anyone watching this today, some of the changes in Bill C-75 that would result from the passing of this bill. It is quite probable that the penalties for these indictable offences, among many others, would be reduced. On this list are prison breach, municipal corruption, influencing municipal officials and obstructing or violence to or arrest of an officiating clergyman. I mentioned that earlier in my speech. When there is a rise in many of these crimes across North America, this is not the time to be reducing sentences. There are many others on this list.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I want to ask the member for Kitchener—Conestoga a question with respect to the constituents he represents who are members of the LGBTQ2 community. Those constituents are directly affected by this bill in two important regards. We have removed the vagrancy and bawdy house provisions, which brings the bill into conformity with constitutional decisions of the Supreme Court of Canada. It would allow the expungement of records that existed for the violation of those Criminal Code provisions that were inherently discriminatory.

Second, and most importantly, a provision has been changed whereby section 159 of the Criminal Code has been removed. The impact of that would be to treat a consenting sexual relationship between a heterosexual couple aged 16 and 17 and a LGBT couple aged 16 or 17 exactly the same way. I wonder if the member would indicate his support for those types of changes because of the important impact they would have on the LGBTQ2 community in his own riding.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I will always stand for any protection that is included in the Constitution and the Charter of Rights and Freedoms, regardless of sexual orientation.

It is not good enough to hide behind that when we look at the long list of other offences here that are very serious offences that my constituents have concerns about. I have been contacted directly by my constituents about some of this. In fact, I just happened to be working today on my responses to a number of letters I have received. One of them clearly said we need to be clearer on the consequences for serious crimes that are being committed in our area. One of them referred to the use of drugs. That is a big concern, and I am very concerned that not only are we lightening these sentences, we are now giving the tacit message to our population that the use of drugs is okay by the legalization of marijuana. It is not appropriate.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, over the past few months and years, there has been a lot of discussion about crimes involving sexual violence, especially against women. We have shown just how ineffective the justice system is at dealing with these cases and how badly a different approach is needed. We want to keep victims from being traumatized by their experience in the justice system.

Does the bill before us today solve the problems in the justice system concerning cases of sexual violence, or does it fail to make any concrete improvements for victims?

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, this gets to the heart of one of the problems with dealing with an omnibus bill that incorporates so many different aspects to these reforms. I support some of the aspects of the bill, in fact the one that deals with intimate partner violence. Absolutely, we want to make sure that the message is given that this is absolutely inappropriate and must be rooted out.

When we have this omnibus bill with so many other elements introduced into it, it makes it impossible for us to support that initiative because there are so many other initiatives in it that are totally wrong-headed.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, my friend from Kitchener—Conestoga went through a list of offences that the government is watering down. One he did not highlight that I would be interested in his comments on is a breach of the long-term supervision order. These orders involve the most serious sexual offenders. These are individuals who are so dangerous that following the conclusion of their sentence they are subject to an order for up to 10 years, administered and overseen by the Parole Board of Canada. When these individuals breach these orders, it is a clear sign that they are returning to their cycle of dangerous criminal behaviour.

I would submit this is just another example of why Bill C-75, in terms of reclassification, is so badly thought out, so badly drafted and puts public safety at risk. I wonder if the member would agree.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I certainly do not pretend to have anywhere close to the knowledge that the member has of the legal justice system. I certainly agree that we need to do everything we can to give a strong message that any of these breaches will not be tolerated.

I want to come back to my earlier point that there is such a long list of lightening of sentences here that it gives me great concern for my entire community, and in fact for the whole country.

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Mr. Speaker, I am very happy to be here to talk about Bill C-75.

I think that the House now knows that I was a diplomat for 15 years. I was assigned to Argentina first, then to Salvador, and finally to Dallas, Texas. I also had the opportunity to work for my colleague from Thornhill when he was Minister of State of Foreign Affairs for the Americas. I found it very interesting, since we had the strategy for the Americas.

There we had three major principles that we followed in everything that we did.

The first was the idea of democracy. As shadow minister for democratic institutions, democracy is very close to my heart.

The second principle was that of prosperity, promoting free markets. I remember the Brazilians did not like this. They said we thought everyone should be rich but that was not our way of thinking at all. Rather, we chose to promote free markets abroad.

The third principle was justice, and this bill flies in the face of the principle of justice. Is this really the example that Canada wants to set for the world in terms of what would be established as a result of Bill C-75?

When I was consul for Canada to San Salvador in El Salvador there was a very unfortunate incident whereby a Canadian was found with narcotics. The individual was in a taxi. The cab was pulled over and unfortunately the narcotics fell out of some tissue paper. The individual was brought to jail and put on trial. As the consul for Canada at the time, I was asked to attend the proceedings. This was a very difficult situation for me. It was probably the most difficult that I had as a diplomat. I received a speech from the judge who indicated that fighting narcotics in his opinion at that time, in 2006, was one of the primary tenets of the western world.

My point is this. It is not this situation specifically but it goes back to the point that I am trying to make in regards to the deficiencies in this legislation. This legislation would not only cause delays but would propose lighter sentences. Is this really the example that Canada wants to set for the rest of the world? I absolutely think not.

I will go through some of the lighter sentencing items that my colleagues have gone through, some quite extensively. The bill would reduce penalties for crimes that include, but are not limited to, participation in activity of terrorist groups, leaving Canada to participate in activity of terrorist groups, punishment of rioter and concealment of identity, and breach of trust by a public officer.

Let me go back to participation in activity of terrorist groups and leaving Canada to participate in activity of terrorist groups. I daresay that it has historically been a major component of not only Canada's foreign affairs agenda but I would also argue our aid agenda and our defence agenda to fight against these crimes in the world. Is Bill C-75 the example that we want to set for the world?

Another item that stands out to me is “Obstructing or violence to or arrest of officiating clergyman”. I see my delightful colleague, the hon. member for Calgary Shepard in the House. I worked, side by side, with him at his round table that he had for clergy. God bless him. I am sure they always do, but they did have the fear of God regarding the potential change that would result from this legislation. I daresay they might again today, seeing that these penalties can potentially be reduced. It very well might embolden some. That is also very concerning.

Moreover, there is the offence of “advocating genocide”. That is something that we as a nation should be in the lead against. We are indicating in Bill C-75 that perhaps it is not such a priority that we have said it is to the world by reducing the sentencing for advocating such a thing. I think that is shame. Again I ask, is this the example, as found in Bill C-75, that Canada wants to set for the world?

Also, I am going to go to one of the last items on the list, and that is “Participation in activities of criminal organization”. This is one that is very dear to me, again, having served in El Salvador, a place that unfortunately has much gang violence, with many negative effects on society there.

In addition to being the consul and the chef d'affaires during my time in El Salvador, I was also very fortunate to sit on the Canada fund as a member to decide the allocation of funding for programs. Every single time, we would put these funds towards activities that would discourage gang violence, primarily towards youth, to get them involved in physical activities and with youth organizations, so they could have other interests that would allow them to believe and see that they were worthwhile and worthy, and could contribute to society.

This would be a good time for me to indicate that I am very proud of our leader today and the legislation that he has brought forward in regard to gangs for a safer Canada. This includes ending automatic bail for gangsters, identifying gangs in the Criminal Code, revoking parole for gangsters, tougher sentences for ordering gang crime, and new sentences for violent gang crime, something that I believe, given my experience, given my work in Canada and abroad, is something that is very timely and necessary for a safer Canada.

I do believe that we should all get behind our leader and his message of a safer Canada in promoting and supporting this legislation, because I have seen the end result of where gang violence takes over a society. It is not a pretty picture. It affects all areas of society. Again, I ask, is Bill C-75 the example Canada wants to set for the world?

In conclusion, I will say this to my counterpart, the Minister of Democratic Institutions.

He said that he came to the House of Commons specifically to change the law with regard to valid ID for voting. I myself came here to promote democracy. Prime Minister Stephen Harper’s administration did so much for democracy, prosperity and justice. That is why I cannot support Bill C-75, since it goes against Canadians and our position in the world.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I appreciate the comments by the member opposite and salute her contributions to Canada while serving in the foreign service in the past. While I am tempted to ask her a question about the disenfranchisement of all of the Canadians abroad under the previous government while she was serving those Canadians abroad in El Salvador, etc., I want to ask her about Bill C-75.

The member asked repeatedly about whether this is something we should be proud of and whether it is the kind of symbolic representation we want to make toward the world. I have a comment and a question.

We do want to be known as a government that takes discrimination against indigenous people seriously, and a government that listens to those very same foreign counterparts she served in her various roles in the foreign service, like England, which eliminated peremptory challenges in 1988. Those challenges are basically discriminatory, as they would allow a homogenous jury to render a verdict in the case of a white farmer accused of killing an indigenous man in Saskatchewan. I would put to her that ending peremptory challenges is something we want to be known for around the world.

Would she agree that it is also good to be known around the world for taking a substantive stand against intimate partner violence, something the member for Cariboo—Prince George questioned in a somewhat mocking manner in the chamber? Also, by expanding the definition to include dating partners and former spouses and ensuring that we have tougher penalties on intimate partner violence, is that the exact kind of stand she would like our government and this Parliament to take against violence against women?

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Mr. Speaker, what I will say is that I am very proud of the Harper administration and, along with that, my predecessor Jason Kenney. Also, I am very fortunate to know the Hon. John Baird very well. I believe all of them worked together to promote the principles of democracy, prosperity and justice in the world. It was this type of leadership that saw us do many great things during that time of the Harper administration. Therefore, I do not believe that the reduction of sentences for these significant atrocities against humankind would do anything to further our place in the world. I will always stand very much behind and encourage the types of stands we saw from Minister Kenney, Minister Baird and certainly Prime Minister Harper. I really look forward to returning to those practices again very soon under a Conservative government.