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.

Firearms Act

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Mr. Speaker, I am proud as a licenced firearms owner to be speaking today against Bill C-71.

I have been listening to the debate, and I am quite amazed at the ridiculous comments coming from Liberal members.

For the member of Winnipeg North to claim that the amendment that was proposed by the Conservatives to ensure “with certainty” in the beginning of the bill that is not a registry and that this somehow changes the rest of the bill is ridiculous. That clause would put the rest of the act in conflict, and it is contrary to what it says. If Bill C-71 would no longer be a registry, then we should be striking out all the words in it that refers to “a registry” and “a registrar”.

As Conservatives, we will always support sound policy that ensures the safe storage and handling of firearms. All of us as licenced firearms owners have to take the proper courses to ensure that our firearms are stored kept under lock and key. We will support the proper screening of those who are applying to become firearms owners.

We want to ensure, as we go forward, that firearms are classified on function and not on visual looks. We also have to ensure that everyone who commits a crime using a firearm is properly treated under the Criminal Code. However, Bill C-75 would do none of that. Bill C-75 does not mention criminals, gangs, gun dealers, and is completely mute on the subject, and for that I am appalled.

Then, when we combine Bill C-71 with Bill C-75, the proposal coming from the Liberals to amend the Criminal Code, those guys want to look like they are getting tough on crime, but they are getting tough on legal firearms owners. When it comes down to the real criminals, the Liberals are going to take indictable offences that provide jail time and mandatory minimum sentences to criminal offenders and turn them into fines, a slap on the wrist. Those types of summary convictions are no way to treat real criminals, but that is the hug-a-thug, soft-on-crime Liberal mentality.

Here they are getting tough on firearms owners. They are going to make it more difficult for us to own and transport our firearms and transfer them to other people. However, if someone commits assault with a weapon, then that person can have a summary conviction, get a slap on the wrist and a fine. If people participate in a terrorist group or leave Canada to participate in a terrorist group, the Liberals are just going to slap them on the wrist and maybe put them on house arrest. There will be no mandatory minimums; it is going to be a summary conviction.

There are over 27 things. People could advocate for genocide, or abduct someone under the age of 16 or children under the age of 14 and get summary convictions. That soft-on-crime mentality is percolating through those Liberal benches, which is making Canada more dangerous. However, they are taking law-abiding firearms owners, the most law-abiding citizens in the country, and turning them into criminals. It is ridiculous. I find the mantra of the Liberals completely disgusting.

Nothing in Bill C-71 will fix the gang violence and the gun violence on our streets, whether it is in Toronto, Winnipeg, Ottawa, Montreal, or Vancouver. It will do nothing to stop it. Nor will it stop the crimes that we see in our rural communities and rural areas where there are more and more home invasions and properties being ransacked.

The member for Winnipeg North was saying that the bill had nothing to do with a registry. As has already been pointed out, in Bill C-71, subsection 29(1) says that we can provide a copy from the Canadian Firearms Registry to the Quebec government if the Quebec minister requests it. It is right here. The front-door gun registry, the actual registry that existed until 2015, is being moved over to the Quebec government.

The bill also talks about this issue of whether there is a registry. If there is no registry, why is there is a registrar in the bill? Bill C-71 keeps talking about the registrar. In section 23 paragraph (2) provides for reference numbers for the transfer of a firearm from one owner to another. We know that registrars keep reference numbers, because they have a registry.

Regardless of the rhetoric coming from across the way, we have a situation where the bill again establishes a backdoor gun registry on top of the front-door registry, with records being transferred to the province of Quebec.

We know that the registrar along with the chief firearms officers in each province will monitor the movement of our firearms from one area to the other. The only thing that will keep is that those of us who own firearms that are restricted in nature will be able to take them to our shooting clubs and ranges without having to get an authorization to transport that firearm.

However, if we want to take that firearm to a gun show, or a gunsmith to be fixed and maintained or even to return it to a peace officer, if we no longer wanted to have a firearm, or we did not want to pass it on to our family or sell it to a friend or a neighbour, we would have to get an authorization to transfer it. That is ridiculous, but that is the type of thing the Liberals believe in and that is what they have put in the bill. That is disturbing.

We can look at 2016 and look at what Gary Mauser at Simon Fraser University, who has done a lot of this work, had to say. Essentially he said that in 2016, out of the 223 gun murders that occurred, only 2% were committed by licenced firearms owners. Over half of them were committed by those involved in gangs. If the drug cartels, the biker gangs, the different gang organizations out there are committing most of the firearm offences, causing murders and criminality, then should we not be concentrating on them rather than giving them a pass in Bill C-75, rather than ignoring them completely in Bill C-71? Why are the Liberals always ready to turn a blind eye to crimes being committed by gangs.

We know criminals do not register their firearms. We know criminals do not buy their firearms from Cabela's or any other store that sells firearms. It is a ridiculous idea and an asinine policy to burden legal firearms owners, to burden our retail outlets that sell firearms with extra red tape and extra bureaucracy. They may not have to pay for a registration fee anymore, but we know all this data will be in the hands of the Government of Canada. We know that all this data, when it comes down to transferring firearms, when it comes down to transferring ownership between individuals, will be kept with a registrar. Registrars are the operators of registries.

Again, I am disappointed. It is almost 20 years since Allan Rock brought forward the first gun registry, which the Conservatives worked long and hard to get rid of it. I committed myself to that back in 1993. Here we are in 2018, talking about the Liberals bringing back an other gun registry. It is back to the future. It is the same old, same old when it comes to the tired Liberal governments. We cannot allow that to continue.

I call on all members of the House to vote against this poorly thought-out legislation, which would do absolutely nothing to protect Canadians. It would do absolutely nothing to enhance the screening of firearms ownership in the country. It would do absolutely nothing to help with our border services to stop illegal transport of firearms into the country.

This has been poorly thought out, but I am not surprised. It is coming from the Liberal government. It is an attack on law-abiding citizens, farmers, hunters, sports shooters, men and women who pass this culture on to their children and grandchildren, and I am proud to be part of that. I am ashamed to see the Liberals ramming this down our throats once again.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, Bill C-71 was introduced on the premise that it was supposed to stop gun and gang violence, but Bill C-75 would taking out all of the minimum mandatory sentences for crimes committed using firearms. They are at cross-purposes. Bill C-71 would regulate law-abiding citizens even more, and Bill C-75 would let criminals off the hook, allowing them to get out of jail sooner and back on the streets committing crime.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, without a doubt, this is the backdoor long-gun registry. I think the words “registrar” or “register” were in the bill over 13 times.

This is a particularly interesting bill when you see it in light of Bill C-75, which I like to call the “hug-a-thug” bill. In Bill C-75, the government seems to be reducing the sentencing for all kinds of crimes.

Does my hon. colleague have an opinion on how this Liberal government is viewed by the general public in terms of Bill C-71 on the one hand, and Bill C-75 on the other?

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, I find it interesting. We have Bill C-71 here. We have a good firearms registry in this country, because people who want to participate in firearms activities have to be licensed and get the proper certification. This bill just adds more bureaucracy. It is more of a process. It creates more difficulty for legitimate people to actually be involved in these kinds of hobbies.

I would like to have my colleague just comment on the difference between this bill, which reflects the attitude of the government on Bill C-71 and the fact that it is clamping down on legitimate, honest people across this country, and Bill C-75, which reduces the sentences for things like terrorism, genocide, criminal activity, organized municipal corruption, and those kinds of things.

Could she reflect on that a bit?

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

I appreciate the question. The elimination of peremptory challenges is one aspect of the jury reforms we're proposing in Bill C-75. Peremptory challenges—which is the ability of a crown or a defence counsel to eliminate an individual without giving a reason—have been considered to not provide, or to discriminate against, a broad diversity of individuals sitting on a jury.

Through the other measures in the proposed changes, we're seeking to ensure that there is the ability to have diversity on a jury.

We're going to continue to work with the provinces and territories around other reforms with respect to jury selection, given the responsibilities that provinces and territories have around lists and bringing individuals in to serve on juries, to ensure that there is a diversity of perspectives of individuals who sit on juries.

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Mr. Speaker, it is an honour to rise in the House today to speak to Bill C-71, an act to amend certain acts and regulations in relation to firearms.

I have been a member of this place for nearly 13 years. I am proud that over that time I have played a part in legislation that ensures Parliament is reaching three important objectives: first, that laws are put in place to protect the public from violent crime; second, that we are standing up for victims of crime and their families; and third, that law-abiding Canadians are treated with respect.

In this case, Bill C-71 misses the mark on all three of these objectives.

I recognize, and indeed our previous Conservative government recognized, how important it is to ensure that violent offenders and those who intend on using weapons to commit crimes are taken off the streets. I am certainly an advocate for legislation that targets dangerous offenders, protects our public, and ensures justice for victims and their families. I am proud that over my time here, I have been able to do my part to do just that.

In 2013, I introduced Bill C-479, an act to bring fairness for the victims of violent offenders. This legislation, which received all-party support, made certain that violent offenders who were clearly not remorseful or ready to be reintegrated into society could not drag their victims and their families before the Parole Board every year needlessly.

Indeed, any laws that aim to tackle violent crime must also seek to protect victims of violent offenders and their families from being re-victimized. They must also ensure that these offenders, those that are among the most likely to reoffend, do not get that opportunity.

By introducing legislation such as the Common Sense Firearms Licensing Act, the Safe Streets and Communities Act, and the Tackling Violent Crime Act, among many others, our Conservative government implemented productive, common-sense policies that treated firearms owners in the manner that any law-abiding citizen should be treated, while also cracking down on violent offenders and protecting the rights of victims.

The Common Sense Firearms Licensing Act took the power to reclassify firearms out of the hands of the RCMP and officials and put it in the hands of parliamentarians, who could be held accountable by the public. In doing so, our government sought to prevent any law-abiding citizen from being criminalized due to an unsubstantiated classification change.

The Tackling Violent Crime Act mandated jail time for serious gun crimes and made bail provisions stricter for those who had been accused of such crimes.

The Organized Crime and Protection of Justice System Participants Act provided police and justices with crucial new tools to fight against organized crime and to target reckless shootings by adding a new offence for the use of a firearm in the commission of a crime, regardless of whether the person caused or meant to cause bodily harm.

Of course, who could forget that we repealed the wasteful and ineffective long gun registry, which did absolutely nothing to reduce crime, but did waste millions in taxpayer dollars to treat law-abiding Canadians like criminals. In fact, I would challenge my Liberal colleagues to show me any data that would prove that there has been any increase in firearms crimes from legal firearms owners since the firearms registry was eliminated.

These are just a very small sample of the measures our previous Conservative government took to protect our communities and keep Canadians safe.

It is a shame now that the current Liberal government is trying to undo the progress we made. We have seen over the past two and a half years that the government cannot be trusted when it comes to protecting the public, while also protecting the rights of farmers and recreational and competitive firearms owners.

Bill C-71 proposes a myriad of changes that would potentially criminalize law-abiding Canadians, while doing nothing to target violent offenders or organized crime. The bill would put firearms classification powers back in the hands of unelected officials who Canadians cannot hold accountable, and risks unsubstantiated changes that would indeed create legal problems for people who have done nothing wrong. For my colleagues across the way, we experienced that in the last session when changes were made. Some members of Parliament who possessed firearms were criminalized by the changes.

What is worse is that the Liberals are pretending they are not trying to bring back the long-gun registry, which is nothing less than misleading. This bill would create a registrar to keep track of transfers of non-restricted firearms, yet the government insists it is not bringing back the long-gun registry.

I took the liberty of doing a quick Google search for the word “registrar”, and right at the top of the page was a definition that read, “an official responsible for keeping a register or official records.” That certainly sounds like a long-gun registry to me, and it sounds equally as wasteful and ineffective as the last one.

Originally, our caucus was optimistic about the government's intentions when it accepted our amendment at committee, which stated, “For greater certainty, nothing in this Act shall be construed so as to permit or require the registration of non-restricted firearms.” However, much to our surprise, it rejected our additional amendments that would have ensured that the elements of Bill C-71 to bring in this new long-gun registry were taken out of the bill. The government can say that it is not bringing back the long-gun registry, and I have heard it say that many times, but that does not make it true.

Meanwhile, Bill C-75, the government's legislation that proposes to overhaul the Criminal Code, would reduce penalties for very serious crimes, in some cases down to simple fines. The penalties for crimes like participating in the activities of a terrorist group, advocating genocide, and participating in organized criminal activity are being reduced in one piece of legislation, while farmers are being potentially criminalized in another. That is absolutely shameful.

The riding I represent, Flamborough—Glanbrook, is home to many farmers, hunters and sport shooters. These are people who are legally and safely using their firearms to protect their livestock and their crops, and who are participating in recreational pastimes that are ingrained in our national heritage.

I have heard from a wide variety of firearms owners in my riding who are deeply concerned that the government is targeting them through this bill, while completely neglecting to address rising crime rates in rural communities across the country which are particularly derived from illegal imported firearms.

I personally enjoy going down to the range for recreational purposes, and I completely understand the concerns of my constituents. They are concerned that they could be randomly criminalized by bureaucrats who they would be wholly unable to hold to account. They are concerned that the government is increasing red tape and treating them like criminals when they have done absolutely nothing wrong.

As has already been pointed out by our Conservative caucus several times throughout debate on this bill, this new long-gun registry that the Liberals are bringing in through the back door is treating law-abiding Canadians like suspects, and that is just not right.

The tandem of Bill C-71 and Bill C-75 is symbolic of much of the last two and a half years, where the government has been terribly ineffective on numerous files. The Liberals introduced these two pieces of legislation with the notion that they wished to tackle gun violence. However, they are doing nothing of the sort. What these bills would do is potentially criminalize law-abiding farmers, hunters, and sport shooters, and reduce the penalties for very serious and violent crimes. What they would not do is make our communities safer.

Canadians want to feel safe in their communities and their homes. They want a government that ensures that those who pose a threat to them and their families are taken off the streets. Bill C-71, and Bill C-75 for that matter, would do nothing of the sort.

This legislation is not only deeply flawed, but wasteful, and quite frankly offensive to the thousands of law-abiding Canadians who it will affect. Our Conservative caucus is determined to ensure that the laws we produce in this place protect our communities and respect the rights of law-abiding Canadians. Anything less is not good enough.

[Carole Morency]

I just want to point out that Bill C-75 does address some of the key principles that will govern under what circumstances a remote appearance would be appropriate. It directs the court to consider all of the circumstances, including the rights of the accused to a fair, just trial, to make full answer and defence, and the circumstances where it would be appropriate, where the technology exists and for what types of procedures.

That is addressed in the bill and we'd be happy to answer other questions.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Thank you so much, Mr. Fraser.

Thank you so much, Minister, for your time and for coming in today.

I have a question about intimate partner violence. The law and the judiciary have really been pushing the needle forward on this in cases such as Ewanchuk, where the defence of implied consent was rejected, and Lavallee, where the battered woman syndrome was recognized officially, and now we have legislation.

Can you please explain how Bill C-75 will move forward progress on intimate partner violence? Second, we know the judiciary plays a huge role in this as well, in sensitivity and understanding gender diversity. For the record, can you also explain what is the percentage of women on our benches and how we are moving that forward as well?

Thank you.

[Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section, Policy Sector, Department of Justice]

In response to the question, the approach in Bill C-75 is to come at it from a procedural perspective, and it's looking at offences that are straight indictable now—10, five, and two years, as the minister has responded.

Perhaps implicit in the question is that the name of the offence suggests that it is only capable of being committed in one way and in the most serious way. I think that as the minister said in her opening remarks, offences recognized with the penalty structure recognize that an offence can be committed in a variety of ways, and it can range from less serious—the gravity can be less—to the more serious on the scale.

That's the approach that Bill C-75 has taken: to provide a procedural option to crowns in appropriate cases to seek to move in a more simple, expeditious way for cases that, based on existing case law, based on the circumstances of the case before the court, will dictate that it's more likely that case is going to get a sentence at that lower end of the spectrum for sentencing. It is not to suggest that the existing case law that says that a serious case that in similar circumstances should attract a penalty of eight years on a maximum of 10 should still attract a penalty of eight years if it's appropriate and proportionate to other cases in similar situations.

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

Madam Minister, again, I've asked you a specific question, and that is to explain why, for example, dangerous operation of a vehicle causing bodily harm is an indictable offence while Bill C-75 waters down sentencing for impaired driving causing bodily harm, thus making that a hybrid offence among other offences that are being turned into hybrid offences, whereas other offences that are very similar remain indictable offences.

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

Thank you, Mr. Chair.

Thank you, Madam Minister.

No one disagrees with the fact that Bill C-75 does not change sentencing principles, but it clearly waters down sentences, going from a 10-year maximum to a two-years-less-a-day maximum if prosecuted by way of summary conviction. That is clear. That is the issue, and that is what is so concerning when we're talking about offences such as impaired driving causing bodily harm, kidnapping a minor, arson for fraudulent purposes, and I could go on.

I want to ask you, Madam Minister, about some of the choices that were made in terms of listing, through Bill C-75, offences as hybrid offences.

Can you explain, for example, why you have decided to leave subsection 249(3), dangerous operation of a vehicle causing bodily harm, an indictable offence while making impaired driving causing bodily harm a hybrid offence?

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Thank you, Minister, and thank you for your work along with Minister Goodale on Bill C-66, which we hope to see get royal assent later this week.

I want to thank you for your leadership in getting section 159 to this point so that it can come out of the Criminal Code. It means a lot to the LGBTQ community. As special adviser to the Prime Minister on LGBTQ issues, I thank you for your work on behalf of the community and on behalf of our government.

I sit on indigenous caucus on the government side, and we are interested, and I am particularly interested, in how the provisions in Bill C-75 are going to help make lives better for indigenous Canadians, reduce the overrepresentation of indigenous peoples in our criminal justice system, and see a criminal justice system that is fair and that sees people for who they are and the experiences with which they come to the criminal justice system.

If you could comment on that, I'd be grateful.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

As the member knows, the removal of section 159 by Bill C-75 is something that has been long-standing since we introduced Bill C-39 to ensure that we do some charter cleanup.

Section 159 in the Criminal Code has been rendered unconstitutional. It is discriminatory. Our government is committed to ensuring the rights of all Canadians and equality for all Canadians.

Another example would be the introduction and passage of Bill C-16, which you're very familiar with, with regard to gender identity and expression. It's an ongoing commitment to ensure the human rights and equality of all individuals.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

I would say that in terms of our collaboration, my colleagues and I in the federal government will continue that collaborative approach with the provinces and territories. We have regular meetings among all of us to assess and reassess what we can do better and what we can do to address issues that are a challenge for, as you say, all actors in the criminal justice system, from prosecutors to defence counsel to judges.

Again, the menu of bold reforms we've put in place with Bill C-75 have come at the request of many of those provinces and territories. Last September we got to a place where we could issue a joint press release on the need to ensure that these bold reforms move, and that we continue to work together. We'll definitely continue to do that.

In terms of resources, we always have conversations about the necessary resources. Provinces and territories have expressed to me and, I certainly suspect, to my officials that a lot of these changes and reforms proposed in Bill C-75 will assist with the efficiencies and resources necessary in the criminal justice system. That's an ongoing conversation that we will have.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

I have more time now: I like that.

I really appreciate the question. I know that this is the objective that all of us are seeking to address, to answer the call by the Supreme Court of Canada that there be a culture shift in addressing delays and to ensure that we do everything we can to provide an accused person with the ability to come to trial in a reasonable time so that cases aren't stayed. The latter is not the objective of anybody. Our review of the criminal justice system sought to ensure public safety, to show compassion for victims, and to hold offenders to account.

In that capacity, and based on the instructions I received from the Prime Minister, working with my colleagues in the provinces and territories and doing extensive consultations across the country, we came to the reforms that are being put forward in Bill C-75 to address bail reforms; streamline the process with respect to bail; to look at the administration of justice offences, which are a significant cause of delay in the justice system; to look at the reclassification of offences to enable prosecutors to make determinations on how to proceed; to look at preliminary inquiries, which, like the other issues, was strongly advocated by provinces and territories for reform; and to look at judicial case management and other efficiencies that have been articulated in Bill C-75.

It's a very detailed bill, as has been said. There are a lot of aspects and technical provisions contained within it, but cumulatively, this piece of legislation will—in my mind, and I'm confident about this—address delays in the criminal justice system, along with other initiatives that our government has put forward and continues to do.