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

Sponsor

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Votes

June 19, 2019 Passed Motion respecting Senate amendments to 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
June 19, 2019 Passed Motion for closure
Dec. 3, 2018 Passed 3rd reading and adoption of 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
Nov. 20, 2018 Passed Concurrence at report stage of 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
Nov. 20, 2018 Failed 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 (report stage amendment)
Nov. 20, 2018 Passed Time allocation for 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
June 11, 2018 Passed 2nd reading of 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
June 11, 2018 Failed 2nd reading of 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 (reasoned amendment)
June 11, 2018 Failed 2nd reading of 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 (subamendment)
May 29, 2018 Passed Time allocation for 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

Criminal CodeGovernment Orders

November 28th, 2018 / 4:50 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, the hon. member for St. Albert—Edmonton and I sat on the justice committee last year. I certainly appreciated the subject matter we dealt with. It is a committee that demands a lot of responsibility from its members. It requires a lot of maturity, because the subject matter is always very weighty. When we are deliberating on legislation affecting the Criminal Code, there is a real sense that the actions we take when we amend that statute will have real-life consequences for people.

He is right when he talks about the government's slow legislative agenda. I will just correct him, however. Bill C-28 was actually the victim surcharge bill, but it was residing at first reading. Bill C-32 was also residing at first reading. We also had Bill C-38 and Bill C-39. The Canadian public got the feeling that the Minister of Justice, despite coming to power with a bold agenda to reform our criminal laws, was just kind of stringing the public along and giving us little crumbs, saying “Yes we're going to fix this”. Now, we finally have Bill C-75, which I liken to a giant amoeba that has swallowed all of those previous bills, but also added a whole bunch more. We are finally getting to the stage, three years later, where we get to debate this.

I agree with him that some of these bills could have been passed really quickly, like the zombie provisions of the Criminal Code. Scholars and professors have been calling for decades for the Criminal Code to be cleaned up, and we could have passed that bill very quickly, but we are only dealing with it now.

Would the hon. member agree that when we are looking at sections, like section 287, which deals with abortion, and section 159, that they could have been dealt with very quickly by the House and that it is a real shame that we are only doing that now?

Criminal CodeGovernment Orders

November 28th, 2018 / 4:55 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I would have thought the Conservatives would be a bit more excited about the fairly comprehensive changes in Bill C-75 that would serve our country well.

Prior to the last election, our government made some commitments, and we are seeing some of those commitments fulfilled within this legislation. That is a positive thing.

I want to pick up on the bigger picture of justice. If we were to canvass Canadians and many different stakeholders about their expectations of the judicial system, I would suggest that they would have three big expectations.

The first would be keeping our communities safe, which is also very important to this government, and I would like to think important to all members. This legislation makes significant strides towards keeping our communities safe.

A second would be protecting victims. When it comes to our justice system, one would like to think there is a vested interest in protecting victims. When I say “protecting victims”, I mean that we should be going out of our way to prevent having any victims in the first place. I will comment briefly on that shortly.

The third priority, or expectation, is accountability for offenders.

These three priorities would be accepted by all Canadians. Bill C-75 moves the ball further ahead on these three principles.

There is a difference between the Conservatives' approach to justice issues and this government's approach. Put differently way, there is a difference between the Stephen Harper approach to justice issues and the approach this Liberal government has taken on justice-related issues, whether in this or previous legislation.

We need to recognize that a vast majority of incarcerated individuals will leave our jails. They will go back into our communities. As such, we have a responsibility to ensure that our system allows for better integration. If we are successful at that, we will prevent having further victims in the future. We on this side of the House recognize that.

Listening to speeches given by members on the other side of the House, whether about this or other legislation, one gets the impression that once someone enters our jail system, that person is never going to return to our communities. There is a very good chance that many of those individuals will not return.

However, we must have a system that will work for Canadians by keeping our communities safe, by ensuring that we protect our victims, and ensuring that there is offender accountability.

It is just wrong for the Conservatives to give the impression that this government is looking at ways of minimizing the consequences for serious crimes.

Under this legislation, opposition members say that we would hybridize too many crimes. As a result, they are trying to give the false impression that there would be less serious impacts for those offenders when it came to the weight of the law and incarceration, fines or whatever it might be.

It is important to recognize that we have summary convictions and indictable offences. However, within this proposed legislation, there would be a third component, that being hybridized. We are saying that here is a list of crimes for which the Crown would have some discretion to help determine whether an offence would be an indictable offence.

During second reading, I had the opportunity to listen in on some of the debate. I recall one intervention that bears repeating, because I think most people who are following the debate could relate to the differences. This is what we mean by discretion. At second reading, I recall a Conservative member, and Hansard will reflect this, saying that “kidnapping is kidnapping” and is a serious crime, end of story. It is indictable, so lock up the person and put him or her away for many years.

There is no doubt that kidnapping is a very serious crime. Canadians recognize it as a serious crime. We as a government recognize it as a serious crime. The Conservatives ask why we would hybridize that particular crime. Let me give members a tangible example. I think the constituents I serve would understand why it is important that this be one of those hybridized crimes.

When we think of kidnapping, the first thing that comes to mind is an individual at a school playground identifying a potential victim, putting the victim into a van and disappearing and taking all sorts of horrific actions or maybe kidnapping an individual for the sex trade. There are all sorts of horror stories about kidnapping. I, for one, want those individuals locked up. However, there is a “but”.

For example, divorces occur every day, and some of those divorces are very emotional and involve young children. At times, with a divorce, there are all sorts of issues a child will often have to deal with. There might be a situation where a child has a bad week or a bad day and decides not to go home to the parent who has 100% custody but goes to the non-custodial parent. The other parent then says that the child has disappeared and has been kidnapped. One parent did not have the right to have custody of that child at that time, but the child went to that parent's home, perhaps in tears, or whatever the circumstances were. The point is, the child should not have been at that parent's house, and as a direct result, there is now a kidnapping charge.

I would like to think there is a big difference between that situation and the first situation I described. If members believe that what I just said is accurate and takes place in real life, they should acknowledge that there is a need to support the idea that for certain crimes, for certain actions, we need to incorporate hybridized crimes.

I have a great deal of confidence in our Crowns and the ability of our judicial system to make good decisions. What we are saying is that if a kidnapping like the first example came before the judicial system, I would suggest that the Crown would say that it was an indictable offence and the individual would have to go through a process where, ultimately, there could be years of incarceration, versus another case where it could be classified as a summary conviction. We have seen a number of those crimes that are now eligible, and I suspect that arguments could be made for each and every one.

When we looked at the legislation, one of the major concerns raised by the Conservative Party was the issue of hybridization. Hopefully they now have a better understanding. They raised the issue at second reading and then brought it to the committee stage.

I am actually quite pleased that we are at third reading today, in the sense that it has been a long process to get to this point. The Minister of Justice has demonstrated very clearly that this has been a project of consultation, working with a wide variety of stakeholders, from the beginning right up to the standing committee. Maybe I should expand on that point for a moment.

Our justice system is a joint responsibility. We do not have sole responsibility for judicial matters in Canada. We have shared responsibilities with the provinces. That means that the minister, with the assistance of the parliamentary secretary, and others, no doubt, canvassed and worked with the different provinces and territories to establish priorities that needed to be changed. Those changes, those priorities, are fairly well reflected in this legislation. The minister even went beyond that, in terms of consultations with indigenous people and other stakeholders, to formulate Bill C-75 so that it was ready for first reading, followed by second reading and committee.

That is where I interjected. My interjection was to comment that even when we, in opposition, brought it to committee, a number of changes were introduced by members after listening to the committee presentations. The Standing Committee on Justice and Human Rights amended Bill C-75 at committee to, for example, remove the provisions regarding routine police evidence, which had laudable intentions but had some undesirable and unintended consequences, particularly for unrepresented accused. It removed the terrorism and advocating genocide offences from the list of those being reclassified. That is the amendment I thought of when I was talking about hybridized offences.

The Conservatives presented that issue in the form of an amendment, and we accepted it, which was completely foreign when Stephen Harper was prime minister. The Conservative Party never ever accepted an opposition motion. Not only—

Criminal CodeGovernment Orders

November 28th, 2018 / 5:20 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, the member was talking a lot about the hybridizations contained in Bill C-75. I was wondering if he is willing to look at that from a different perspective.

One of the concerns we had in particular is regarding the problems we have with access to legal aid right across Canada. The member would be aware of this if he is knowledgeable of the work of the Standing Committee on Justice with respect to access to justice. It is very much a patchwork quilt, because different provinces have different abilities to fund their systems. Often we have cases where paralegals and students of law are coming in to help represent clients who are being charged with offences that could result in a sentence of six months or less. The hybridization of some offences in Bill C-75 is going to bring the maximum penalties to some of these summary offences to two years less a day. One of the consequences of that is that in many provinces, paralegals and students in law school will be unable to represent these clients. Therefore, we are going to have a lot more backlog.

I am wondering if the member can comment on that and why the government was not aware of that particular consequence.

Criminal CodeGovernment Orders

November 28th, 2018 / 5:25 p.m.
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NDP

Murray Rankin NDP Victoria, BC

Madam Speaker, when I made my speech on Bill C-75 at second reading, I mentioned that we were eager to work with the government to improve the bill. I am disappointed to report not enough was done to enable us to support this legislation. The government's stated goal was to reduce court delays in accordance with the Supreme Court's decision in Jordan and to continue with trial fairness imperatives. I am afraid the bill comes up short on both counts.

This was a 302-page bill so I will not be able to address in my short time the questions I wanted to. However, I would like to speak on four themes very briefly. First, the failure to address mandatory minimum penalties; second, the hybridization issues we have heard about; third, restrictions on preliminary inquiries; and fourth, the patchwork approach to agent representation. These are among the many issues we heard testimony on at the justice committee.

We heard testimony that the measures proposed would, in fact, make matters worse in many cases. I will elaborate. Most of the action in criminal justice in Canada takes place in the provincial courts, and hybridizing offences and pushing more cases onto to those courts is hardly a solution that is going to make things better.

However, I commend the government for a number of things. I commend it for deleting the routine police evidence provision that was agreed to be problematic at the committee. I am pleased we, at the committee, persuaded the government to change that odious provision. I am also pleased to have moved, along with my colleague, the hon. member for Edmonton Centre, a provision that would repeal the bawdy house provisions and vagrancy sections of the Criminal Code that have been used so often to criminalize consensual sexual activities, particularly among the LGBTQ2 community.

However, there were hundreds of amendments brought to the committee and a number of them were not accepted. For example, the New Democratic Party brought 17 amendments to committee designed to help vulnerable people impacted by our justice system. None of them were accepted by the government.

Every day there are real people who are self-represented. They cannot afford lawyers and there is not enough legal aid in this world to represent them. Who are these people? They are primarily indigenous, poor and marginalized. It is our submission that this bill simply does not do enough to address their realities.

Many of the stakeholders we consulted have told us that the key reforms in Bill C-75 are not evidenced-based at all. The stated objective of this bill is to respond to the Jordan judgment, with its mandatory time limits, yet there is considerable doubt the changes proposed would speed up the criminal justice system. Arguably, they would have the opposite effect.

The Liberals claim that this is somehow bold criminal justice reform, yet the elephant in the room is that they failed entirely to address former prime minister Harper's regime of mandatory minimum sentences, despite their political promises and public commitments to do so. Defence lawyers and legal academics agree the reversal of this practice would have been a huge step to unclogging the delays in the system, yet the Liberals failed utterly to even address the topic at all. We believe we need to deal with the root causes of the delays, things like addiction and poverty issues, which are really the root of the crime we are dealing with.

Let me start with mandatory minimums. This is one thing that would have increased compliance with Jordan and alleviated court burden from multiple charter challenges, and it is unfathomable why the Liberals ducked this issue. So many people came to our committee and talked about it. I do not have time to list them all but they included, from Barreau du Québec, Dr. Marie-Eve Sylvestre, who is a professor at the University of Ottawa, and Jonathan Rudin of Aboriginal Legal Services. I could go on and on. All of these people have spoken out about the failure to address mandatory minimums.

There are so many quotes I do not have time to address, but Jonathan Rudin, who is the program director for Aboriginal Legal Services reminded us that even the justice minister herself acknowledged the issues with mandatory minimum sentencing, saying, “This government knows that mandatory minimum sentences do not work.” She spoke eloquently on this issue on September 29, 2017, almost a year ago.

The justice minister said:

There is absolutely no doubt that MMPs have a disproportionate effect on Indigenous people, as well as other vulnerable populations. The data are clear. The increased use of MMPs over the past decade has contributed to the overrepresentation in our prison system of Indigenous people, racialized communities and female offenders. Judges are well-equipped to assess the offender before them and ensure that the punishment fits the crime.

There is nothing, absolutely nothing, in this bill to address that issue.

I am pleased that Senator Kim Pate has introduced Bill S-251, sponsored by my colleague, the member for Saskatoon West, which provides for judicial discretion to depart from the mandatory sentence when it would be just to do so. Then the opportunities for plea bargaining when judges have the discretion that they used to have, as all the experts have said, would go a great deal of distance to solve the issue of delays.

I do not have time to do much with the issue of hybridization. I think there has been enough said about that, and in the interests of time I will skip that.

I will say that Emilie Taman, one of the witnesses, a prominent lawyer in Ottawa, said this:

Indeed, of the 136 indictable offences that are to be reclassified as hybrid by virtue of Bill C-75, 95 are offences punishable by five or ten years. Consequently, this Bill now gives the Crown, rather than the accused, control over whether trial by jury is on the table for these 95 offences. This is problematic because the Crown’s exercise of discretion is done without transparency and is only reviewable on the very high standard of abuse of process.

In other words, we are giving the Crown counsel of the land the ability to make up their minds about which way to go in the privacy of their offices. Contrast that with judicial discretion, where in open court judges decide whether the penalty fits the crime. How different. How far we have come and how far away we are from justice. The potential for bias is real.

I believe that time will not allow me to do much more, but I am so enticed by what the hon. parliamentary secretary said about preliminary inquires that, in the interest of time, I want to address that issue head-on.

The government appears to believe that restricting preliminaries will save court time and protect vulnerable witnesses. The Canadian Bar Association, the Criminal Lawyers' Association, the Canadian Council of Criminal Defence Lawyers, and the Alberta Crown Attorneys' Association are among the witnesses that utterly disagree with the parliamentary secretary.

We heard considerable testimony about preliminaries actually reducing court delay. We heard extensive, compelling testimony that preliminary inquiries are a necessary tool to preserve trial fairness.

The Criminal Lawyers' Association of Ontario said:

Eliminating preliminary inquiries for all cases other than those for which a maximum period of imprisonment of life is available will not further the interests of justice or assist with the orderly and efficient administration of criminal justice. The Committee should recommend that these changes not be made.

I had a dozen quotes to give on this, but I think my favourite witness was Professor Lisa Silver of the University of Calgary's faculty of law. She said that we have to protect people from having a trial where none is necessary and that the “preliminary inquiry, at its core, exists as the legislative 'shield' between the accused and the Crown.”

She gave an example, a story which members may well remember, that of Susan Nelles, a nurse at the cardiac ward at the Hospital for Sick Children in Toronto, who was accused of murdering children. During the preliminary inquiry, they found a complete lack of evidence. The result was the charges were dropped. The result, in Professor Silver's view, was that preliminary inquiries are a vital step in ensuring due process and fair trials.

The other issue I want to talk about involves restricting agent representation. Upping the penalty for summary offences to two years less a day is going to have an adverse effect for agent representation across our country. I am talking about law students, paralegals and other agents that currently represent a large “gap population”, as they are called, in our country. There are many individuals who simply do not qualify for legal aid and are too poor to afford a lawyer.

The government has decided it is up to the provinces and territories to regulate what type of agent can represent what crime. This is not co-operative federalism; this is creating a patchwork effect to justice across Canada. Access to appropriate counsel should not depend on where people live, but now it will. We have student legal aid services, people such as Lisa Cirillo, Suzanne Johnson and Doug Ferguson, who asked the government to reverse the measure that would limit agent representation, and yet nothing appears to have been done on that point.

Let me be clear. An unrepresented accused will absolutely increase court delay and deprive that person of his or her right to a proper trial. It often forces the Crown and judges into an uncomfortable position where they must occasionally advise, assist and support the self-represented accused when this is contrary to their official role in the process.

We proposed a number of changes to increase jury representativeness. They were rejected. Professor Kent Roach talked about the shameful situation of juries, such as the failure to have any indigenous jurors on the Gerald Stanley case, and suggested, as did the Criminal Lawyers' Association that we have the ability to look at the jury and the judge given the discretion to decide whether it was representative or indeed embarrassing. That was rejected by my colleagues.

I am sorry I do not have time to say much more, but I will say this. There is a real opportunity lost. We do not do comprehensive criminal justice reform very often in our country. The Liberals brought in a 302-page bill. Some of the key issues I have addressed will only exacerbate the problem before us, making less justice and further delays. There are some things in this bill we like, but on balance we have to say, sadly, we cannot support it.

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

November 20th, 2018 / 10:10 a.m.
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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

moved:

That, in relation to 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, not more than one further sitting day shall be allotted to the consideration of the report stage of the said bill and not more than one sitting day shall be allotted to the consideration of the third reading stage of the said bill; and

That 15 minutes before the expiry of the time provided for government orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at the third reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and in turn every question necessary for the disposal of the stage of the bill then under consideration shall be put forthwith and successively without further debate or amendment.

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

November 20th, 2018 / 10:10 a.m.
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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, Bill C-75 was introduced on the day before Good Friday in an effort to hide from Canadians what was in the bill. Now, after just two sitting days, the government is already bringing in time allocation at report stage. It is absolutely shameful.

At the justice committee, Liberal MPs were right to back down from the reclassification of terrorism and inciting genocide. However, shockingly, the Liberals have doubled down when it comes to the hybridization of what are currently serious indictable offences, including human trafficking, impaired driving causing bodily harm and kidnapping a minor, just to name a few.

Does the minister not agree that these are also serious offences? Does she not agree with the hon. member for Edmonton Centre when he said, “Let's be serious....We're talking about terrorism. We're talking about very serious offences.”? Why does the minister not also treat impaired driving causing bodily harm, human trafficking and other offences as serious offences?

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

November 20th, 2018 / 10:15 a.m.
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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Madam Speaker, I appreciate being able to rise to talk about Bill C-75, the importance of the bill and the intent behind the bill.

There is absolutely nothing that our government is trying to hide with respect to the major bold reforms we are seeking in Bill C-75 to the criminal justice system to answer the call of the Supreme Court of Canada in Jordan and other decisions to create efficiencies and promote the effectiveness of the criminal justice system. That is precisely what we are doing in Bill C-75. Since we formed government, this has been considered through very robust consultations.

I appreciate the discussions, the considerations and listening to 95 witnesses at the House of Commons committee on justice and human rights, who provided very substantial feedback.

With respect to the member opposite's question with respect to the hybridization of offences, serious offences will continue to be treated seriously. The hybridization of offences does nothing to change the fundamental principles of sentencing.

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

November 20th, 2018 / 10:15 a.m.
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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I agree that this is a large and significant bill. The bill seeks to amend the Criminal Code to answer the call of the Prime Minister to me in my mandate letter and our government's commitment to transform the criminal justice system and create efficiencies and effectiveness in that system.

The member opposite stated that this bill would solve some problems but create others. I disagree with that statement. This legislation and the lead-up to the introduction of this legislation in March of this year was the result of significant consultation right across the country through round tables. I have personally engaged in three federal, provincial and territorial meetings with my counterparts in the provinces and territories, all of whom are supportive of the robust and bold changes in Bill C-75.

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

November 20th, 2018 / 10:15 a.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, as I reflect back on the campaign of 2015, and sitting in many all-candidates debates, I remember hearing so clearly that if the Liberals became the government they would not bring in closure or time allocation and they would get rid of the practice of introducing omnibus bills in Parliament. Here we have those things being brokered at the same time.

In Bill C-75 there are some serious offences that will be downgraded to hybrid offences which gives the discretion to prosecute them as summary convictions, such as obstructing or violence to or arrest of officiating clergyman and blood alcohol over the legal limit. We know the scourge of impaired driving on our streets and it is unbelievable that the government would actually reduce this offence.

I am not as concerned right now about those particular items as I am concerned about the fact that the government is intent on shutting down debate on a very serious issue when all parliamentarians should have the option of giving their views and letting their constituents know their views.

Why is the government so intent on shutting down debate on this important issue?

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

November 20th, 2018 / 10:20 a.m.
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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, our government is committed to working co-operatively with all members of the House.

With respect to Bill C-75, I would point out that there has been a total of seven hours and 45 minutes of debate in the House. The bill went to committee, where there was major discussion among committee members, and I thank them for that discussion. The committee heard from 95 witnesses. Twenty-seven hours of discussion and debate happened at committee. I thank members for the suggested amendments, many of which were accepted by the government.

Bill C-75 is a robust bill which proposes to amend the Criminal Code. It is not an omnibus piece of legislation. It seeks to address Criminal Code changes.

To comments by the member opposite around serious offences, under this legislation serious offences would still be prosecuted in a serious manner.

I am glad the member raised impaired driving. I am very pleased that our government was able to pass Bill C-46, major legislation to create in Canada among the toughest impaired driving laws in the world. I appreciate the member's bringing that up.

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

November 20th, 2018 / 10:20 a.m.
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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, in terms of time allocation, but more important to ensure that Bill C-75 proceeds, we are committed to working with all members of this House. We appreciate the discussion and debate that came from the justice committee and look forward to the discussion that will happen in the other place.

Bill C-75 is about addressing delays in the criminal justice system and creating efficiencies and effectiveness. It is our responsibility to address the call of the Supreme Court of Canada to address the delays that exist in the criminal justice system. Bill C-75 is in response to that.

Yes, this is a large piece of legislation. It has benefited from 27-plus hours of debate at committee. I look forward to continued discussions in this regard.

In terms of the member's question around mandatory minimum penalties, we are continuing to work on sentencing reform. This is a commitment that our government has made and we will continue that discussion and bring forward changes in due course.

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

November 20th, 2018 / 10:25 a.m.
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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, this gives me the opportunity to stand up to acknowledge and appreciate the work that was done by all members of the justice and human rights committee in bringing forward many amendments. In fact, 50 motions to amend Bill C-75 were adopted.

The amendment brought forward to remove routine police evidence by way of affidavit was something our government recognized, along with the testimony of many people who came before the committee. We were able to accept that amendment.

In terms of agent representation, some of the changes that are contained within Bill C-75 raised concerns among many stakeholders who came before the justice committee about the inability to have agent representation because of the increase of offence penalties. We have accepted amendments from committee to provide for that to give provinces and territories the ability to determine agents in terms of representation of various offences.

Again, I appreciate the input on other amendments as well from the committee.

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

November 20th, 2018 / 10:25 a.m.
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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I appreciate the member's appreciation of the importance of this legislation and having Bill C-75 move through the parliamentary process and be passed in order to address the delays in the criminal justice system and to answer the call of the Supreme Court of Canada. This is a priority for this government and I would hope it is a priority for all members in the House.

There has been a lot of debate and discussion. As I have said, at committee there were some 27 hours of debate and discussion. I very much appreciate, as does the government, the feedback and amendments that came from committee, the additional amendments requested by stakeholders and voted on by committee members, that would repeal vagrancy and bawdy house offences.

I thank the committee once again for all of its input and the amendments put forward that improve this legislation.

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

November 20th, 2018 / 10:30 a.m.
See context

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I am happy to stand to address the comments made by the member opposite, and I dispute his comments completely.

In terms of not listening to witnesses, that is absolutely not true. My parliamentary secretary and all members of the justice committee had the benefit of hearing from 95 witnesses at the justice and human rights committee, all of whom spoke about their passion for criminal justice reform and made very concrete suggestions about how the bill could be improved. We accepted many of those recommendations that I believe have very significantly improved Bill C-75. I look forward to continued debate and discussion as this bill goes to the other place.

On top of all of the discussion that happened in this House and at committee, we engaged in discussions and consultations right across the country with criminal justice stakeholders. I engaged on an ongoing basis with my counterparts in the provinces and territories, all of whom are supportive of the bold reforms that we are proposing in Bill C-75.

Bill C-75—Time Allocation MotionCriminal CodeGovernment Orders

November 20th, 2018 / 10:30 a.m.
See context

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, again, I will stand to speak to the nature of Bill C-75 and the substantial discussion and consultations we have had for the last three years on the very elements of Bill C-75. I understand and recognize the desire of members to speak to this important piece of legislation. Many members from the party opposite have risen in this House to speak to this legislation and during the many hours of debate and discussion that occurred at the justice and human rights committee.

As members in this House, we have an obligation to move forward and answer the call of the Supreme Court of Canada to address delays in the criminal justice system. Bill C-75 would do just that, in a comprehensive way. I look to all members of this House to support this important piece of legislation moving forward.