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

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

Madam Speaker, I was astounded this afternoon when the Minister of Justice said with respect to sentencing that the hybridization of offences was a matter of determining what a prosecutor determined was appropriate in the circumstances.

Could the hon. member for Mount Royal, who is a great chair of our justice committee, comment on when he thinks it is appropriate that offences such as kidnapping a minor, promoting genocide, or promoting and participating in a terrorist organization would result appropriately in a sentence of a mere fine or a maximum sentence of two years less a day, compared to the maximum sentence of 10 years currently provided for under the Criminal Code as an indictable offence?

[Anthony Housefather, Liberal, Mount Royal, QC]

Madam Speaker, the distinction here would be, theoretically, that if a prosecutor chooses to charge somebody under a summary offence as opposed to an indictable one, the maximum sentence that could be levied by a judge would be far less. First of all, we would need to look at the decision of the prosecutor in that case. We would have to hope that the prosecutor would make the right decision based on the circumstances. The judge would then also have to do the same.

One of the things we will need to look at in committee is whether there are any sentences currently on the list to be hybridized that would shock the conscience of Canadians were they to be hybridized and no longer have that longer potential penalty, and to remove the discretion of a prosecutor to suggest a lower sentence. As my hon. colleague knows, I would note that in either case a judge could choose to give no sentence at all, even under an indictable offence.

[Bardish Chagger, Liberal, Waterloo, ON]

Madam Speaker, I rise on a point of order.

In regard to the notice I provided earlier in this place, I would like to clarify that it was concerning the proceedings at the the report stage, and the second and third reading stages of Bill C-59, An Act respecting national security matters.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I certainly appreciate the clarification.

Resuming debate, the hon. member for Ottawa South.

[David McGuinty, Liberal, Ottawa South, ON]

Madam Speaker, I am pleased to stand this evening to speak to Bill C-75, which would amend the Criminal Code, the Youth Criminal Justice Act and other acts to address delays in the criminal justice system and increase criminal justice system efficiencies.

Delays in the criminal justice system significantly impact all of those involved. Under the Charter of Rights and Freedoms, accused persons have the right to be tried within a reasonable time. Should an accused not be tried in a reasonable time, it could result in a stay of proceedings in accordance with new timelines imposed by the Supreme Court in 2017 in its landmark Jordan decision.

Stays of proceedings due to delays undermine public confidence in the criminal justice system. These stays are unacceptable and as parliamentarians, we must step up to address this problem, which is why we have introduced Bill C-75.

The challenge of delays is particularly acute for indigenous persons and individuals from vulnerable populations, such as those suffering from mental health or addiction issues, who are overrepresented in the criminal justice system.

While the volume and severity of crime have decreased over the years, criminal court cases are becoming more complex and trials are taking longer to complete. Data from Statistics Canada shows that the median case completion time in adult courts has increased from 120 days in 2010-11 to 127 days in 2015-16, a full week.

Another important challenge is the number of individuals in provincial detention facilities awaiting trial, which currently exceeds the number of individuals found guilty of criminal offences in serving their sentence.

Statistics Canada recently reported that the remand population had exceeded the sentence population, with adults in remand accounting for 60% of the custodial, that is federal, provincial, and territorial, population in 2015-16.

Bill C-75 includes amendments that would streamline and modernize the bail process, while maintaining public confidence in the criminal justice system. This would reduce the high population in remand, while ensuring our communities would be kept safe.

The bill would expand bail conditions that police would be able to impose on an accused, which would enable their release at an earlier stage and would reduce time spent in custody before their trial. These conditions, however, would be guided by a principle of restraint for police and prosecutors. A principle of restraint means that release at the earliest opportunity will be favoured over detention and that only reasonable and necessary bail conditions are to be imposed on the accused.

As well, Canadian criminal courts process a high number of administration of justice offences, such as breach of bail conditions and failures to appear in court. This volume of cases is bringing increased pressure on the entire system. These less serious offences often involve minor matters that do not compromise public safety or cause economic harm, for example, breach of curfew, but catch the offenders within the criminal justice system if they are charged for their breach.

Statistics Canada again reported that in 2013-14, 39% of all cases in adult criminal courts included at least one administration of justice offence. That is almost 40%. For many offenders, being unnecessarily charged and convicted of administration of justice offences is a fast track to the revolving door of the criminal justice system. This is costly in both economic and human terms and it is avoidable.

With a view to decrease the number of these charges taking up so much court time, Bill C-75 proposes to increase police and prosecutorial discretion for administration of justice offences involving both adults and our youth. The bill would give police and prosecutors a new tool called a judicial referral hearing, which serves as an alternative to a formal criminal charge.

For example, after being stopped by police after curfew, the police could decide to charge the accused with breach of conditions, or decide not to charge and do no more, or could use the new tool and refer the accused to a judicial referral hearing. However, the judicial referral hearing would only be available if the breach had not caused harm to a victim, and would take into account circumstances of the accused.

At a judicial referral hearing, a judge or justice could decide, for example, to take no action and release the accused on the same conditions, or release the accused after varying bail conditions, or, yet again, order that the accused be detained in custody. It does provide additional flexibility.

This new process seeks to reduce the high number of administration of justice offences that are clogging our system, which represent 40% of cases, while maintaining public safety.

As I mentioned, the overrepresentation of indigenous persons and individuals from vulnerable populations, such as those suffering from mental health issues or addiction issues, is a serious issue in our criminal justice, and it has been for decades.

When I began my career as a young criminal lawyer, it became clear to me very quickly the extent to which mental health and addiction problems were the lion's share of the client base in the firm at which I was practising.

In 2015-16, Statistics Canada reported that indigenous adults represented 28% of admissions to federal custody and 27% of admissions to provincial or territorial custody, while representing only 4.1% of the Canadian adult population. That represents a proportion of about seven to eight times higher than their proportion in the general population.

The overrepresentation is even more pronounced among indigenous women and youth. Similarly overrepresented are individuals suffering from mental health issues or substance abuse problems. Again, Statistics Canada reported that in 2012, of the 2.8 million Canadians aged 15 and older that reported at least one mental or substance use disorder, such as depression, anxiety, alcohol or drug abuse, or drug or alcohol dependence, one in three, which is 34%, reported coming into contact with police for at least one reason in the 12 months preceding the survey. That is an extraordinarily high number. Those Canadians who reported a mental or substance use disorder were about four times more likely than those without a disorder to report being arrested by the police.

Currently, in the bail process, the conditions imposed on the accused should be the least onerous and only what is necessary and reasonable. The principle of restraint in Bill C-75 would limit the circumstances in which conditions prohibiting the consumption of drugs or alcohol would be imposed.

This is an important measure because it will help alleviate the disproportionate impact of the criminal justice system on those living with addiction. Police or courts will impose a condition only if the condition is reasonable, considering the offence that they are alleged to have committed, if the condition is necessary to ensure the safety and security of any victim, and if the officer feels they will be able to comply with this condition.

In short, there are many other reforms in Bill C-75 that would help transform our criminal justice system. It is important for hon. members here tonight to consider the bill as a whole and not to view any component in isolation, and to remember that these questions can and must be taken to the Standing Committee on Justice to review, poke, prod, and explore probatively so as to improve the bill. These changes would ensure that the rights of both victim and accused would be protected, while maintaining public safety as a paramount principle.

Overall the bill aims to establish a criminal justice system that will best serve the Canadian public. I urge all members on all sides of the House to support the proposed legislation.

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

Madam Speaker, I wonder if there is any sign from the government that the bill will receive due consideration and will not be rushed through committee. I heard the hon. member for Mount Royal say a moment ago that there was an invitation to encourage people to be witnesses.

Recently, and particularly on the omnibus bill, Bill C-69, we went through rushed hearings during which we could not hear from many witnesses and we could not debate all the amendments during clause-by-clause consideration.

I will not go through the many examples of that, but could the member assure the House that the bill will be thoroughly studied? We are at second reading. I think we can all agree that it does some good things, but it needs a lot of work. Is that possible at this point? I thank the member for any light he can shine on that process question.

[David McGuinty, Liberal, Ottawa South, ON]

Madam Speaker, as we all know in the House, committees are masters of their own destiny. It really is a question for the membership of the justice committee as a whole to decide pace, to decide extent of consultation, and to come together in a subcommittee to approve witness lists.

I have every confidence that under the guidance of our colleague, the chair of the justice committee, this will be given a very close examination. It is part and parcel of the Minister of Justice's mandate to ensure these kinds of reforms are very thoughtful and they take into consideration all of the relevant arguments.

[Marco Mendicino, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I know the member for Ottawa South's contributions on this very important legislation are informed by his experience as a lawyer who worked in the criminal justice system for a number of years. Could he elaborate on the importance of addressing mental health issues throughout the criminal justice process? I know he spoke about this, but could he take a few moments to expand on the need for the courts and all role players within the justice system to quickly identify mental health as a factor to prevent ongoing recidivism and reoffence in the conveyor belt of unnecessary systemic over-incarceration when we could rehabilitate those individuals so they could be positive contributing members to society?

[David McGuinty, Liberal, Ottawa South, ON]

Madam Speaker, it has been known now for perhaps a decade or more that for every dollar we spend on criminal prevention in getting to what they call now the new squeeze age of 10 to 12-years-old with homework clubs, with sports activities, dealing with mental health challenges, addictions, and substance abuse, we save $40 at the back end in the administration of justice costs, incarceration, parole, and beyond.

The question of mental health arriving in the criminal justice system has arrived with a vengeance. We know this is a fundamental part of the challenge we have now moving forward. Therefore, we need to make room to deal with the reality of mental health challenges. We need to work with our police forces.

Most police officers I meet and deal with on the front line, who are community police officers, will tell me they spend now 60% to 70% of their time effectively working as psychologists and as social workers. They are asking for more training and more capacity to deal with mental health challenges.

This has arrived. I know the member has been working on this. It permeates Bill C-75. I know it is part and parcel of the Minister of Justice's understanding of the justice system in its entirely, even when it applies, for example, to the employment of justices. She understands the importance of ensuring those judges understand the role of mental health in the whole system.

We are making progress. Collectively, the House can make some great advances at committee to get better legislation and a justice system that reflects the reality of those challenges.

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

Madam Speaker, I will be sharing my time with the member for Calgary Shepard.

Bill C-75 is an enormous 302-page omnibus bill that includes major reforms to our criminal justice system. This is the second large bill that has been proposed by the Liberals. Under the proposed changes, many serious offences may be prosecuted by summary conviction and thus will result in lighter sentences.

I would like to spend much of my time talking about human trafficking and what it looks like in Canada.

First, I would like to talk a little about the government's record. The human trafficking offences are being changed a bit by this bill. I have addressed this issue many times in this place already. Modern-day slavery and human trafficking are a horrific form of injustice. They are extremely profitable. They are growing in Canada and around the world, and are probably taking place within 10 blocks of where we live.

We know the vast majority of human victims in Canada are female and young. While those most at risk include indigenous women and youth, teenage runaways, and children who are in protection, we know anyone can become a victim of human trafficking.

Sadly, the government has been in power for 30 months, and never has a government done anything so little to fight human trafficking in so much time. Every time I have asked the government what it is doing, its only response is that it is reviewing the Criminal Code. We know that fighting complex and clandestine crimes, like human trafficking and modern-day slavery, require more than just changes to the Criminal Code. They require vigorous development and application of policy.

Since coming to power, the Liberals have done little to fight against human trafficking, and they have allowed the fight to languish. The Liberals allowed the national action plan to combat human trafficking to expire and they made no effort to replace it. It is not that they did not have the time or were not prepared, they could have announced an extension or launched a new one. However, they let it lapse, becoming one of the few developed countries that no longer has a comprehensive plan to eliminate human trafficking.

The Liberals ended federal funding to NGOs that provided support and options for victims of human trafficking. They blocked important tools that were adopted in the House over five years ago. Then the Liberals introduced legislation in Bill C-38 to lighten sentences for sex traffickers. The contents of Bill C-38 are now in Bill C-75.

It was not until budget 2018 that the Liberals finally addressed human trafficking and committed to funding the national hotline and a referral mechanism. While I applaud this, and it is important, it is long overdue.

I also want to recognize the fact that the announcement came after the Canadian Centre To End Human Trafficking, which is a great Canadian NGO, partnered with an American NGO, the Polaris project, to launch the official Canadian hotline. After it was public that Canada's national hotline was supported and funded by the United States, the government stepped in to offer support to it.

In 2011, the Conservative government became the first and only party to include a campaign promise in its platform to end human trafficking. Specifically, the Conservative Party committed to developing and launching the Canadian national action plan to combat human trafficking.

On June 6, 2012, only 13 months after the election, the Conservative Party launched its four-year national action plan to combat human trafficking. The primary goals of the national action plan were focused around the four Ps, prevention, prosecution, protection and partnerships, and included launching Canada's first integrated law enforcement team dedicated to combatting human trafficking; increasing front-line training to identify and respond to human trafficking and enhance prevention in vulnerable communities; providing more support for victims of this crime, both Canadians and newcomers; and strengthening coordination with domestic and international partners that contributed to Canada's efforts to combat human trafficking.

It is also worth noting that the Conservative Party was the only party in 2015 committed to fighting human trafficking, with its promise to establish new RCMP human trafficking teams in Toronto, Vancouver, Calgary and Winnipeg, at an annual cost of $8 million for five years, and to renew the national plan to combat human trafficking for five years at a cost of $20 million.

Here we are today. It has been two years since the national action plan has expired under the current government and, interestingly, in December, the government's own Department of Public Safety quietly released a report called “The 2016-17 Horizontal Evaluation of the National Action Plan to Combat Human Trafficking”. I want to share with the House what the report said. It stated:

There is a continuing need to have a National Action Plan to Combat Human Trafficking in order to consolidate federal initiatives, for federal organizations to partner together, and to strengthen accountability:

Prior to the National Action Plan to Combat Human Trafficking, each federal organization conducted its own anti-human trafficking initiatives. The National Action Plan to Combat Human Trafficking consolidated federal initiatives to combat human trafficking under one plan;

The National Action Plan to Combat Human Trafficking is required to meet Canada’s ongoing international commitments to combat human trafficking:

That means without one, we are not even fighting human trafficking at the same level as other countries. It further states, “There are opportunities for the National Action Plan to Combat Human Trafficking to evolve.” The department was preparing to help the government develop and advance further action items to combat human trafficking.

Human trafficking is an extremely profitable crime that preys on young and vulnerable Canadians, especially in indigenous communities. Police officers and NGOs across Canada work incredibly hard to end human trafficking and help victims, but their resources are strained. Many hours go into this, and a lot of their own time. They are asking for federal support and leadership. As I mentioned earlier, the Conservative government committed $25 million over four years to build on and strengthen Canada's significant work to date to prevent, detect, and prosecute human traffickers. The Liberal government allowed that plan to expire in 2016 and, with it, critical funding for victims of human trafficking and law enforcement. Many organizations appeared at the justice committee's study on human trafficking and urged the government to renew its national action plan.

When the Minister of Justice introduced Bill C-38 in February, she misled Canadians and the House by claiming that it had tools for police and prosecutors to combat human trafficking. Bill C-38 was only one paragraph and it is now included within Bill C-75. Let me be clear that the changes proposed by the minister, first in Bill C-38 and now in Bill C-75, have no provisions whatsoever to give police and prosecutors new tools to investigate human trafficking. However, the tools that Liberals pretend are in Bill C-38 and Bill C-75 were, in fact, unanimously adopted by the House over five years ago in an NDP private member's bill, Bill C-452.

Bill C-452 was supported by a Conservative government and voted for by the current Prime Minister. It was Bill C-452 that contained provisions to provide tools to police and prosecutors. It created a presumption with respect to the exploitation of one person by another, added the offence of trafficking in persons to the list of offences to which the reverse onus forfeiture of proceeds of crime provisions applied, and it corrected a technical discrepancy and included a provision that human trafficking sentences be served consecutively.

Bill C-452 received royal assent in June 2015 and when the Liberal government came to power, it blocked that bill from coming into force. Why? It is because the Liberals do not like the idea that sex traffickers might face consecutive sentences. They feel it is too harsh to expect that a child trafficker could serve a long sentence for exploiting a minor in sex slavery. The only thing the proposed amendments would do in Bill C-75 is prevent sex traffickers from receiving consecutive sentences. That is it. It does nothing more. This certainly does not help the police.

Eighty per cent of the victims of human trafficking never come forward out of fear. All of the human trafficking investigators who testified on Bill C-452 welcomed the consecutive sentences and highlighted that long sentences gave victims the confidence to come forward and testify. They also pointed out that without consecutive sentences, a pimp who trafficks one minor would receive the same sentence as a pimp who trafficks five or 10 minors. Consecutive sentences allow for punishments that better reflect the gravity of the offence.

When will the government stop misleading the public about its intentions with this bill, when will it stop blocking important tools for the police, and when will the Liberals stand up for victims of sex trafficking rather than blocking tough sentences for those who enslave them?

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, I would like to hear from the member on this particular piece of proposed legislation. It is a combination of three other justice bills, namely Bill C-28, the victims surcharge bill; Bill C-38, the exploitation and trafficking in persons bill, which I know the member has a great interest in, as he has formed a bipartisan group of legislators in the House to study the issue much more deeply; and Bill C-39, the unconstitutional provisions bill.

I would like the member speak on the fact that the bill is a few hundred pages of what would otherwise be considered an omnibus justice bill, as it combines different parts of the justice system into one bill.

Does the bill speak to the failure of the Liberals to push forward reforms in our justice system in a meaningful way and in a reasonable time line?

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

Madam Speaker, I thank my hon. colleague for the great question, and the member for Kildonan—St. Paul for listening so intently to my speech. I know that she very much loves it when I speak in the House of Commons, and I appreciate her audience here this evening as well.

To the point about the particular bill before us, it is 302 pages long. It would reduce sentences for over 27 different heinous crimes. When I look at the bill, I see kind of a mad scramble to do something. As I said in my speech, within 13 months of the Conservative government's coming into power, we had passed the national action plan to end human trafficking. It was something that was a priority and therefore we did it.

The bill before us would do nothing more to reduce the backlogs in the justice system than just reduce sentencing, which I do not see as going to speed up anything whatsoever.

[Colin Fraser, Liberal, West Nova, NS]

Madam Speaker, the member just stated something that I do not believe is accurate, and I just want to get his comment on it.

The bill deals with many things that actually would increase efficiencies in the justice system. One very important one is dealing with the administration of justice offences, which clog up a great deal of time in our courts and do not focus the resources of the court on dealing with the actual serious offence, the subject that brought an offender to court.

I wonder if my friend would at least agree that the administration of justice provisions in this bill would help increase efficiencies, and that it has nothing to do with the sentencing he was just talking about.

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

Madam Speaker, when I look at the bill, I definitely see a significant list of offences for which sentencing is being significantly reduced. For example, prison breach, punishment for infanticide, concealing the body of a child, abduction of a person under the age of 16, abduction of a person under the age of 14, forced marriage, extortion by libel, advocating genocide, participating in the activities of a criminal organization, and advertising and dealing in counterfeit money. These are just a few of the things that I have on my list that the bill deals with. I have a list of over 27 things the bill would significantly reduce sentencing for.

If the member thinks that the bill would not reduce these things, we could have put the things he is concerned about in a separate bill. However, when I look at the bill, it looks like a hug-a-thug bill.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, I am pleased to be joining this debate at this late hour on behalf of my constituents of Calgary Shepard, and I want to thank the member for Peace River—Westlock for the intervention he made and for his exposition on the problem of human trafficking in Canada. It is usually a crime and an activity that we think about in the context of international human trafficking.

I know that oftentimes when looking at the International Justice Mission and other not-for-profit organizations that are trying to fight against international human trafficking, it is easy to forget that it happens right here in Canada as well, and it is a problem in our communities. I know that there was a former member of this House, Joy Smith, who did quite a bit of work on the subject. She will be putting out a book on it very soon.

It is a problem here, and we should think of it in the domestic context. Whenever we make changes to the criminal justice system, we should be ensuring that issues like human trafficking are not reduced and that we do not send a signal to individuals in our communities that they will possibly face a lighter sentence at the end of the day for this type of activity if they are convicted of it.

I asked a previous question about Bill C-75. I listened attentively to many interventions and speeches in the House, and I listened to the member for Mount Royal when he went through a list of potential issues that the justice committee could look at, if and when this particular piece of legislation is sent there. I thought he did a very good job of presenting some of the issues that different members of the House had brought forward.

I listened attentively to the member for Eglinton—Lawrence as well when he gave the government's position and presented what the government believes is the upside of the bill. Obviously his role here is to present the best possible case on this particular piece of legislation, and not to present the potential defects or downsides of the bill. That is all right, because that is really the job of opposition members and those individuals who have differences with the content of the bill.

It has been said that some of the portions of the bill are specific to how offences will be treated in the lower courts. What I am talking about is how some offences will be hybridized and how most hybridized indictable offences will be punishable by a maximum penalty of 10 years or less. It will increase the default maximum penalty for two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months. Several members of the opposition, members of the Conservative Party, have discussed how this hybridization, this transferring to offences that would carry a lower sentence that a person could face if convicted, is the wrong way to go.

I believe deeply that the list of offences, 27 of them, that could be reduced in terms of the maximum time a person could face in jail is the wrong way to go. I have a few of them that I am going to mention. I will not read the whole list. They include obstructing or violence to or arrest of officiating clergyman; concealing the body of a child; infanticide; impaired driving offences causing bodily harm, including impaired driving causing bodily harm; blood alcohol over legal limit—bodily harm; failure or refusal to provide sample—bodily harm; and abduction of a person under the age of 16 and 14.

The list goes on, but this gives a feel for the types of offences that are being modified or are proposed to be modified in this piece of legislation by the government.

Thus, I have a difference of opinion. I think the House should be setting a pretty high bar on what prosecutors and judges can consider in punishing those individuals that they convict of the offence. I do not think two years less a day or two years and under is the right way to go.

We have heard from others, and I address these issues as a layperson. Of course, as I said, I am not a lawyer. I say this often at committees. I am neither a lawyer nor an accountant. I am not bothered by considerations of 20 years. I just look at it as most Canadians would look at it. If individuals are alleged to have committed a certain crime, what is it that they are going to be facing? I look at it as an outsider looking in on the judicial system.

When I look at an offence like concealing the body of a child, I think that is quite serious. I think a person convicted of such an offence should face many, many years in jail as a deterrent, as a form of punishment, and also as an opportunity, I think, for rehabilitation in jail. I have said it before in this House, and I said again just a few days ago that I believe our prison system should be focused more on rehabilitation. There is a patchwork of success in the United States. Every single state there has a different system when it comes to rehabilitating their prisoners, and that is the case in the European model as well. I do not know if we have struck the right balance in Canada, but it is something that absolutely is worth looking at.

It has been said in the House that prosecutors and judges will be able to decide what type of offence they will go after, whether they will go for an indictable offence or a summary conviction in these types of cases.

I believe the House should indicate what the minimum sentence should be for these types of offences, and I do not mean the minimum sentence on these cases. I simply mean the up to 10 years in jail should be the upper bar. It would be our direction to prosecutors and judges on the seriousness of the offence being considered by them instead of this hybrid model.

This legislation is over 300 pages long. I just want to go back to that for a moment as well. Those of us who are not practised in law, who do not have a deep background of many years of service on justice committee, will obviously struggle to consider the finer points of what will happen.

We set the Criminal Code. We in the House determine the contents of the Criminal Code, but provincial governments operate the provincial courts. They appoint a lot of judges themselves. They operate the court houses. They have quite a large role to play in that administration.

Police officers enforce the law, but they do not run the judicial system in the courts. Those two are separate. One sets policy and one is the administrative arm of the activity.

Our provincial governments are stressed. They are stressed with respect to the public treasury. They have a difficult time financing public services, but they also have a difficult time finding new judges. The federal government has struggled with this as well.

There have been federal judiciary vacancies. Forgive me for using an older statistic, but as of April 1, there were 59 vacancies. Appointing more federal judges, appointing more provincial judges, and ensuring courthouse space is available will allow for faster prosecution of criminals and alleged criminals. Those who will be proven innocent will be let go.

As right as that is, we need to ensure people have appropriate access to our judicial system. It is not just about judges, it is not just about having the right laws; it is also important to have the necessary court space for cases to be heard.

I mentioned yesterday in the House that Calgary had a gang problem, not just the FOB gang but many others. The FOB gang leader was let go just a few weeks ago, partly because of the Jordan decision, partly because he could not get his hearing on time, and partly because he could not appear before a judge. Delays were built in by his lawyer, who did his job in defending his client, but he could not get his client in front of a judge to be prosecuted for his alleged crimes. He was out on bail as well, and this is another issue.

We have a revolving door for career criminals. This is a serious issue in our communities. These people commit new crimes, especially organized crime.

One charge that will be modified under the proposed legislation is participation in a criminal organization. I have serious problems with this. We should be doing more to ensure career criminals are put away. Part of that involves ensuring they face up to 10 years in jail. It is the multiplicity, the series of criminal acts, that sends them back to jail.

The arresting officer in the case of the FOB gang leader arrested him on a lower charge. There were litany of other offences for which he was going to be charged. The issue was finding him, stopping him, and arresting him so he could face justice. That is the problem.

I do not see the right focus in Bill C-75 at this time. I just do not see us going after the right things. The government claims that this legislation would give us better access to the judicial system, that it would improve things, that it would speed things up.

I love Yiddish proverbs. I always use them in the House. Here is another one “Better an honest slap in the face than an insincere kiss.” It is an older Yiddish proverb but it is quite a good one. I would rather the Government of Canada just come clean. I know it is an unusual Yiddish proverb, but the government should just come clean. If the goal of the legislation is to give lighter offences for certain types of criminals, then the government should just say so, and do so. If the goal of the legislation is to download to the provincial courts, then it should just say so, and do so.