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.

Bill C-75—Time Allocation Motion

[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.

[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.

[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.

[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?

[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.

[Jody Wilson-Raybould, Liberal, Minister 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.

[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?

[Bardish Chagger, Liberal, Leader 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—Notice of time allocation motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, it is unfortunate that I share that an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the report stage and third reading 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

Business of the House

[Dominic LeBlanc, Liberal, Minister of Intergovernmental and Northern Affairs and Internal Trade]

Mr. Speaker, I am sure our colleagues were looking forward to the chance when I could answer the Thursday question again. It is good news as I am about to do so.

This afternoon, we will continue with the report stage debate on Bill C-75 on the modernization of the criminal justice system.

Tomorrow, pursuant to an order made on September 21, the House will be adjourned to allow members to return to their ridings for Remembrance Day.

As my colleague indicated, next week will be dedicated to working on behalf of our constituents.

On Monday, November 19, we shall have an allotted day.

On Tuesday, we will resume debate at report stage of Bill C-75, the justice modernization bill.

Finally, I know all Canadians are looking forward to Wednesday, because the Minister of Finance will deliver his fall economic statement.

While I am on my feet, Mr. Speaker, there have been discussions among the parties and if you seek it I think you will find unanimous consent for the following motion:

That, notwithstanding any standing order or usual practice of the House, at 4 p.m. on Wednesday, November 21, 2018, the Speaker shall interrupt the proceedings to revert back to "Statements by Ministers" to permit the Minister of Finance to make a statement; after the statement, a member from each recognized opposition party, a member of the Bloc Québécois, and the member for Saanich-Gulf Islands may reply; after each member has replied, or when no member rises to speak, whichever comes first, the House shall proceed to the taking of any recorded divisions deferred to the end of government orders or to immediately before the time provided for private members' business and then proceed to the consideration of private members' business.

I think that was quite clear. If necessary, I can repeat the whole thing again.

Justice and Human Rights

[Murray Rankin, NDP, Victoria, BC]

Madam Speaker, I have the honour to present, in both official languages, the 22nd report of the Standing Committee on Justice and Human Rights concerning 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.

The committee has studied the bill and has decided to report the bill back to the House, with amendments.

Justice

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

Madam Speaker, there are many things the Liberal government has failed on: balancing the budget, cutting taxes for the middle class, and maintaining Canada's strong presence on the world stage. What it has not failed on is standing up for the rights of criminals over the rights of victims.

Bill C-75, the Liberal's 300-page omnibus justice reform bill, would water down penalties for very serious crimes. If passed, criminals could be sentenced with as little as a fine for serious offences such as human trafficking, using drugs in the act of sexual assault, and impaired driving causing bodily harm.

Canadians can always count on the Conservative Party to put the rights of victims before the rights of criminals. That is why we introduced the victim's bill of rights, introduced mandatory minimums and campaigned on life means life legislation.

Today, as the father of Tori Stafford and hundreds of others are outside these walls protesting the Liberal government, I call on the government to put its ideology aside, do the decent thing and stand up for victims of crime.

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

Mr. Speaker, I completely reject the characterization by members opposite on Bill C-75, which is a comprehensive bill that seeks to address delays in the criminal justice system.

There is nothing in this legislation that would reduce sentences. There is nothing that would change the principles around sentencing, which take into account the gravity of the offence and the proportion responsibility of an offender.

We are not lowering sentences. We are providing prosecutors with the necessary discretion they need to move forward in the appropriate way given the circumstances of the particular case.

[Tony Clement, Conservative, Parry Sound—Muskoka, ON]

Mr. Speaker, the Liberals are failing again. They are watering down sentences for crimes such as administering date rape drugs, abducting children, impaired driving causing bodily harm and selling young women and men into sexual slavery.

The Conservatives called for over 100 amendments to clean up the government's deeply flawed omnibus Bill C-75, but the Liberals were not listening.

Does the minister really believe Canadians want sex traffickers and kidnappers to have lesser sentences?

Criminal Code

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Madam Speaker, I am pleased to rise today and speak to Bill C-375, an act to amend the Criminal Code, to require that a pre-sentence report contain information on any mental disorder that an offender may have.

I understand and am sympathetic to those who suffer from mental health disorders. I proudly supported the private member's bill of my colleague from Niagara Falls, Bill C-233, which sought to address the challenges of Alzheimer's and other dementias on a national level. However, I am deeply concerned about this bill. This bill, when taken together with other legislation introduced and passed by the current Liberal government, continues a long and disturbing pattern of favouring the protection of criminals over the protection of the victims of crime.

Just last week, I stood in this place and compared the record of the last Conservative government on crime with the record of the current Liberal government. They stand in stark contrast. From day one of their mandate, the Liberals have demonstrated both an appalling indifference to victims and a disquieting compassion for criminals. We have seen this time and again. This is the government that willingly gave a $10.5 million payout to unrepentant convicted terrorist Omar Khadr, who killed American medic Sergeant Christopher Speer in a firefight in Afghanistan in 2002. Further, Tabitha Speer, Sergeant Speer's widow, was awarded a judgment of $134 million by a court in Utah against Omar Khadr. The Liberals could have, and I would suggest should have, waited to allow the courts to rule on an injunction for Mrs. Speer. Instead, they rushed payment to Khadr, making enforcement of the judgment unlikely.

What of our Canadian veterans who need help? To them, the Prime Minister had one thing to say, that they were asking for more than he was willing to give. However, for ISIS fighters, it seems the cash never stops flowing. The Prime Minister pledged to use taxpayers' hard-earned money to de-radicalize terrorists through such tried and tested means as reading Canadian poetry.

The Minister of Foreign Affairs, for her part, refuses to use the term “ISIS terrorists”, instead choosing to use the vapid term “foreign fighters”. When pressed on her plan for these so-called foreign fighters, she offered this gem of an insight:

With respect to the foreign fighters, I think we need to remember why they are where they are right now.

We all remember why they are where they are. We remember that they left Canada to engage in horrific war crimes against innocent men, women, and children halfway around the world, crimes like beheading innocents, throwing gay people off buildings, and stoning women to death for the crime of being raped. According to the Prime Minister, these hardened terrorists can be “an extraordinarily powerful voice” in Canada. One wonders what those voices are saying.

The Conservatives have fought this disturbing hippyesque Kumbaya session with criminals and terrorists every step of the way. When Bill C-75 was introduced, it weakened the penalties for many crimes, including terrorism-related charges, to possibly as little as a fine. The Liberals spent months defending this decision before finally backing down and supporting Conservative amendments that ensured that terrorists would face the consequences of their actions. It took months of pressure and hard work to make this one obvious change. However, even now the bill remains deeply flawed.