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.

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

Thank you, Mr. Chair.

This is again an amendment dealing with the reclassification of offences under Bill C-75. This amendment would maintain the status quo by keeping the offence of impeding the attempt to save a life as a solely indictable offence, as opposed to what Bill C-75 would do, which would make it a hybrid offence prosecutable potentially by way of summary conviction.

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

Thank you, Mr. Chair.

I think some of the comments made by my colleagues, all of whom I respect as members of this committee, are off base, with due respect.

Mr. Fraser has suggested that Bill C-75 does not impact upon sentencing principles, and other Liberal MPs have repeatedly said something similar, including the Minister of Justice. I know Mr. Fraser is not attempting to mislead the committee, but I think it is a misleading statement.

Of course it doesn't impact on sentencing principles. Sentencing principles weren't impacted in relation to the terrorism-related offences, but that wasn't why we proposed these amendments on the terrorism-related offences or on impaired driving causing bodily harm. Evidently, that was also not the basis for the Liberal MPs last week to do the right thing and support our amendments on the terrorism-related offences.

What Bill C-75 does do, contrary to the statement of Mr. McKinnon, with respect to terrorism-related offences and with respect to impaired driving causing bodily harm, is water down sentences for those offences. It waters down those sentences by making the maximum sentence go from 10 years to a maximum of two years less a day if prosecuted by way of summary conviction. That has absolutely everything to do with sentencing, Mr. Chair, and there was no basis, no evidence tendered before the committee, to justify why impaired driving causing bodily harm should be treated in this way instead of the way it is, rightly, presently treated, which is strictly as an indictable offence.

Of course we know, generally speaking—and I've made this point before, but I think it's important that it be made yet again—that the evidence before the committee is that, in terms of giving discretion, it is in fact going to be far less transparent, in terms of electing whether to proceed by indictable offence or summary conviction offence. We know it's going to result in more cases being downloaded onto our overburdened and overstretched provincial courts, since 99.6% of criminal cases are already heard before provincial courts. It's going to reduce the Jordan timeline from 30 months to 18 months before a delay is deemed presumptively unreasonable.

Bill C-75 does not address those issues, but it does send the wrong message. It makes it more likely that individuals who are charged with impaired driving causing bodily harm are going to get nothing more than a slap on the wrist, and quite frankly, Mr. Chair, victims and all Canadians deserve better than this.

I would just read into the record a quote from Markita Kaulius, the president of Families for Justice, who lost her daughter at the hands of an impaired driver. She said, “Bill C-75 is a terrible bill for victims and for public safety.” Sheri Arsenault, who lost her son Bradley, appeared before this committee and said, “This government bill is telling Canadians loud and clear that impaired driving is not considered serious and, in fact, it's not even considered dangerous.”

Mr. Chair, I would encourage members opposite to listen to the victims and do the right thing: treat impaired driving causing bodily harm as the serious offence it is and support this amendment.

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

Mr. Chair, this amendment is, in my opinion, a fairly significant amendment. It deals with the very serious indictable offence of impaired driving causing bodily harm. Bill C-75 seeks to water down the sentence for impaired driving causing bodily harm, an offence that currently carries a maximum 10-year sentence, taking it down to a sentence that could be at most two years less a day, and as little as a mere fine, if it were prosecuted by way of summary conviction. We heard overwhelming testimony from victims of impaired driving who pleaded with the members of this committee to amend Bill C-75 to not water down sentences for impaired driving causing bodily harm.

I remind members of the committee that when we're talking about impaired driving, we're talking about the leading criminal cause of death and injury in Canada. Each and every day, between three and four Canadians are killed at the hands of impaired drivers. In addition to that, dozens more are injured at the hands of impaired drivers. Reclassifying impaired driving causing bodily harm to a hybrid offence from what it is today, which is strictly an indictable offence, sends the wrong message. It sends the message that impaired driving is really not that serious an offence.

Should there be any doubt about that message, I would reference some of the statements that were made by Liberal MPs on this committee last week when we were dealing with Conservative amendments related to terrorist-related offences. Bill C-75 waters down several terrorist-related offences. We said that it was wrong, that it shouldn't be, and we brought forward amendments. It was very encouraging to see members on that side do the right thing and support those amendments.

Randy Boissonnault, the member for Edmonton Centre, is on record at the committee as saying that he supported those Conservative amendments because terrorist-related offences are “very serious offences”. Well, Mr. Chair, so is impaired driving causing bodily harm. I urge members of this committee to be consistent, to do what they did with respect to terrorist-related offences and to treat impaired driving causing bodily harm as a serious offence by keeping it a strictly indictable offence.

Thank you, Mr. Chair.

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

Thank you, Mr. Chair.

This is again related to reclassification. It's amazing how many serious indictable offences are being reclassified in Bill C-75. This would maintain the offence of failure to stop at the scene of an accident as an indictable offence. Bill C-75 would make it prosecutable by way of summary conviction, potentially.

On this one, I would ask for a roll call vote.

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

Thank you, Mr. Chair.

This is another amendment dealing with reclassification. Bill C-75 would water down sentencing for an offence related to an unseaworthy vessel and unsafe aircraft. This would maintain the status quo, which is to treat that offence as strictly indictable.

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

Thank you, Mr. Chair.

This amendment again relates to the reclassification of offences in Bill C-75. Bill C-75 would make the offence of dangerous operation of a vehicle causing bodily harm to be prosecutable by way of summary conviction. This amendment would maintain that offence as strictly indictable.

[The Chair, Liberal, Anthony Housefather]

Good afternoon, everyone. Welcome to the Standing Committee on Justice and Human Rights as we continue our clause-by-clause review of Bill C-75.

I want to take this opportunity to thank all of the personnel who were able to work so hard to have this early extra meeting. Thank you to the clerk, the legislative clerks, and the analysts. It is really appreciated. Thank you as well to the translators and everyone else who really helped out. It is much, much appreciated.

I also want to thank the members and the officials from the Department of Justice who were able to accommodate their schedules. It is much, much appreciated.

Before I go to our next clause—that will be clause 87—I want to advise members of the committee that over the weekend the vice-chairs and I had a conversation. To expedite the bill, we agreed that on those clauses where there are no amendments, we will agree that they are deemed adopted on division. That's with the exception of clause 278 of the bill, which relates to routine police evidence.

This will allow us not to have to put our hands up each time to vote on the clauses where there are no amendments. Can I confirm whether that is okay with everyone?

Criminal Code

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

moved that Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting), be read the second time and referred to a committee.

Mr. Speaker, it is with great pleasure I speak to Bill C-84, an act to amend the Criminal Code, bestiality and animal fighting, which brings forward important updates to the Criminal Code. Our government remains steadfast in our commitment to ensure our laws protect our most vulnerable and reflect our commonly held values. The bill is exactly about that.

As a government, we have brought forward important amendments to the Criminal Code, including by increasing efficiencies in the criminal justice system, cleaning up outdated and unconstitutional provisions, clarifying sexual assault laws and strengthening the impaired driving regime. These changes, along with those proposed in Bill C-84, reflect my ongoing commitment to ensuring our criminal laws remain clear, comprehensible and contemporary.

I am proud of our efforts in this regard and will continue to pursue law reform that is evidence-based and ensures our criminal justice system extends the strongest protections to Canadians, especially the most vulnerable.

Before I begin to outline the details of the bill, I would like to acknowledge the advocacy of many honourable members in the House, including in particular the member for Beaches—East York for his leadership and for initiating a very important discussion on this issue in his private member's bill. I would also like to thank the several organizations and numerous Canadians who have written in and advocated for many years. The bill is a result of their hard work.

Bill C-84 focuses on filling gaps in the Criminal Code and preventing violence and cruelty toward animals. It reflects significant consultation with child and animal protection groups, as well as agricultural and animal use stakeholders, and brings forward changes that reflect a common ground approach to addressing these important issues.

Clause 1 would add a definition of “bestiality” in section 160 of the Criminal Code to include “any contact, for a sexual purpose, between a person and an animal.” This responds to the decision of the Supreme Court of Canada in R. v. D.L.W. in 2016, where the court held that the bestiality offences in section 160 of the Criminal Code were limited to sexual acts with animals that involved penetration. In arriving at that determination, the court examined the common law definition of bestiality, which originated in British law and was subsequently incorporated into our Criminal Code.

The broadened definition would increase protections for children, as well as other vulnerable individuals who may be compelled to engage in or witness bestiality, and animals, by ensuring the criminal law captures all sexual acts with animals, not just those involving penetration. By virtue of the definition's “sexual purpose” focus, legitimate animal husbandry and veterinary practices would continue to be excluded from the scope of the offence.

In its decision, the Supreme Court noted that courts must interpret the law, not change the elements of crimes in ways that seemed to them to better suit the circumstances of a particular case. Rather, it is Parliament's responsibility to expand the scope of criminal liability, should it elect to do so.

In the wake of this decision, child protection advocates as well as animal welfare groups expressed serious concern with the effect of the decision and called for law reform. I agree the gap identified by the Supreme Court requires a parliamentary response, and we are doing just that.

As mentioned, this bill responds to the Supreme Court's decision in D.L.W., by defining bestiality as “any contact, for a sexual purpose, with an animal.” This would ensure all contact between a human and an animal for sexual purpose would be prohibited. This would send a clear and unequivocal message to those who would wish to harm animals. This amendment would also provide increased protection to children who would be exposed to or coerced to participate in abusive conduct, as well as other vulnerable persons who may be compelled to engage in such conduct.

The proposed definition focuses on the broad term of contact for sexual purpose. The phrase “for a sexual purpose” has a well-established meaning in Canadian criminal law. It is used in a number of different instances in the Criminal Code, and I am confident the use of this consistent terminology will cover the offences in question.

In its entirety, the proposed definition is clearer and reflects Canadians' understanding of what this offence entails. It is also consistent with calls from animal welfare groups and agricultural stakeholders, including the Canadian Federation of Humane Societies and the Canadian Federation of Agriculture.

At the same time, this definition will ensure that those involved in legitimate animal husbandry activities, including breeding livestock and veterinary medicine, will not be captured by these offences.

Currently, the Criminal Code has three main offences related to bestiality. Bill C-84 does not change the nature of the penalties related to these offences which, on indictment, carry maximum sentences ranging from 10 to 14 years in jail.

I would also like to note that the changes proposed in my criminal justice reform legislation, Bill C-75, will increase the maximum penalty on summary conviction for both offences to two years less a day. Such changes will contribute to a more efficient criminal justice system by encouraging proceeding by way of summary conviction where it is appropriate to do so.

There is a strong public safety rationale for Parliament to expand the scope of these offences, particularly as it relates to enhancing protections for children and other vulnerable persons. Research continues to demonstrate a well-established link between animal sexual abuse and sexual abuse of children, as well as other forms of violence.

I would note that the Canadian Federation of Humane Societies organized a conference in 2017, the purpose of which was to look more closely at these issues. The final report provides an overview of these issues. I commend the federation for its important work to promote a greater understanding of the severity of these issues.

We also see these links in criminal cases. Canadian criminal law shows that when sexual abuse of a child involves an animal, the extent of this horrible behaviour is most often severe and frequently includes a pattern of vicious treatment of both the child and the animal. With this bill we are ensuring that those in law enforcement, including prosecutors, have the tools they need to achieve justice for the victims of these despicable acts.

I would also like to discuss a second set of reforms contained in Bill C-84, which marks an important step in providing comprehensive protections for all animals. These additional measures will strengthen protections for animals by broadening the scope of the animal fighting offences in the Criminal Code.

There are currently two offences in the Criminal Code that specifically address animal fighting. The first is paragraph 445.1(1)(b), which prohibits encouraging, aiding or assisting at the fighting or baiting of animals. This is a hybrid offence with a maximum penalty of five years on indictment or a maximum of 18 months' imprisonment and/or a fine, not exceeding $10,000. Bill C-75 will also increase the maximum penalty on summary conviction to two years less a day.

Presently, this offence fails to capture a number of other associated activities with participating in the deplorable activity of animal fighting. Accordingly, Bill C-84 proposes to broaden the scope of this offence to include a wider range of activities, including encouraging, promoting, arranging and assisting at, receiving money for, or taking part in the fighting or baiting of animals, including prohibiting any of these activities with respect to the training, transporting or breeding of animals for fighting or baiting.

These are important changes and will ensure that all aspects of animal fighting are prohibited, ensuring that all persons in the chain of this criminal behaviour can be held accountable. I note, in particular, that the proposed changes also target the financial incentives associated with this crime and, in so doing, will act to discourage those involved with this unacceptable behaviour.

The second existing offence prohibits keeping a cockpit, which is section 447, and carries the same penalties as animal fighting. It too will see its maximum penalty on summary conviction increase through Bill C-75. This offence, as it exists in the Criminal Code, is extremely narrow in scope, a reflection of its historical origins when cockfighting was the primary form of animal fighting.

However, we know that, unfortunately, dog fighting has grown in prominence today. Bill C-84 amends this offence to ensure it extends to building, keeping or maintaining any arena for the purposes of fighting any animal. The fact of the matter is that all forms of animal fighting are cruel and abhorrent, and so our laws should appropriately extend to all animals. Simply stated, there is no legitimate or reasonable societal purpose to engage in animal fighting. This behaviour is cruel and must be stopped.

This is another important step our government is taking to ensure our criminal laws are contemporary and address conduct that is deserving of criminal sanction. It is important to note that animal fighting has often been linked to organized crime, including illegal gambling and the illicit trafficking of drugs and weapons. The changes we are bringing forward in Bill C-84 will improve the ability of law enforcement to prosecute criminals, track cases of animal fighting and protect public safety. By broadening the offence to include additional activities, we are ensuring that law enforcement is equipped to detect and intercept the crime at whatever stage it is discovered.

I would like to take a few minutes to speak specifically about dog fighting. Given its clandestine nature, it is difficult to collect statistics on the prevalence of dog fighting in Canada. In fact, dog-fighting operations often go undetected until law enforcement officers discover them while investigating other crimes. That said, we know that in May and October 2015 and in March 2016, the Ontario SPCA major case management team, the Ontario Provincial Police and the Chatham-Kent Police Service partnered together to end suspected dog-fighting operations. These three joint investigations led to the execution of 11 search warrants on three properties in Lanark County, Tilbury and Kent Bridge, Ontario. This resulted in the seizure of 64 pit bull dogs, documents, pictures, veterinary supplies, electronic equipment and hundreds of items related to the training and fighting of dogs.

The Ontario SPCA reports that dog fighting is undeniably taking place in Ontario. The Ontario Society for the Prevention of Cruelty to Animals reports that dog fights can last one to two hours and end only when one of the dogs is too injured to continue or has died. The dogs involved often suffer from deep puncture wounds, broken bones, and in many cases die from blood loss or infection.

As I mentioned, dog fighting, a terrible form of animal cruelty, is also linked to a wide range of other crimes, including illegal gambling and drugs and weapons offences. The primary motivation for dog fighting is gambling and participants often wager thousands of dollars, showing how lucrative it is for those involved.

I would also note that, according to the Ontario SPCA, when police raid dog-fighting events, they often find children present. Exposure to this type of abuse desensitizes children to violence and may itself be a form of child abuse. I am proud that we are taking important steps to limit and prevent this horrible abuse to animals and children. The proposed reforms to the offence, targeting arenas coupled with the changes to the animal-fighting offence, will target those who take part in training or receive money to train dogs to fight and who employ terrible techniques to increase the viciousness and ferocity of these animals. This so-called training can include abusively suspending a dog from a tree or a pole by its jaw and encouraging the dog to grab bait and hold on as long as possible in order to increase the lethality of its bite.

No animal should have to die as a form of human entertainment. It is unspeakably cruel and offends Canadians' values at the deepest level.

I am proud of these necessary changes we are bringing forward to protect animals from horrible situations of abuse. It is important for me to reiterate that this bill in no way interferes with any legitimate animal use. This bill seeks to protect public safety and ensures that we are doing more to prevent violence and cruelty toward animals.

We are focusing on aspects of protection that enjoy broad support and reflect our shared values. Again, the broadening of these offences will not interfere with legitimate animal uses, such as the training and work of service dogs, medical research, hunting, fishing or indigenous animal harvesting rights. Animal fighting and bestiality are in no way legitimate activities.

Before I conclude, I would like to reiterate that this bill is the result of significant consultation and there has been broad support expressed for these reforms. As mentioned earlier, the Canadian Federation of Humane Societies and the Canadian Federation of Agriculture have called for these changes. The Canadian Veterinary Medical Association and many agricultural stakeholder groups have also advocated for these amendments to address animal fighting and bestiality.

As parliamentarians, many of us hear from concerned citizens who are urging action to modernize our animal cruelty offences. Similarly, in our consultations, a number of provinces have called upon Parliament to take action to address the gap identified by the Supreme Court in D.L.W. I am confident that this bill addresses these concerns.

I recognize that some would want the bill to go further by proposing additional reforms to animal cruelty laws. I believe it is critically important that we take steps now to address these particular issues, for which I believe there is broad support. Our government is committed to all of the appropriate protections that are extended to the most vulnerable, and we will continue to review this as part of our broad review of the criminal justice system.

There have already been some suggestions made, including by animal rights organizations, on the ways that we can strengthen this bill. As I have said with respect to other legislation, I welcome constructive suggestions that reflect the objectives of our proposed reforms and look forward to a fulsome and productive debate. I therefore urge all members to support this bill and help ensure its swift passage.

Justice

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, I have two petitions to present today.

The first petition is with respect to Bill C-75. This bill would reduce the penalty for serious crimes such as forceable confinement of a minor, polygamy, terrorist acts, etc. The petitioners are calling on the Prime Minister to defend the safety and security of all Canadians by withdrawing Bill C-75.

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

Again, this is an amendment related to maintaining what is an indictable offence to remain a solely indictable offence. That related to section 209, which Bill C-75 proposes to hybridize. Proposed section 209 relates to “Cheating at play”.

(Amendment negatived [See Minutes of Proceedings])

(Clause 74 agreed to)

(On clause 75)

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

Again, it's hybridization, a reclassification under Bill C-75.

This would maintain as a solely indictable offence, the subject offence relating to the disclosure of information received from interception of radio-based telephone communication.

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

Thank you, Chair.

It's another amendment dealing with hybridization under Bill C-75.

This would maintain what is currently a solely indictable offence to remain a solely indictable offence.

That relates to proposed subsection 191(1). It makes it an offence for anyone to possess, sell or purchase any electromagnetic, or other device or component, primarily for the surreptitious interception of private communications.

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

Thank you, Chair.

This is an amendment dealing with hybridization in Bill C-75.

I would maintain this specific offence as a solely indictable offence. That offence relates to the interception of radio-based telephone communication.

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

Thank you, Mr. Chair.

This is an amendment dealing with hybridization. Bill C-75 would take from an indictable to a hybrid the offence under section 184(1) of wilfully intercepting a private communication. This amendment would maintain this offence as solely an indictable offence.

[The Chair, Liberal, Anthony Housefather]

We will now continue our meeting of the Standing Committee on Justice and Human Rights as we continue our clause-by-clause study of Bill C-75.

(On clause 62)

Clause 62 relates to the potential repeal of section 179 of the code. We have identical amendments X-37, LIB-3 and PV-6.

Ms. May is not here.

Mr. Rankin?