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.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

That's a fantastic question.

We are working with indigenous leadership across Canada to explore those possibilities. It is in my mandate letter. It's also very consistent with what we're doing with UNDRIP. I'm working with indigenous leadership to develop an indigenous justice strategy.

There are a number of examples of those kinds of projects that have the potential to work very well. The new courthouse in Ontario has sentencing circle rooms and restorative justice rooms that were specifically designed in collaboration with indigenous leadership in Ontario. Anything we can do, particularly on offences that don't involve the more serious crimes on the spectrum of the Criminal Code, helps us get to better results for both the victims and the accused, and takes some of the pressure off the criminal justice system. All of that is very good.

Bill C-75 is meant to help that, too. Bill C-75 didn't make it easier to get bail for serious crimes. In fact, it made it harder for crimes of intimate partner violence. It meant to take administration of justice offences out—minor violations of bail, like missing a bail hearing and that sort of thing—so that a person wasn't incarcerated for those sorts of things.

However, as you mentioned, it's hard to get bail in Canada; 70% of people in federal institutions are there on remand because they didn't get bail.

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

Thank you for that.

I do recognize the provincial-federal split of responsibilities.

Bill C-75, as we've heard from witnesses, has not helped our overincarceration of indigenous people. I'm wondering what you think about that.

There was some talk about advancing the priorities of indigenous communities to reclaim jurisdiction over the administration of justice. At the public safety committee last year, we heard from a lot of witnesses about the benefits and the challenges of indigenous policing.

I wonder what your comments might be about indigenous courts, for example, at least to deal with some of the clogging in our bail system.

[Rob Moore, Conservative, Fundy Royal, NB]

Minister, I'm sorry, but we have had witnesses come to this committee who said that Bill C-75 had a profound impact—

[Rob Moore, Conservative, Fundy Royal, NB]

So Bill C-75 didn't do anything.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

All we did in Bill C-75 was incorporate the principle of restraint in the law formally. It was already in the law informally.

Now, of course, statistics about crime increases concern me—

[Rob Moore, Conservative, Fundy Royal, NB]

You were saying that something was factually incorrect.

You brought in Bill C-75, and now you're saying it didn't do anything.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Thank you, Mr. Moore, for your question.

Let me first correct the record, because there were a number of factual errors that you made in the set-up of your question.

We didn't institute the principle of restraint in Bill C-75. We took it from the Supreme Court of Canada, which announced it in the Antic case before that. There's a long history of the principle of restraint in Canadian law. Bail is a charter-protected right, and we have the presumption of innocence, which is part of the long-standing common law tradition of criminal law that we have in Canada, which we inherited from the British legal tradition, so—

[Rob Moore, Conservative, Fundy Royal, NB]

Yes. Thanks, Mr. Chair.

Thank you, Minister, for sharing your time here today with us at the justice committee.

Minister, you mentioned Bill C-5, which eliminated mandatory jail time for what I would categorize as serious firearms offences, including serious offences around the trafficking, importation and production of schedule I and schedule II drugs.

I'll also mention Bill C-75, which was brought in by your government and which instituted the principle of restraint, meaning that individuals facing pretrial custody are given the least onerous provisions possible. That has been interpreted very broadly, and now we see what I would categorize as a revolving door to our justice system and an increase in the number of recidivists who are being caught by police and committing subsequent crimes even while out on release.

Just last week, I was reading that the Winnipeg Police Service has announced that the city is experiencing the highest level of violent crime in over a decade. They have reported that violent crime was up 25% last year compared to 2021, and another 17% over the five-year average—all types of crime, particularly violent crime. There's a significant uptick in Winnipeg.

I would look at that as a signal that we're doing some things wrong, and that we have to address violent repeat offenders and we have to address recidivism. I put it to you: How do you take these stats coming out of Winnipeg, and are you concerned? We know that we've had a 32% increase in violent crime over the last eight years. Do you feel that when Juristat and StatsCan publish their findings later this year we're going to see an uptick across the country in violent crime, as is being seen in Winnipeg?

Criminal Code

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Madam Speaker, I would like to begin by recognizing the hard work done by the member for Charlesbourg—Haute-Saint-Charles on this bill and on the issue of public safety.

Our justice system is broken. The catch-and-release policies that the Liberal Party introduced in Bill C-75 and Bill C-5 have led to a 32% spike in violent crime across the country.

As the Conservative Party's shadow minister for public safety, I meet with public safety workers from all across the country. What am I hearing from police officers? They tell me we need to increase funding. However, what they really need is to stop arresting the same repeat offenders and violent offenders every weekend. Sometimes the police are on a first-name basis with these individuals because they have arrested them so many times. Sometimes they arrest them again the very next day. These repeat offenders get back out on the streets and go right back to terrorizing innocent Canadians by committing violent crimes.

We are seeing this in Vancouver. Last year, 40 individuals were responsible for 6,000 violent crimes. It is easy to imagine how much better police officers could do if those 40 individuals could be kept behind bars. How many networks of drug traffickers, gun smugglers, human traffickers and other complex criminal networks could be dismantled if police were not forced to deal with the 40 people responsible for 6,000 incidents who are spreading fear among Vancouverites?

It is the same thing in all the towns that I have heard about. Police officers are exhausted and are suffering serious PTSD because they are overworked. No amount of money can solve this problem. The only solution is a government that focuses on fighting crime, on jail, not bail, for violent repeat offenders, and on improving the parole system to keep dangerous criminals behind bars.

Measures like those would definitely help the police fight violent crime and would really bolster the fight against gun violence. That is what the Toronto Police Service and the premiers of every province and territory are saying. They all agree. They have written to the Prime Minister many times calling for bail reform. These kinds of measures would really have an impact on reducing gun violence.

Instead, the Liberal government is spending an estimated $6 billion on its so-called firearms buyback program, which is really a confiscation program. That is where the Liberals are sending resources. That is their priority. A Conservative government led by the member for Carleton would get Canadians results, clean up our streets and reduce gun violence. That is our commitment to Canadians.

We need a complete overhaul of the Liberal system, which has caused violent crime to skyrocket across the country and has led to innocent Canadians being killed by repeat violent offenders. The member for Charlesbourg—Haute-Saint-Charles introduced Bill C-325 a few weeks ago. This bill would fix the major flaws in Bill C-5, which allows repeat violent offenders to serve their sentences at home, and would keep Canadians safe in their communities.

The bill makes three important changes to our justice system. The first has to do with parole. Some inmates are charged with serious and violent crimes, including drug trafficking or worse, yet they are granted parole and face no consequences if they breach their release conditions. The police may catch an offender breaching their conditions, but all they can do is submit a report to the parole officer. This bill amends the law to introduce consequences for non-compliance with release conditions.

As far as parole officers are concerned, the bill requires them to notify the authorities when one of their parolees breaches their conditions. If that happens, the parole officer must inform the police so that an arrest can be made. These are violent offenders. This seems like a common-sense policy to us. However, the reality is that it is not currently mandatory to report repeat violent offenders who breach their conditions.

Finally, this bill fixes the “Netflix sentences” created by Bill C‑5. The third component of the bill seeks to correct the problem created by Bill C‑5, that of allowing violent criminals to serve their sentences in the community by sitting at home watching Netflix. Bill C-325 would strengthen the parole system by creating a new offence for breaching conditions. It would require parole officers to report breaches of conditions and would reinstate the old version of section 742.1 of the Criminal Code, which was repealed by the Liberals' Bill C-5.

That bill made it possible for criminals convicted of aggravated sexual assault to serve their sentence in the community. That is very serious. I hope that this monumental error will be fixed and that the Bloc Québécois and NDP members will support Bill C‑325. Those violent criminals should not get to serve their sentences at home while watching Netflix. They should be behind bars. I remind members that because of Bill C‑5, a 42-year-old man managed to avoid prison after committing a violent sexual assault.

Even a Quebec Crown prosecutor criticized the government for Bill C‑5. He said that, right now, the Prime Minister and the Minister of Justice probably owe victims of sexual assault an explanation, and that he could not remain silent about this regressive situation.

It is clear that we cannot trust the Liberals to protect women and children from violent repeat offenders. With the support of the Bloc Québécois and the NDP, the Liberals are putting Canadians at increasing risk of becoming victims of violent crimes.

Only a Conservative government led by the member for Carleton will make legislative changes to improve public safety with bills such as Bill C‑325, proposed by the member for Charlesbourg—Haute-Saint-Charles.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Madam Speaker, as my colleague could see from the description I gave of the support that Bill C‑325 has received, it is pretty unanimous.

However, there is a distinction to be made. I think we often confuse things when we talk about bail. I know that the government is in the process of making changes to the law with Bill C‑75. For my part, I am adapting what was problematic with Bill C‑5. I am also introducing something new that does not exist anywhere else in the Criminal Code, namely making it an offence to fail to comply with release conditions. That is parole, which is different from bail. Bill C‑325 is not at all similar to what the government is currently proposing.

Justice

[Dan Muys, Conservative, Flamborough—Glanbrook, ON]

Mr. Speaker, after eight years of these Liberals, violent crime is up 32%. Recently, in Toronto, a 75-year-old woman was approached from behind and stabbed in the neck.

This Liberal bail legislation fails on bail reform. Under the proposed bill, the accused killer of OPP Constable Greg Pierzchala and countless other repeat violent offenders would still have been released on bail.

Will the government stop the catch-and-release agenda, stop making our streets more dangerous and undo its irresponsible changes in Bill C-75?

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, Bill C-75 codified a number of Supreme Court of Canada decisions and did not fundamentally change the law of bail in Canada.

However, listening to provincial premiers, provincial ministers of justice and public safety, and police officers, we have proposed amendments to the bail regime to answer their concerns.

Here is the Canadian Association of Chiefs of Police: “We commend the government for acting on the urgency for legislative change and for recognizing that our...amendments were not calling for a complete overhaul of Canada's bail system”.

We are listening and we are getting results.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I spent most of my adult life working in the criminal justice system and I can say, unequivocally, that I have never seen bail in such a precarious state. After eight years of the Liberal government, violent crime is up 32%.

The wheels really started to fall off with the passing of Bill C-75 and now the Liberals have tabled amendments to bail that, in my reading, would not have applied to Constable Pierzchala's alleged killer.

When will the Liberal government undo the harmful effects of Bill C-75, to end catch-and-release and keep Canadians safe?

Sitting Resumed

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

Madam Speaker, I will be splitting my time with the hon. member for Banff—Airdrie.

I rise in strong opposition to Bill C-21, the latest ideological, evidence-free attack by the Liberals on law-abiding firearms owners.

Canada is facing a crime wave after eight years of this disastrous Liberal government. Violent crime is up 32%. Gang-related homicides have nearly doubled, up a staggering 94%. An unprecedented 10 police officers since September have been murdered in the line of duty. Random violent attacks on public transit and on the streets are now commonplace in cities right across Canada. More and more Canadians are feeling less safe in their communities, and that is because more communities that once were safe are no longer safe or are less safe now than when the Liberals took office.

By contrast to the staggering 32% increase in violent crime under the Liberals, under Prime Minister Harper's Conservatives, violent crime went down 33%. In fact, the Liberals have managed to do something that no government has done, which is to reverse a 30-year trend in which Canada, until the Liberals came to power, saw a downward spiral in crime. Now it is up 32%.

I say that because this violent crime wave did not happen in a vacuum, it did not happen by accident and it did not even happen as a result of inaction on the part of the Liberals. It happened as a result of very deliberate and very specific policies regarding Canada's criminal justice system embraced by the Liberals.

The Prime Minister has embraced, full stop, a series of virtue-signalling, woke criminal justice policies. These are policies that the Prime Minister has imported from the United States. They are disastrous policies that have been implemented south of the border by radical, left-wing, big-city mayors and district attorneys. They are policies that have resulted in large swaths of once great American cities, such as Chicago, San Francisco, Seattle and Portland, Oregon, turning into crime no-go zones. It is these American-style policies that the Prime Minister is importing to Canada.

Let us look at the disastrous record of the Prime Minister. The Prime Minister, in 2018, was responsible for passing Bill C-75, which established catch-and-release bail. Thanks to the Prime Minister, a judge is now required to make it the primary consideration that an accused be released at the earliest opportunity with the least onerous conditions possible. This has resulted in a revolving door. It has meant that, in many instances, criminals are released back onto the streets and are out committing crimes the very same day they were arrested for the crimes they committed. That is catch-and-release Liberal bail.

Let us look at some of the statistics as a consequence.

In the city of Vancouver, 40 hard-core criminals are responsible for 6,000 arrests a year. That is 150 arrests per offender. Liberal catch-and-release bail has meant that a small number of hard-core criminals are overwhelmingly and disproportionately responsible for a significant number of criminal incidents.

In Edmonton, a community I am proud to represent in this place, a young mother, Carolann Robillard, and her 11-year-old daughter, Sara, are now dead thanks to Liberal catch-and-release bail. Carolann and Sara were brutally murdered, stabbed to death at a park, of all places, at an elementary school.

They were brutally stabbed to death by who? It was a total stranger who happen to be a hard-core violent criminal, who, thanks to Liberal catch-and-release, had been released on bail just 18 days prior. Who was this violent offender who stabbed to death an 11-year-old girl and her young mother outside an elementary school? He was someone who had a 14-year rap sheet of committing violent attacks.

He had been convicted multiple times of serious offences such as aggravated assault, assault with a weapon, multiple robberies and assaulting a correctional officer. Last year, he attacked a 12-year-old girl on an LRT in Edmonton. That is who was released thanks to Liberal catch-and-release bail. He never should have been released. He should have been kept behind bars. He never should have been on bail. It is outrageous that he was.

It is outrageous that the folks across the way can so sanctimoniously defend a series of policies that are indefensible. They are putting lives at risk and endangering public safety. How dare they.

It is not just catch and release. This is a government that, last year, passed Bill C-5, the fourth piece of legislation the government introduced in this Parliament. It is obviously a top priority for the government. What does Bill C-5 do? It significantly expands house arrest for some very serious offences, including sexual assault, kidnapping and human trafficking. In other words, criminals convicted of such offences will not have to spend a single day in jail.

What about firearms? We hear a lot about the Liberals' professed concern about firearms. It seems they are obsessed with firearms as objects, but they have not figured out that firearms do not commit crimes; criminals with firearms commit crimes. What have the Liberals done about criminals who go out and commit offences with guns? Bill C-5 actually eliminates mandatory jail time for serious gun crime, including robbery with a gun, using a firearm in the commission of an offence, discharging a firearm with the intent to injure and weapons trafficking. That is the approach of the Liberals.

It is a policy of the woke. It is a policy grounded in absurdity. Compounding that absurdity is Bill C-21, which is now before the House. It is a bill that does not take illegal firearms off the streets. It does not keep repeat offenders behind bars where they belong. Incredibly, it goes after law-abiding, licensed firearms owners, who are among the group of Canadians least likely to commit a crime.

Those are the people the Liberals are going after. It could not be more absurd. The government's set of priorities could not be more backwards.

[Richard Lehoux, Conservative, Beauce, QC]

Mr. Speaker, I will try to measure up to my colleague. It is not easy to speak after the official opposition whip. She gave a wonderful speech and did a great job of illustrating the challenges we face.

Today, I am speaking to Bill C-21, this government's flawed gun bill. Before I begin, I would like to acknowledge the hard work my colleague from Kildonan—St. Paul has done on this file, as well as the work put in by all of my colleagues on the Standing Committee on Public Safety and National Security.

Since the bill was introduced in the House, the Liberal Party has changed direction so often that it is difficult to keep up. The Liberals' inordinate attacks on the Canadian people have not gone unnoticed. The Liberals have shown their true colours to Canadians. Instead of cracking down on illegal guns and gang members, this government has introduced legislation targeting hunters, farmers and indigenous communities.

As usual, the Liberal government is completely out of touch with rural Canada, widening the all-too-real divide in our country. No one believes that going after hunters will reduce violent crime across the country. This is part of the Liberal plan to divide Canadians.

As Conservatives, we support common-sense gun policies that prevent guns from falling into the hands of dangerous criminals. The most important thing we can do is to crack down on smugglers at the borders and prevent illegal weapons from getting into Canada and falling into the hands of criminals and gang members.

I have had the opportunity to talk with many citizens in my riding about this bill. I talked to Mr. Vachon from Saint‑Georges, who served in the army for 14 years and who is very worried about the impact this bill will have on him and his ability to hunt and sport shoot. He is an advocate for the safe use of firearms and understands very well that those who commit crimes with illegal firearms will not be concerned at all about this bill. The only people who are worried about it are law-abiding hunters and sport shooters.

I also talked to Mr. Deschênes from Sainte‑Marie, who is extremely concerned about the impact this bill will have on shooting clubs in the region. They may have to close their doors in the future. He is a federal agent and needs to regularly train at these shooting ranges to keep up his skills and keep himself safe. He emphasized the importance of these shooting ranges for public safety because many police services use them to perfect their skills and maintain their accreditation, and they also educate other Canadians about gun safety.

Finally, Ms. Turcotte from Beauceville contacted my office just last week to express her dissatisfaction with amendments G‑4 and G‑46. These amendments were completely inappropriate and were subsequently withdrawn. However, hunters still worry about what the Liberal government will do next. How far is it prepared to go? Will it amend the same bill once it comes into force, introduce those amendments and shut down debate again?

In my riding, countless farmers also contacted me for fear that they would no longer be able to protect their livestock, which is their livelihood. The problem with this government is that it has a strange way of sending messages. It claims to have discussed this bill with stakeholders, but when the text of the bill and the amendments were published, many groups, such as hunters, indigenous groups and professional sport shooters were taken completely by surprise.

A member of the Alberta Mounted Shooters Association said that they are a very safety-conscious group. She added that before they can become mounted shooters, they must complete training, testing and background checks to obtain their restricted gun licences. They want more Canadians to practice their sport. They want to grow and develop skilled target shooters and equestrians. They also want the ability to continue the legacy for our youth and produce more world champions.

At the rate this bill is going, I do not know if there will be any sport shooters left when this is all over. New athletes will have so many regulatory hurdles to overcome that any shooting discipline outside of the Olympics will be eradicated. Even Canadian Olympians will be forced to spend countless hours obtaining the necessary licences to travel with their sporting equipment.

This lack of comprehensive consultation has not just affected hunters and sport shooters; it has also affected the most important segment of the Canadian population, indigenous communities. As Chief Jessica Lazare of the Mohawk Council of Kahnawake put it, the lack of thorough and comprehensive consultation with indigenous communities is demonstrated by the incoherence and inconsistency of the proposed legislation, the amendments and the lack of recognition of the rights of indigenous peoples.

This is further proof of the complete ignorance shown by this government and the Minister of Public Safety.

Let us talk about how the Prime Minister continues to fail Canadians when it comes to public safety. With bills like C-5, the government is making our country less safe. Bill C-5 removes mandatory minimum sentences for gun crimes. How backwards can this government be?

For people who are guilty of armed robbery or firearms trafficking or who recklessly discharge a weapon, it is easier to get away with it thanks to the Prime Minister's soft on crime approach. This government has made things twice as bad with Bill C‑75. The Prime Minister's bail policy has triggered a wave of violent crime in our country.

Our communities feel less safe, and the Liberal government is responsible for making the situation worse. A common-sense Conservative government will ensure that violent reoffenders stay behind bars while awaiting trial, and it will bring back the mandatory sentences for serious violent crimes that were cut by this government.

The bail reform measures that were announced this week are reactive and respond to weeks of news about the dramatic increase in violent crime in this country. Why does the government always have to play catch-up? It is incapable of getting ahead on anything. A Conservative government will ensure Canadians' safety and introduce bills that will truly keep Canadians safe.

Does the government realize that illegal guns are used in 99% of gun crimes? More than 85% of those guns are smuggled in from the United States. Why are they not allocating more resources at the borders to prevent these firearms from entering?

In my riding, there are two border crossings that do not even have CBSA officers. Truckers coming into Canada simply pick up the phone and call the nearest border service officer to open the gate and the shipments come into Canada without any screening. I am sure this may surprise some members of the House, but it shows just how low a priority border security is for the Prime Minister and the Minister of Public Safety.

In conclusion, I think everyone in this House wants to make Canada a safer place to live, but Bill C-21 was never the right way to go about it. This bill was flawed from the start, and the government has completely missed the mark.

I also think the NDP has a lot to do with this failure, as the New Democrats continue to support the government in this process. However, many of the NDP members are from rural ridings. I hope their constituents have been watching them all this time and will remember this failure. Conservatives will always be there to keep Canadians safe and to protect law-abiding gun owners, whether they are hunters, farmers, sport shooters or indigenous people.

We will always protect their right to own and use firearms safely and lawfully. We will ensure that violent criminals and smugglers are prosecuted, instead of our law-abiding neighbours and farmers.