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.

Export and Import Permits Act

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, first, I want to take this opportunity to thank my colleague, the member for Calgary Shepard, who articulated so very well the issues we are facing, certainly not only in rural Alberta but in rural communities across the country.

I would like to start by telling a story about an incident that happened in my constituency not long ago. Friends of mine told me about burglars coming into their house. Their children were in the basement. It was the middle of the day. They came down the stairs to the basement, armed. Their very large 17-year-old son was able to walk up the stairs and scare these burglars off, but they were very concerned about what could have happened to their three kids who were home alone that day. Of course, the burglars did not leave empty-handed; they took four vehicles from the farm on their way out the gate.

This is what residents throughout rural Canada are facing right now: a steep increase in rural crime. The Liberal government had an opportunity over this past year to address this issue.

I was very proud to be a member of the rural crime task force, which was made up of several Conservative Alberta members of Parliament. We held town halls throughout the province over the last six or seven months. We put together a list of more than a dozen very strong recommendations that we will be presenting to the government later this spring.

Many of the messages we heard from constituents were clear, no matter which open house we attended throughout Alberta. People were asking for stiffer penalties. People were asking for action against gang violence. People were asking for action to be taken against the illegal gun trade. People were asking for programs to address mental health. So many of these crimes are just a revolving door. A criminal robs a farmyard, goes to jail, gets a minimal fine, and is back out there, sometimes in hours, sometimes within days, repeating the crime.

Not one single time did I hear from the hundreds of Albertans that what they were really looking for was not one but maybe two gun registries. They were certainly not looking for a reduction in sentences for serious crimes.

When we look at the action the Liberal government is taking, it is going in the exact opposite direction that every rural Canadian is asking for. Rural Canadians are asking for stiffer fines and penalties and jail time. Canadians are asking for resources for our police services. Canadians are asking for a focus and a priority on safe communities. They are not asking for the Liberal government to ram through three bills that go against every single message we are getting from rural Canadians.

Let us take a look at Bill C-75, reforms to the Criminal Code and the Youth Criminal Justice Act, which would take dozens of crimes that were federal crimes and reduce them to summary conviction offences that may receive sentences of two years less a day. These include possession of goods from crime, theft, terrorist acts, and kidnapping children under 14 years old. I do not know where the common sense comes from with such a bill.

Canadians are asking us for exactly the opposite. I have not heard from one single Canadian that we need to address rural crime by reducing sentences to solve the problem. The government is not just reducing it from 10 years but is reducing it so that they may get a fine and be back on the streets. That is exactly what we are trying to prevent. It does not make sense. It is certainly frustrating for Canadians in our rural communities to see that this is the direction the government is going.

One of the first jobs of any government, no matter what the level, is to protect its citizens. This does anything but. It sends a very poor message to Canadians across the country who are looking for their government to stand up and protect them. The Liberal government is doing the exact opposite. It is going out of its way to ensure that criminals are the ones who are the priority.

Let us take a look at Bill C-71, which is on the Firearms Act. It would do nothing to address gang violence. It would do nothing to address gun crime. It certainly would not do anything to address rural crime issues.

This is another attack on law-abiding firearms owners and establishes another back-door gun registry. I would argue that Bill C-47 is another back-door gun registry. When the Liberal government has multiple opportunities to address the real crime issue, and I am being specific about that, because that is something that hits very close to home in my constituency, the Liberals put up window dressing on taking a hard stance on violent crime and gun crime, but all they are doing is attacking law-abiding firearms owners, who are certainly not the problem.

I am going to tell another story of a man in my riding, Eddie Maurice, in Okotoks, who many members may have heard of, who is now charged with a crime. He was protecting his property and young daughter from burglars who were going through his yard, his acreage. I can guarantee that the burglars on his property had not gone to Canadian Tire to purchase their firearms and make sure they were registered.

These bills are attacking the wrong people, and that is what Conservatives are finding to be incredibly frustrating with these two bills that are being rammed through by the Liberal government.

What Canadians are looking for is a Liberal government that is going to support them. Bill C-47 would not reduce illegal weapons coming into Canada. It would not reduce rural crime, and as I said before, it would not reduce gun violence or gang violence.

I would like my Liberal colleagues, during the question and answer period, to explain to me how, with the suite of legislation they are trying to ram through by the end of this session, I can go home to my constituents and tell them with all sincerity that I feel we have taken steps to protect their homes, properties, and families. I do not believe these bills would do any of those things.

When Conservatives were in government, a similar bill was before us, but we did not follow through on signing the arms treaty, because we were concerned about the limitations and the impact it would have on law-abiding firearms owners.

I would also point out that the Liberal government had some difficulty meeting some of its promises in its first mandate, but the promise I heard, in the words of the parliamentary secretary, is that it would in no way put any government restrictions on law-abiding Canadian citizens. I would argue that these pieces of legislation would do just that. If the Liberal government were concerned about putting forward legislation that would not impact law-abiding citizens, the language in this bill should have provided a certain level of certainty and legal assurances for Canadians that this would exempt them from some of these registrations. However, it asks our law-abiding firearms owners to go through even more hoops rather than addressing what I think is the most serious issue, and that is crime, especially in rural communities.

In conclusion, I strongly believe that for any government, the safety of Canadians and our communities is paramount and should be among its top priorities. I would ask my Liberal colleagues on the other side in government to take a hard second look at what their priorities are. Instead of attacking law-abiding firearms owners, put your focus on ensuring that rural communities are safe. I will be voting against this piece of legislation, because it does not do that.

Business of the House

[Marc Garneau, Liberal, Minister of Transport]

Mr. Speaker, I would encourage the opposition House leader to speak to the government House leader on the questions that she has just raised.

In the meantime, this afternoon we will continue with report stage of Bill C-74, the Budget Implementation Act, 2018, No. 1.

Following this debate, we will turn to Bill C-47, the arms trade treaty, also at report stage.

Tomorrow morning, we will begin third reading of Bill C-57, an act to amend the Federal Sustainable Development Act. Monday and Wednesday shall be allotted days. Next week, priority will be given to the following bills: Bill-C-74, budget implementation act, 2018, No. 1; Bill C-69 on environmental assessments; Bill C-75 on modernizing the justice system; and Bill C-47 on the Arms Trade Treaty.

Bill C-74—Notice of time allocation motion

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Madam Speaker, it is indeed an honour to rise again and join the debate on Bill C-74.

Before I wrote my speech, I wanted to do a bit of research to remind myself exactly what the Prime Minister had promised regarding the use of omnibus bills. An interesting thing occurred.

When I googled the name of the Prime Minister and then used the word “promise”, the search screen auto-filled with a massive number of different promises from the Prime Minister. Guess what? They were all broken promises, every single one of them, because that is what the Prime Minister seems to do. He promises things he clearly has no intention of delivering on, and this is no different. Allow me to repeat this one. He said, “Stephen Harper has also used omnibus bills to prevent Parliament from properly reviewing and debating his proposals.” The Prime Minister promised his Liberal government would “bring an end to this undemocratic practice”, yet here we are. The Prime Minister is doing the complete opposite of what he promised he would do.

A constituent of mine recently suggested that the Prime Minister was basically a real-life Pinocchio. That comment troubles me. When we look Canadians sincerely in the eyes and we promise something that we have zero intention of delivering on, how do we let that go? How do we say “That's okay”?

Here is a case in point. Over in the finance committee, we were reviewing this omnibus bill as best we could. Lo and behold, what did we find buried in it? We found legislation that proposed to modify the Criminal Code so white-collar crime might more easily go unpunished. Seriously, why is that in there?

I have defended governments because of the complex state and wanting to do things. Sometimes they have to be able to change multiple pieces of legislation so an omnibus bill may be okay. For example, paying the remuneration for justices probably can be added in as a measure because I do not believe there would be time, respectful of the House, to table that. I have defended the previous government and I have given the current government a lot on that as well. However, here is the thing. The Liberal members of the finance committee had absolutely no idea this corporate crime get out of jail for free clause was in the budget implementation act.

I have a great amount of respect for my fellow members of the finance committee on the government side. We have a productive and good relationship. I am proud of that fact even though we found this questionable clause. At the same time, it concerns me greatly that the Liberal government is proposing serious changes like this. Not only do the Liberals try to hide it in a budget implementation bill, they do not even tell their own caucus about it.

Who is really calling the shots and running the government? Why would it keep its own caucus in the dark? To be fair, I am not going to say that the Liberals are soft on corporate crime or that the secret payoff is intended to help Liberal corporate insider friends, but others are saying these exact things. In the absence of information there is misinformation. When something is intentionally hidden from view, people will speculate there must be a reason it is hidden. These things undermine the integrity of our justice system when it comes to prosecuting white-collar corporate crime.

I will give the benefit of the doubt to the government here. I do not believe the intent of this proposed legislative change is to help out white-collar criminals. In fact, I am certain there are arguments to be made why some believe this measure is a good thing in helping crack down on white-collar crime. However, we will not be having that debate because this clause is not before the justice committee where it belongs. That, of course, is because someone in the Prime Minister's Office thought it was a good idea to bury this proposal in the budget implementation act instead of in a justice bill where it belongs.

Bill C-74 is a budget implementation act omnibus bill. Bill C-75 is a criminal justice reform omnibus bill of 300 pages. It makes no sense that the Liberals would put this provision in Bill C-74 unless they wanted to evade scrutiny. Not one single witness came to committee to talk about this. That is a failure, either of us as parliamentarians or because someone on the government side thought the Liberals could pull a fast one.

Before moving on, I would like to thank the members of the finance committee for the collective work we have done exposing this questionable piece of legislation. We do what we can, and we try to do a good job.

Another troubling aspect of the budget implementation bill is the fact that it does not place Canada on a path to a balanced budget by 2019. That is another broken promise by the Prime Minister, which begs the question why the Prime Minister made that promise in the first place. Is it because he believes that a balanced budget is a good thing, or because he believes that others think it is a good thing and he will basically say anything that would help him win votes? We do not know the answer to that question. However, it is not unlike the promise “While governments grant permits for resource development, only communities can grant permission.” We all know how that broken promise is turning out, which leads to my next question.

Out of the blue, the Prime Minister promised to borrow another $4.5 billion so he can politically control the timeline of the Kinder Morgan pipeline. Where exactly is this money coming from? It is a massive amount of money, yet it is not anywhere in the budget. Further assuming that the Prime Minister actually intends to build the Trans Mountain pipeline, it will surely cost another $7 billion or more. Combined, that is over $11 billion. That is more than the modest $10-billion deficit the Prime Minister promised.

Nowhere in this budget document is that out-of-the-blue spending referred to. This is all so that the Prime Minister can buy himself out of another broken promise, while at the same time breaking other promises. It gets complicated. With so many broken promises, one begins to lose track. This is not unlike his $7-billion slush fund, which the Parliamentary Budget Officer has said contains “incomplete information and weaker spending controls”. That is $7 billion of borrowed money, with zero information on how that money will be spent, and we are going into an election next year.

Meanwhile, the Liberal government is busy ramming through changes to the Elections Act that would limit what everyone else can spend pre-writ, except of course the Liberal government itself. How does anyone support that? Basically, we have a Prime Minister who has a well-documented history of being willing to promise anything to anyone to win votes, who will be armed with the equivalent of a $7-billion Visa card going into an election.

I have sympathy for the members opposite, because we all know that when anyone dares to vote against the Prime Minister on the Liberal side, there are serious consequences, despite those promises for free votes and sunny ways.

In closing, there is no possible way I can support the budget implementation bill. To be candid, I would have a hard time supporting it even if I sat on the government side of the House, because it breaks so many of the promises the Prime Minister made to Canadians, the same Prime Minister who, once upon a time, claimed he was worried about cynicism in Canadian politics.

I can think of no previous prime minister in the past few decades, since I started closely following federal politics, who has broken more promises to Canadians than the current Prime Minister. The most troubling part is that, more often than not, it is a “do as I say, not as I do” approach, much like this omnibus bill I will be voting against. It was bad when Stephen Harper did it as prime minister, but despite the fact that the current Prime Minister said he would bring an end to what he called an “undemocratic practice”, in reality he has taken it to a whole new level. From my perspective, that is not right. I look forward to hearing the comments from all members in this place.

Criminal Code

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

Mr. Speaker, I would like to table, in both official languages, a legislative background for 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.

Bill C-75—Time Allocation Motion

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

Mr. Speaker, I am incredibly proud to answer the member opposite's question.

With respect to listening to the provinces, and I will add the territories, of course we have listened to the provinces and territories. If the member opposite was familiar with the Government of Quebec, the minister of justice was involved in the discussions we had. The provinces and territories and I issued a press release about the bold reforms that are necessary in six fundamental areas.

We have acted on the fundamental areas that have been identified. Of course we are listening to the provinces and territories. We will continue to listen to the provinces and territories.

With respect to amendments, absolutely, I am always open to hearing amendments. I am always open to hearing how we can improve on a piece of legislation, not only from the parties in the opposition but from the actors and the witnesses that come before committee.

In terms of front-line workers, we had a round table on victims and those who advocate for victims. We had a round table that included judges, defence counsel, and prosecutors in every jurisdiction across the country, so we have done our necessary homework. We have the evidence to put forward on Bill C-75.

I would seek all members' abilities in having these debates and discussions, and where this bill can be improved, let us improve it. This is the opportunity we have to address the Supreme Court's—

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

Mr. Speaker, with Bill C-75, we have introduced a very comprehensive piece of legislation.

In my view and in the view of the government, the best way to deal with the criminal justice system is to ensure that we have done our homework, ensure that we work with officials not just within my department but across the country, ensure that we are working with the provinces and territories to bring forward and understand a shared responsibility on the administration of justice, and ensure that there is agreement around the bold reforms that are necessary.

We have had extensive consultations and discussions with the provinces and territories. We are taking heed of the report of the Senate committee on legal and constitutional affairs, which did a detailed study on justice delays, and we are taking heed of online surveys as well as round tables right across the country in every jurisdiction.

We are taking this incredibly seriously. We have the evidence to support the reforms that we are making. I would invite the members opposite to support alleviating the delays in the criminal justice system.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, we are here tonight debating Bill C-75, which has been crammed with a lot of different changes taking place from other legislation. It is now receiving less time in the House here before going to committee.

Could the minister explain to the House, or at least go on the record to say if she believes that her process and her government's process right now to fast-track this bill and limit debate and cram it together like this is going to lead to better legislation, or to potential problems later on?

In the minister's opinion, is this the best professional way to deal with the criminal justice system in Canada?

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

Mr. Speaker, every member in this House, I am certain, takes the issue of human trafficking extremely seriously. These are among the most vulnerable people in our society, and we need to protect them.

The reforms that we are making in the criminal justice system are broad-based. They ensure that we are protecting public safety, that we are showing compassion and respect for victims, and that people are held to account for their offences.

Contained within Bill C-75 is the bill that we had introduced to deal with human trafficking. However, because this is a difficult offence to prove, the bill proposes to provide additional tools to prosecutors and law enforcement in order to prove the offence of human trafficking. That is one measure.

In terms of assisting victims, we are doing many different things, including in the areas of domestic violence and sexual assault. We are bolstering the intimate partner violence provisions within this bill, among many other things. Recognizing that this is Victims and Survivors of Crime Week, we have engaged in a number of ways to assist with respect to victims and to ensure that we are showing our compassion and respect to them.

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, I am going to change the channel and look at some facts on victims. One thing that I have been studying as I have been writing my speech for Bill C-75 is about human trafficking and sexual exploitation.

We know that the average age is from 11 to 14. We know that this is a growing epidemic. We also know that there were a number of cases in 2012 and 2014, and we put in hard legislation, but these perpetrators, these pimps that allow this to happen to our children, are going to be provided a summary conviction. I am wondering why we are taking the side of criminals and not the side of victims who are like our children.

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

Mr. Speaker, I appreciate the opportunity to talk about the judicial appointments process, which we dramatically reformed. I have to say that I am incredibly proud of the 179 Superior Court judges that I have appointed. Last year, 100 appointments were made, which is more than any other minister of justice has made in more than two decades.

In terms of judicial appointments, of course this is something that I take seriously. I am going to continue to fill the necessary vacancies. This is one aspect that could potentially contribute toward the delays. However, 99% of criminal cases are heard in provincial courts. We are continuing to work with our provincial and territorial counterparts to ensure that we are moving forward with Bill C-75, which is an incredibly collaborative bill.

I am going to continue to address the appointments of judges, but the member opposite should know that this is only one aspect. There are more complicated issues that need to be addressed as well.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, a big part of Bill C-75—the stated purpose of it, anyway—is to try to address delay within the court system. However, we know from debate in the House and from reports in the media that an important cause of delay in the court system is that a lot of judicial vacancies have not been filled.

I am wondering if it is possible to move a time allocation motion on the period of time that the minister takes to appoint judges when there are vacancies, because if it is possible, I think she would find that there is support on the opposition benches for that time allocation motion. If it is possible, would she move it?

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

Mr. Speaker, the Minister of Justice, in response to the question posed by the hon. member for Niagara Falls, stated that she is committed to getting tough on impaired drivers. It was this Minister of Justice who opposed tougher sentences in Bill C-46 for the most serious of impaired driving offences, including impaired driving causing death, and it is now this minister who has introduced legislation in Bill C-75 that will make the offence of impaired driving causing bodily harm prosecutable by way of summary conviction. In other words, instead of facing up to 10 years behind bars, individuals who commit the offence of impaired driving causing bodily harm may be able to get away with a slap on the wrist and a mere fine. How is that taking impaired driving seriously?

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

Mr. Speaker, we are moving forward with Bill C-75. We want to get it to committee to have this discussion.

There have been conversations among the parties with respect to Bill C-75. From those discussions, members on this side have spoken to this bill, the New Democratic Party has exhausted its speakers, and members from the official opposition see fit to not speak to this bill at all, and in fact to cut off second reading debate.

We want to get this bill to committee so that the legal community and others can have further dialogue and debate, make suggestions, and put forward potential amendments to improve this legislation. This is an important piece of legislation, and we would like to get it to committee.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I have to say it is nearly unbelievable that we have had three time allocations in one day today.

In this debate period, we do not usually speak to the merits of the legislation. In Bill C-75 there is much that is important with respect to reforms. For instance, I am pleased to see it is getting rid of peremptory challenges to jurors. That was clearly a big issue in the Colten Boushie case.

However, we stand here today to ask the government why time allocation is being used time and time again. It is anti-democratic. There is no way around it. The minister can say that this bill is so important that it deserves full debate in committee—it deserves full debate in the House.

I ask the hon. minister if she can please explain why this bill is now an emergency that requires that we shorten the opportunities for those of us particularly in smaller parties to have a chance to debate this bill.

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

Mr. Speaker, members on this side of the House have had the opportunity to speak to Bill C-75. It is my understanding that the members from the New Democratic Party have had the opportunity to speak to this legislation. The members of the official opposition have refused to speak to the bill, and they want to cut off second reading debate.

The member opposite is correct in that we amalgamated a number of justice bills, which represent very important pieces of potential legislation around the victim fine surcharge, around human trafficking, and around phase one of the charter cleanup, which includes section 159. These are incredibly important pieces of legislation that would amend the Criminal Code. We have put them into Bill C-75, which speaks to efficiencies and effectiveness.

This is an important piece of legislation that deserves a debate in committee.