Bill C-75 (Historical)

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

This enactment amends the Criminal Code to, among other things,
(a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and
(i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.

Criminal Code

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, the Liberal government's Bill C-75 seeks to dramatically change the Criminal Code.

We support some of the measures in the bill, namely the one on domestic violence, because it provides better protections for victims and is harsher on criminals. It makes perfect sense.

Here ends the praise, however. The Liberal government is seeking reduced sentences for those who commit heinous crimes, including participating in the activities of a terrorist group, municipal corruption, human trafficking, forced marriage, advocating genocide, helping a prisoner of war to escape, and causing bodily harm.

Canadians want justice to be served when a crime is committed. The Liberal government is acting recklessly in seeking reduced sentences for these crimes.

That is no surprise, however, coming from a government that is poised to welcome 60 former ISIS fighters and have them take poetry classes.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon we will begin debate on Bill C-76, the elections modernization act. This debate will continue tomorrow, and the following week will be a constituency week.

However, if we receive a message from the Senate this afternoon about Bill C-49, the transportation modernization act, this bill will get priority.

Upon our return following the constituency week, we will resume debate on Bill C-76 on Tuesday.

On Wednesday, we will start debate at report stage and third reading of Bill C-57, an act to amend the Federal Sustainable Development Act.

On Thursday, we will begin debate on Bill C-75, the justice modernization act.

Finally, pursuant to Standing Order 81(4), I would like to designate Tuesday, May 22, for consideration in committee of the whole of the main estimates for the Department of Finance, and Thursday, May 24, for the Department of Citizenship and Immigration.

Justice

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, Canadians elect MPs to represent their interests and concerns in the House of Commons. Among other things, Canadians elect us to prioritize their safety and security, to defend the vulnerable, and to create laws that put the rights of victims before those of criminals, which is why it is extremely alarming to those of us on this side of the House to see the Prime Minister pandering to criminals rather than protecting victims.

Bill C-75 reduces penalties for a long list of very serious crimes, including participating in a terrorist group, trafficking women and girls, committing violence against a clergy member, murdering a child within one year of birth, abducting a child, forced marriage, advocating for genocide, and participating in organized crime.

The Conservatives believe the safety of Canadians should be the number one priority of every government. We will continue to speak up and speak out for those who are affected. We believe that the values portrayed within Bill C-75 are both deceptive and damaging, and we will continue to advocate on behalf of Canadians.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, I rise in the House today to make Canadians aware of some very troubling changes the Liberals are proposing in Bill C-75.

The government is essentially watering down very serious criminal charges by adding a possible summary conviction as a crown option. This could result in a penalty as low as a fine for what was an indictable offence with a penalty of up to 10 years. These charges include abduction of a child under the age of 14, material benefit from trafficking, breach of prison, participation in a terrorist group or criminal organization, advocating genocide, arson for fraudulent purposes, and the list goes on.

This is the Liberal answer to the current backlog in the justice system, a crisis created by not appointing the adequate number of judges to the bench.

Canadians know this. When a perpetrator of a serious crime is set free with a mere fine, he or she has not paid the price for that crime.

I call upon the government to finally start putting victims first.

Alleged Premature Disclosure of Contents of Bill C-75—Speaker's Ruling

[The Speaker, Geoff Regan]

I am now prepared to rule on the question of privilege raised on April 17, 2018 by the hon. member for Niagara Falls concerning the alleged premature disclosure of the contents 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.

I would like to thank the hon. member for Niagara Falls for having raised this matter, as well as the Parliamentary Secretary to the Leader of the Government in the House of Commons and the member for Berthier—Maskinongé for their submissions.

The member for Niagara Falls explained that an article by the CBC was published online eight minutes after Bill C-75 was introduced, suggesting that the only way this timeline was feasible was if the news organization was given advanced access to the contents of the bill.

Underscoring the importance of the House's right of first access to bills, the member contended that it is unacceptable that members have to “play catch-up” on a public debate on government legislation that is occurring between a well-briefed media and the Minister of Justice.

The Parliamentary Secretary to the Leader of the Government in the House of Commons told the House that no advance disclosure of the bill had occurred and the government had complied with all the rules. As a result, he believed that members were not impeded in their functions, nor was there any offence against the authority of the House.

Let me begin by noting that in this case, the right of members to be informed first as to the content of bills which are on notice is not in question. Rather, what is at issue is whether this customary privilege has been properly observed.

On June 8, 2017, I explained that the right of first access has to be balanced with other considerations, such as the complex policy development process that accompanies the drafting of a piece of legislation. I stated at page 12320 of the Debates:

The right of the House to first access to legislation is one of our oldest conventions. It does and must, however, coexist with the need of governments to consult widely, with the public and stakeholders alike, on issues and policies in the preparation of legislation.

This, then, must be measured against other evidence that is provided to the Chair; in other words, is there irrefutable evidence that specific legislative details about Bill C-75, beyond what could be considered as consultative information, were purposely and prematurely divulged to the media? Weighing the evidence provided in this case, as troubling as it is, it is difficult for the Chair to draw that conclusion, particularly since some details of the article in question could have come from the summary of the bill or from background information from discussions during the consultation process.

For that same reason, I can only agree with my predecessor when he noted on April 18, 2013, at page 15610 of the Debates, when referring to a question of privilege raised in relation to the premature disclosure of government legislation:

...it is a well-established practice that the contents of a bill are kept confidential until introduced in Parliament, thus making their premature disclosure a serious matter. However, in this case, a careful reading of the arguments presented to the Chair about what transpired reveals that the concerns expressed appear to be based more on conjecture and supposition than on actual evidence.

In addition, the parliamentary secretary assured the House that the government had not, in any way, divulged the contents of the bill nor its details before its introduction in the House. Therefore, although, as I said, this is very troubling, I cannot find that there is a prima facie question of privilege in this matter.

While the evidence presented may not be irrefutable in this instance, the Chair remains concerned that some members, of course, were left with the impression that they were put at a disadvantage in their ability to fulfill their duties.

When new ways, through technology or otherwise, are found to share information, it remains incumbent upon those who are responsible for legislative information to respect the primacy of Parliament by respecting the right of the House to first access. Members should never have to even so much as wonder if they were not the first to receive legislative information.

I thank all members for their attention.

Justice

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

Mr. Speaker, as Conservatives, we believe in fighting criminals who commit violent crimes; we believe in upholding victims and their families, and supporting law-abiding citizens. The Liberals are more interested in doing the opposite. With Bill C-75, the Liberals are proposing to reduce penalties for serious crimes, such as assault with a weapon, participating or leaving Canada to participate in terrorist activities, and participating in the activities of organized crime.

This bill will only weaken our justice system and sends the wrong message to Canadians. Canadians can be assured that we as Conservatives, will always stand up for the protection of law-abiding citizens and will put the rights of victims first. That is why, when we were in government, we passed tough on crime legislation, including the Victims Bill of Rights, which that party voted for. Unlike the Liberals, we put our words into action.

Record Suspension Program

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, I rise today to speak to Motion No. 161, a motion that calls for a study on the impacts of people in Canada with a criminal past who seek a record suspension.

As a member of the Standing Committee on Public Safety and National Security, I must say that this is not a pressing public safety or national security issue. It does not deal with the immediate concerns of gangs, guns, and violent crime, illegal border crossings, cybersecurity threats by foreign states, extremist attacks, or any kind of the myriad of crime concerns. However, while we debate the merits of the record suspension study, I have to say that my sympathies are generally not with those seeking a record suspension, but rather with the people who have been harmed by their crimes.

Record suspensions should not be something that anyone with a criminal past can get. Some crimes can and should remain forever on someone's record. The member for Saint John—Rothesay cites minor crimes committed years ago. However, it is the serious criminals and repeat offenders that are generally the concern, not one-time shoplifters. The fact is that one-time shoplifters are usually dealt with by means of alternative measures.

For the member's information, records do not prevent someone from obtaining employment. As an employer myself years back, I had many employees in my operation who had criminal records. It did not prevent them at all from working.

What we are talking about today are those with a record of a serious crime, like sexual assault, child abuse, trafficking, homicide, and other violent crimes. While I appreciate that some of those convicted of these types crimes have a difficult time, a burden they have brought upon themselves in most cases, having a record creates a deterrent. It is a reminder that these crimes are not welcome in society.

As a person of faith, I do believe in forgiveness. However, it is easy to forgive when we are not the victim. Forgiveness is easy when it requires no sacrifice. It is, and continues to be, the top priority of this House to protect Canadians, ahead of political gains and party standing. I believe that the language of this motion, which focuses on the hardships of convicted criminals, once again follows the trend of the current Liberal government to be soft on criminals. It should place the consideration of victims and honest, hard-working Canadians first.

Under the previous Conservative government, record suspensions were put more in line with our values as a society. We removed the term “pardon” to reflect that this was not an elimination of their past, but rather a recognition of the efforts made by those individuals to change their criminal past and live an honest contributing life within our society.

The Conservatives also removed criminals like child predators and repeat offenders with three or more indictable offences from being eligible to receive a pardon. As the member mentioned in his speech, this issue is not about a teenager shoplifting but about record suspensions for serious criminals.

The Conservatives also made it a user-pay model, so that taxpayers did not have to cover the costs of record suspension reviews.

Finally, the number of years that people with serious criminal convictions, like violence and sexual crimes, had to demonstrate that they were rehabilitated before they could obtain a record suspension doubled. Summary conviction offences went from three years to five years. Indictable offences went from five years to 10 years. To me, this is common sense. Actions have consequences, and those who have acted in a manner that many in our society might find unforgivable have longer-lasting consequences.

As someone who has worked in law enforcement and experienced the dark side of our society and complete lack of value that some place on other humans and human life, it is hard to reconcile those experiences with the sympathies of my Liberal colleagues. Looking at how many Liberals in the government have viewed public safety to date, I cannot say that the country we are building is safer than that of our past. Rather than feeling sympathy for victims of crime and defending those who respect and honour our laws, the Liberals seem to place misguided sympathy with those who have committed the crimes.

In Bill C-75, for example, which is the new Liberal legislation to change the criminal justice system, the Minister of Justice is seeking to water down protections for clergy. Having recently withdrawn from its previous position after considerable backlash from Canadians, the government has again sought to lower or remove protections against clergy in Canada. At a time of heightened hate crimes and increased religious conflict, we are making it easier to carry out a crime against any religious group. The government is giving lighter sentences on assaults with weapons, terrorism, rioting, and corruption. I have not met a Canadian who has asked us to water down protections. That certainly was not the Liberal mandate that the government received from Canadians.

However, the Liberals are getting tougher on some, primarily on law-abiding gun owners. The new gun legislation, Bill C-71, creates more rules and red tape, and potentially criminalizes honest Canadians who have not broken the law or harmed anyone. It is a regulatory bill, not a public safety bill. It appears that the Liberals' policy is to lighten penalties on criminals, make life harder for those who follow the law, and ignore real threats to Canadians by reducing penalties for serious crimes. It is hard to reconcile how a government so obsessed with image and photo shoots could be so completely out of touch with the needs of Canadians.

Any changes to our country's criminal justice system must place victims first. Too often, victims pay the price while the system works for criminals. For those with a criminal history, it is not up to society to change for them. Actions have consequences, and we have a path laid out to rehabilitation through prison and parole systems. Criminals who have been released must take on their own rehabilitation to earn their place back into being a productive member of society. No one can earn that for them, and no one else can give it to them. As Thomas Paine once said, “That which we obtain too easily, we esteem too lightly.” If we hand out record suspensions with ease, they are, by human nature, valued less.

I am particularly concerned of the potential risk that softer record suspension rules will have on vulnerable sectors in our society. We know that agencies all across this country ask law enforcement to perform tens of thousands of vulnerable sector checks each year on individuals seeking to work or volunteer with our society's most vulnerable, namely, our children, our disabled, and our seniors. If record suspensions become easier to obtain, if the types of crimes for which someone can have his or her record expunged are expanded, and if the time it takes to demonstrate that one's life is truly free from crime is reduced, the possibility exists for increased risk for the vulnerable to be victimized. That is unacceptable.

Therefore, I am left, when looking at this motion and the various other public safety measures the government has proposed, to ask, where is the plan? There does not appear to be a plan, and that is not appropriate for this House, which should place the protections of the innocent first.

With violent crimes affecting local communities, gang violence taking the lives of so many young Canadians, and a drug crisis that continues to tear families apart, this House has important things to consider, and I just cannot say this is a top priority. Some crimes have the ability to shake our collective feeling of security across our communities and our country. In 2014, this House was shaken by an armed assault. In 2017, in Edmonton, an ISIS-inspired terrorist attacked a police officer and tried to kill other people with a van. Just last month in Toronto, all of us witnessed the madness that killed 10 people. We were not able to save those who were killed or injured, but we certainly should not reward the perpetrators and punish the victims.

Canadians want a government that ensures criminals face the full extent of the law. The Hon. Margaret Thatcher was fond of saying, “Watch your thoughts, for they become words. Watch your words, for they become actions. Watch your actions, for they become habits. Watch your habits, for they become your character. And watch your character, for it becomes your destiny. What we think, we become.”

This motion tells us where the belief and attention is for the Liberal government. It is not with victims. It is not with law-abiding Canadians. It is not with police or national security. It seems to be with criminals.

I would caution my colleagues in government that their actions speak loudly to Canadians. Canadians are on the side of victims, police, and safer streets and communities, and they are on the side of families. Being on the wrong side of that will determine each of our political destinies.

Justice

[Matt Jeneroux, Conservative, Edmonton Riverbend, AB]

Mr. Speaker, the government's omnibus justice bill, Bill C-75, misses the mark completely. This bill is an attempt by a government falling behind in the polls to pass legislation in order to keep promises it has been failing to uphold. Bill C-75 is a huge overstep by the government. I think it is incredibly important to protect the rights and freedoms of Canadians, but this goes above and beyond.

Under the proposed legislation, a number of serious offences, including child abduction, would be classified as hybrid offences. This would mean potentially lighter sentences for people accused of these serious crimes. Reducing these sentences would be a grave mistake.

I am not confident in the ability of the government to overhaul the justice system when it cannot even appoint judges on time, creating a backlog that allows criminals to walk free after long court delays.

Bill C-75 is another attempt by the government to parade its social justice agenda while jeopardizing the safety of Canadians.

Alleged Premature Disclosure of Contents of Bill C-75

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

Madam Speaker, I would like to provide a response to the question of privilege raised by the hon. member for Niagara Falls on April 17 with respect to the alleged premature disclosure of the content of Bill C-75.

My hon. colleague, in his statement, argued that the right of the House to first access to the text of the bill had been infringed. Our government takes these allegations, and the Speaker's recent decisions on related matters, very seriously.

I would argue that the matter before us today does not meet the requirements to be considered a prima facie breach of privilege. In fact, there was no premature disclosure of the bill.

On the subject of the confidentiality of a bill, the Speaker previously stated in his April 19, 2016, decision that:

....the House cannot allow precise legislative information to be distributed to others before it has been made accessible to all members.

This statement echoes the decisions of previous Speakers, such as Speaker Milliken's October 4, 2010, decision, which stated:

It is indisputable that it is a well-established practice and accepted convention that this House has the right of first access to the text of bills that it will consider.

Speaker Milliken also stated, in his November 1, 2006, decision, that:

The key procedural point....is that once a bill has been placed on notice, it must remain confidential until introduced in the House.

Again, I reiterate that all the rules have been complied with. In the present case, the article that the hon. opposition member referred to was published after the bill was tabled in the House.

At the core of the current debate lies the concept of parliamentary privilege. Matters of privilege and contempt can be broadly defined as: (1) anything improperly interfering with the parliamentary work of a Member of Parliament; or (2) an offence against the authority of the House.

The situation brought forward by the hon. member for Niagara Falls does not fit any of these categories, as no individual MP has been impeded, and there has not been any offence against the authority of the House.

Failing to see how anyone's right have been compromised or infringed, I would respectfully submit that this matter does not constitute a prima facie question of privilege.

Justice

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

Mr. Speaker, again, I am happy to stand up to speak about the appointments process that we have instituted. We will follow the appointments process for every appointment that I make.

I have made 167 appointments to the superior courts across this country, 27 in Alberta. I will add again, there were 100 appointments last year, a record of any minister of justice in over two decades.

I look forward to the member opposite also supporting Bill C-75, as we are committed to ensuring that we reduce the delays in the justice system.

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

Mr. Speaker, our government is committed to ensuring that we continue to move forward to transform the criminal justice system, with an eye to public safety, protecting victims, and holding offenders to account.

We are going to continue to move on this. This is why our government introduced Bill C-75, which I look forward to the members opposite supporting, given that they are concerned as well about delays in the criminal justice system.

I was also proud and continue to be proud of appointing meritorious judges across the country, 167 in fact, and last year, in 2017, 100 judges, the most of any justice minister in two decades.

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

Mr. Speaker, our government is committed to ensuring that we continue to move forward with broad-based criminal justice reform to address delays that were identified by the Supreme Court of Canada.

I was grateful to introduce Bill C-75. I look forward to the member opposite supporting Bill C-75 as we move forward, because it will substantially address the delays in the criminal justice system. I am going to continue to appoint meritorious judges across the country, including in Alberta, of which I have appointed 27 thus far.

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

Mr. Speaker, again, I am committed to continuing to appoint meritorious judges to the superior courts across this country. The member opposite should know that appointing judges is not necessarily the main reason that delays exist. What we are doing is fulfilling our government's commitment to follow through to significantly address court delays by introducing bold reform by way of Bill C-75. I expect the member opposite will support these measures because they would significantly reduce the delays in the criminal justice system.

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

Mr. Speaker, as I have said, our government is committed to improving the efficiencies and the effectiveness of the criminal justice system to ensure victims are supported, to ensure that offenders are taken to account, and to ensure public safety.

Delays in the criminal justice system are not new. They certainly existed in the previous government. The case of reference started to make its way through the system well in advance of our taking government. What is new is that we have taken significant steps by introducing Bill C-75, which aims to take bold action to address delays. As well, I have appointed 167 judges to the superior courts of this country.

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

Mr. Speaker, our government has taken responsibility by moving forward with criminal justice reform that keeps communities safe, protects victims, and holds offenders to account. By way of introducing Bill C-75, we have fulfilled a commitment to bring forward substantive reform to the criminal justice system that will fundamentally address delays, if passed.

Further to that, I take my responsibility of appointing superior court justices incredibly seriously. One hundred and sixty-seven have been appointed, with 27 appointed in Alberta. We will continue to appoint judges to ensure that all vacancies are filled.