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.

Fall Economic Statement Implementation Act, 2023

[Kelly McCauley, Conservative, Edmonton West, AB]

Mr. Speaker, I am glad my colleague brought up the issue around crime. Last month was the tragic one-year anniversary of a young mother and her young child being murdered on the streets of Edmonton by a man who had just been released on bail after assaulting a young girl and another person while he was out on parole after stabbing someone randomly and charged with attempted murder. He was out on parole after also trying to stab someone to death while also out on bail on four different violent assault charges.

The Liberals introduced Bill C-5 and Bill C-75, soft-on-crime bills. I wonder whether the member could perhaps give some feedback on why he thinks the Liberal government is prioritizing the rights of criminals instead of innocent victims.

Public Safety

[Dan Mazier, Conservative, Dauphin—Swan River—Neepawa, MB]

Mr. Speaker, it is always an honour to present a petition on behalf of constituents.

I rise for the 38th time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The people of Swan River are upset that jail is a revolving door for repeat offenders, as Bill C-75 allows violent offenders to be in jail in the morning and back on the street the same day. The Manitoba West district RCMP reported that just 15 individuals were responsible for 1,184 calls for service.

The people of Swan River are calling for jail, not bail, for repeat violent offenders. The people of Swan River demand that the Liberal government repeal its soft-on-crime policies, which directly threaten their livelihoods and their community.

I support the good people of Swan River.

Department of Justice—Main Estimates, 2024-25

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, no judge ordered the government to make it easier to restrict judges from looking at other options, including keeping dangerous and repeat offenders in jail longer. The direct result of Bill C-75 is that Canada now has a catch-and-release bail system. The minister does not have to take my word for it. He can listen to the Victoria Police Department, which said in a statement, “Bill C-75, which came into effect nationally in 2019, legislated a 'principle of restraint' that requires police to release an accused person at the earliest possible opportunity”.

Let us look at what that language says. It specifically states, “a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions”.

Can the minister just answer a simple question? There are only two options: Since Bill C-75, either the crime rate went up or the crime rate went down. After nine years of the Liberal-NDP government, has the crime rate in Canada gone up or down?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, I appreciate that as a former Speaker, the member used to consult Speakers' decisions, but I also would appreciate that he knows about Supreme Court jurisprudence. What Bill C-75 did was codify a Supreme Court decision called “Antic”. The law was already in place. We took that law from the court cases and put it into the Criminal Code. That is what codification involves.

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, I will get to auto theft in a moment, but first I want to just clarify: Bill C-75 made specific changes to make bail easier for dangerous and repeat offenders. I am not talking about any other aspect of bill C-75. Since those specific changes in Bill C-75, has the overall crime rate gone up or down in Canada?

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, Bill C-75 dealt with a number of things. It dealt with trial delays. It dealt with responding to Jordan. It dealt with changing how to select a jury trial after the Gerald Stanley matter and the systemic racism that was disclosed. It also dealt with enhancing penalties for things like auto theft, which that member voted against.

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, there has been so much misinformation from the Minister of Justice, so I am going to try one last time to get some clarity around some key points.

The NDP-Liberal government made a conscious decision to not just make it easier but actually force judges to grant bail for dangerous and repeat offenders. That was in their bill, Bill C-75. Since those changes in the government's bill, has the overall crime rate in Canada gone up or down?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, I would be very open to looking at what is transpiring in California. Centring victims at the heart of our criminal justice strategy is important, and we have been attempting to do that with respect to victims of hatred, through the online hate bill; victims of child sex predation, through Bill C-63; victims of intimate partner violence, through our changes to the bail regime, not once but twice, through Bill C-48 and Bill C-75; and fundamentally, victims of gun violence in this country, through bills like Bill C-21, which would put a freeze on handgun sales and ensure tougher penalties with respect to things like gun trafficking. These are important provisions, but I am definitely willing to entertain suggestions about what California is doing and look at whether the model could be brought over.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, I appreciate the member's contributions at the justice committee and to today's debate, but let me just outline a few things. The first is that I am not responsible, or the decision-maker, for individual bail decisions. Those are made by independent and impartial adjudicators around the country. Second, the decisions are meant to be guided by principles under the Criminal Code of Canada and by Supreme Court jurisprudence.

The member is referencing Bill C-75, and what it entrenched is the constitutional principle that already came from case law, such as the Antic decision of the Supreme Court of Canada. All we were doing was codifying a jurisprudential decision that had already been made. However, in terms of decisions that are being made about repeat offenders, that goes to the hallmark of the likelihood of reoffending. That is a consideration for bail under the Criminal Code of Canada. It needs to be applied in all instances.

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Mr. Speaker, there was another story also coming out of the city of Victoria that a person charged with illicit drug trafficking three times was released on bail three times, and people are wondering what is going on with the police. Now the police, in their public notices, have taken to highlighting Bill C-75 of the Liberal government, which directs them to release people with the least restraint possible.

My question to the minister again is this: How many times is too many before a repeat violent offender like the drug trafficker I mentioned should be kept behind bars for the sake of public safety?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Chair, our commitment to victims, including victims of intimate partner violence, is steadfast, and that is witnessed through our reforms in Bill C-48 and Bill C-75, which dealt with the reverse onus on bail for people who are victims of intimate partner violence. That is demonstrating our commitment to victims, and we will continue to do so.

Motions in Amendment

[Vance Badawey, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I appreciate the opportunity today to speak about Bill S-224, an act to amend the Criminal Code (trafficking in persons).

This is a bill that presents the opportunity to consider Canada's criminal justice response to human trafficking.

Human trafficking is a devastating crime that involves recruiting, moving or holding victims in order to exploit these individuals for profit, usually for sexual exploitation or forced labour. Traffickers can control and pressure victims through force or through threats, including mental and emotional abuse and manipulation.

Human traffickers prey on individuals who may be in challenging situations. This could be someone who is not in contact with their family, struggling with their identity, a survivor of abuse or someone in desperate need to work for money. Whatever the reason, victims are often unaware that they are being groomed, as traffickers are often expert manipulators.

Human trafficking can involve crossing borders and, according to the UN, is becoming more difficult to detect. In 2022, for the first time, the UN reported a decrease in the number of victims detected globally. The “Global Report on Trafficking in Persons” posits that this decrease may be due to a lower institutional capacity to detect victims, fewer opportunities to traffic resulting from COVID-19 preventive restrictions and a proliferation of clandestine trafficking locations.

The UN also highlighted that climate change is multiplying trafficking risks. Climate migrants are vulnerable to trafficking, and in 2021, 23.7 million people were displaced by weather-induced natural disasters, while many others crossed borders to escape climate-induced poverty.

Importantly, human trafficking is not just a problem that occurs internationally; it is happening right now in communities across Canada.

Most trafficking convictions in Canada involve Canadian citizens. In some cases, however, they involve permanent residents or foreign nationals who are trafficked into Canada. These individuals may enter the country willingly, only to later find themselves in exploitative situations. For both internationally and domestically trafficked persons, vulnerability to being trafficked is heightened by economic deprivation, lack of opportunity or social isolation. In Canada, this includes population groups such as indigenous women and girls, migrants and new immigrants, members of the LGBTQ2 community, persons with disabilities, children in care and other at-risk youth.

I would also like to underscore the particular impact of human trafficking on indigenous women and girls.

The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls emphasizes the disproportionate impact of human trafficking and sexual exploitation on indigenous women and girls due to intersecting factors that increase the likelihood of being targeted by a trafficker. These include systemic racism, violence against indigenous women and girls, intergenerational trauma from colonization, lack of access to social and economic resources, and colonial assimilation policies.

That is why Canada has continued to demonstrate leadership in combatting human trafficking. Back in 2005, Canada enacted human trafficking offences in the Criminal Code. Those offences have been amended several times—including by our government in 2019 through former Bill C-75, which Conservatives are fond of maligning—to ensure a robust response.

For example, Bill C-75 brought into force a provision that allows prosecutors to prove one of the elements of the human trafficking offence, that the accused exercised control, direction or influence over the movements of a victim, by establishing that the accused lived with or was habitually in the company of the victim. We have heard the Conservatives say they would repeal Bill C-75, so I am curious as to whether they also plan to repeal this provision.

Moreover, in 2019, the Government of Canada launched the national strategy to combat human trafficking. This strategy is led by Public Safety Canada and is a five-year, whole-of-government approach to address human trafficking. It frames federal activities under the internationally recognized pillars of prevention, protection, prosecution, and partnerships. It also includes a fifth pillar of empowerment, which aims to enhance supports and services for victims and survivors of human trafficking.

Additionally, the Department of Justice's victims fund helps to ensure that victims and survivors of crime have improved access to justice and to give them a more effective voice in the criminal justice system. Since 2012, the Department of Justice has undertaken policy and program development through the federal victims strategy to support non-governmental organizations and other stakeholders to provide services and supports for victims and survivors of human trafficking. Since 2018, the victims fund has had an allocation of $1 million annually to support victims and survivors of human trafficking.

In terms of our legislative approach, the Criminal Code's main trafficking offence prohibits recruiting, transporting or harbouring victims to exploit them or to facilitate their exploitation by someone else under section 279.01. Separate offences criminalize materially benefiting from human trafficking under subsection 279.02(1) and withholding or destroying identity documents, whether authentic or forged, to facilitate human trafficking under subsection 279.03(1). In addition to these adult-trafficking offences, the Criminal Code also contains child-specific human trafficking offences. I stress that all of these offences have extraterritorial application, meaning that a Canadian or a permanent resident who engages in this conduct abroad can be prosecuted in Canada under subsection 7(4.2).

Importantly, convictions have been secured under these offences, including where traffickers have exploited their victims' vulnerabilities without using physical violence. Both the Ontario and the Quebec courts of appeal have found that under the existing human trafficking offences, prosecutors do not need to prove that the victim was actually afraid, that the accused used or threatened the use of physical violence or even that exploitation actually occurred. Prosecutors need only prove that a reasonable person in the victim's circumstances would believe their physical or psychological safety would be threatened if they failed to provide the labour or services required of them.

We look forward to proceeding with this discussion this evening, and I will end my comments here.

Public Safety

[Pierre Poilievre, Conservative, Leader of the Opposition]

Mr. Speaker, the Prime Minister was not forced by the courts to allow career car thieves to do their sentences in their living rooms playing Grand Theft Auto. He chose to do that through his Bill C-5. He chose to bring in catch-and-release bail through Bill C-75. He chose to pass a law allowing Paul Bernardo out of max pen.

Now, the Prime Minister can make another choice. Instead of trying to ban Grandpa Joe's hunting rifle, will he put extortionists who use machine guns in jail?

Protection against Extortion Act

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

Madam Speaker, after listening to the debate today and the first session of it as well, I am quite disappointed in hearing that the NDP and the Liberals will not be supporting tougher penalties for such serious crimes as extortion.

The fact is that after nine years, backward, soft-on-crime Liberal policies have resulted in a full-blown crisis across Canada. Canadians are suffering the consequences of the Liberal government's failed policies on crime with skyrocketing auto theft, extortion, gun violence, random assaults and arson right across the country. Crime is not only more frequent, but the severity of crime has also gone up.

In fact, we see extraordinary crime statistics in almost every possible crime category. Statistics Canada paints a very grim picture, reporting that car thefts are up over 300% in some cities across the country, and the rate of firearm-related or violent crime in 2022 was the highest ever recorded. According to a recent report, violent crime is only getting worse, and Canada's violent crime severity index is at its highest level since 2007.

Extortion, which we have been discussing today, is up across the country. In Ontario and Alberta, extortion offences are up almost 300%, and 386% in British Columbia since 2015. This is the result of the last nine years of soft-on-crime Liberal policies allowing crime, chaos and disorder to run rampant in our Canadian streets.

Instead of addressing this Liberal-made crisis, the government continues to make life easier for criminals and their organized crime organizations. In today's Canada, it is common for criminals to get released within hours of arrest, allowing them to return to the same communities that they terrorized just hours earlier.

Under the current Prime Minister, our police are sick and tired of arresting the same criminals over and over again just to see them walk away unpunished. They know that despite doing their job and catching these criminals, the criminals will be released because of the bills the government brought in: Bill C-5 and Bill C-75. It is not surprising that Canadians are losing faith in our justice system. After nine years of the Liberals' catch-and-release chaos, the majority of Canadians do not have confidence in our justice system anymore.

None of this is normal. None of this makes any sense, but most importantly, it does not have to be this way. Our Conservative plan in Bill C-381 would ensure that anyone who commits extortion will serve jail time. This common-sense bill would establish a mandatory sentence of three years for any criminal convicted of extortion. It would send a clear message to organized crime rings that if they do the crime, they will do the time under a Conservative government.

The bill would undo the serious damage caused by the government's reckless Bill C-5, which eliminated mandatory jail time for committing extortion with a firearm. Not only would Bill C-381 restore a mandatory four-year prison sentence for committing extortion with a firearm, but it would also make arson an aggravating factor. Additionally, any criminal who commits extortion on behalf of a gang, criminal organization or crime ring would get a mandatory five-year sentence. Finally, we would reverse the damage done by the government's Bill C-75 and restore jail, not bail, for repeat offenders who continue to benefit from Liberal soft-on-crime policies.

This common-sense bill would give prosecutors and the police an important tool to go after the ringleaders of criminal organizations and allow them to put away those who work on the ringleaders' behalf.

Canadians deserve safer streets and secure communities that are free from extortionists and organized crime. It is our Conservative common-sense plan that would bring home safer streets, reverse the damage of the last nine years of the Liberal government's chaos and restore peace in our neighbourhoods.

[Rob Moore, Conservative, Fundy Royal, NB]

Madam Speaker, after listening to my colleague's remarks, there is no doubt in my mind or in Canadians' minds why crime is absolutely out of control after nine years of the Liberal-NDP government. Liberals simply do not get it.

They talk about resources for police; I will share one story we heard recently. Police in Victoria arrested the same man three times in three days for stealing vehicles and committing other offences. This is not a matter of the police's ability to arrest, catch or find an individual. They were able to do that, but I will tell everyone what happened. First, the man was arrested for trying to steal an occupied car and released on bail. The next day, he pushed a woman out of her car and caused several crashes before trying to take a second vehicle. The police caught him; he was arrested and then released on conditions again. Incredibly, on the third day, police were called to a home invasion in progress. The suspect left and attempted to enter an occupied vehicle before he was finally arrested. Following this out-of-control crime spree, a statement from Victoria police leads with the question: Why was this person originally released?

That is the question Canadians have been asking of the government over and over again. The results are in, the evidence is in, and the evidence is staggering. Since 2015, violent crime in this country is up 39%. Why do I mention 2015? That happens to be the year that the Liberal-NDP government took power. It began the Liberal governance and the running of our justice system. Since 2015, homicides are up 43%, the highest rate in 30 years. Since 2015, gang-related homicides are up 108%. As I mention these statistics, we should remember that they represent victims from across the country, victims from urban and rural areas, individuals whose families will never see them again. Therefore, these are not just statistics. They represent Canadian victims.

Violent gun crimes are up 101%, and they have gone up every year since the Liberals took office in 2015. Assault with a weapon is up 61%, sexual assault has increased 71% since 2015, and sex crimes against children are up 126%. We all know that auto theft is out of control. Incredibly, since the Prime Minister took office, Toronto alone has seen a 300% increase in the number of vehicles stolen. Therefore, members will forgive me if I find it absolutely incredible to be lectured by the NDP or the Liberals on what works and what does not work. Canadians know and are ready to pass judgment on the government and its weak crime legislation.

It is incredibly weak in that there were deliberate efforts in Bill C-75 to create catch-and-release bail reform. Bill C-5 removed mandatory jail time for an individual who commits extortion with a firearm. I will get to this issue of extortion. The deliberate actions of the NDP-Liberal government have led us to the travesty that is our justice system. I use the words “justice system” very reluctantly; at the justice committee, a victim of crime appeared as a witness and said that Canada does not have a justice system anymore. It has a legal system. There is no justice for victims. When we look at these statistics, we see that the witness was absolutely right.

I am speaking today on the excellent legislation by my colleague from Edmonton Mill Woods, Bill C-381, the protection against extortion act.

We know that, over the last nine years, the rate of violent crime, as I just mentioned, has gone up in Canada; the rate of extortion is no exception. Extortion is the act of obtaining something, typically money, through force or threats. Since 2015, the rate of extortion in Canada has increased 218%; again, this should be no surprise for anyone who listened to the general stats around crime. In 2022, the rate of police-reported extortion increased 39% in a single year. Bill C-381 is part of our common-sense plan to crack down on extortionists and to protect Canadians.

I would like to mention some of the concrete measures that are in the bill. The bill would establish a mandatory jail sentence of three years for criminals convicted of extortion. This is Parliament's way of saying that the current sentencing on extortion is too soft and that the criminal justice system is too lenient. The revolving door that allows someone to commit serious crimes and then be released into the community has to be shut for individuals who commit such crimes, and this is an entirely appropriate mandatory jail sentence for the serious crime of extortion.

The bill would also restore the mandatory jail sentence of four years for the offence of extortion with a firearm. Now, who in their right mind would think that we should have removed a mandatory four-year sentence for the offence of extortion with a firearm? Nobody would, except that the Liberals did exactly that with Bill C-5. They removed a penalty for extortion with a firearm, allowing individuals to serve their sentence from the comfort of their own home and requiring no mandatory jail time for using a firearm in the offence of extortion. However, this is the same bunch that are happy to go after law-abiding Canadians: If a person is a hunter or a sport shooter, the Liberals want to take their guns and want to make sure that they harass them to the maximum. They are going to spend millions, if not billions, of taxpayers' dollars to buy back legally owned firearms to go after the good guys. What do they do to the bad guys, the individuals who are committing extortion with a firearm? They say, “You know, there's probably no need for you to even serve any time in jail.”

What I heard the previous speaker say, which is that criminals are somehow not aware of the penalties in our justice system, is incredibly naive. Of course criminals know that we have a lax justice system. Canada is a target for many of these criminal offences because of our lax regime. Of course criminal organizations know that minors are subject to a different legal system than adults, which is why minors are often used in the commission of some of these offences.

The private member's bill would also extend the five-year mandatory jail sentence for the offence of extortion when “committed for the benefit of, at the direction of, or in association with a criminal organization”. We are seeing criminal organizations targeting, for example, business people, saying that if they do not pay up, there will be consequences. It may be done using a firearm, or as has been the case throughout our country, with individuals using arson and burning down a project that is under construction if a person does not pay up. This is why the bill establishes arson as an aggravating factor for the charge of extortion.

For too long, the Liberal government has ignored the rising rate of extortion while communities are targeted by gangs and business owners face threats, such as having their property torched by arsonists. We know that these are not empty threats, and gun violence and arson are often associated with these extortion schemes.

Since 2015, the rate of extortion has skyrocketed under the Liberal-NDP government; it is up 263% in Ontario, 284% in Alberta and 386% in British Columbia. This is why, in January, the mayors of Brampton, Ontario, and Surrey, B.C., wrote a letter to the Minister of Public Safety asking him to take urgent action. The Liberals have not taken action. The NDP are certainly not going to take action. The Conservatives will stand up for Canadians and fight against extortion.