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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 19, 2019 Passed Motion respecting Senate amendments to 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
June 19, 2019 Passed Motion for closure
Dec. 3, 2018 Passed 3rd reading and adoption of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
Nov. 20, 2018 Passed Concurrence at report stage of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
Nov. 20, 2018 Failed 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 (report stage amendment)
Nov. 20, 2018 Passed Time allocation 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
June 11, 2018 Passed 2nd reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
June 11, 2018 Failed 2nd reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (reasoned amendment)
June 11, 2018 Failed 2nd reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (subamendment)
May 29, 2018 Passed Time allocation 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

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

December 16th, 2024 / 1:35 p.m.


See context

Conservative

Jasraj Singh Hallan Conservative Calgary Forest Lawn, AB

Mr. Speaker, what the hell is going on? The country is without a finance minister and I am without a minister to be a critic of. The Prime Minister has not only lost control of his colleagues but has also lost control of his colleagues and has lost the confidence of Canadians. The only person he has not lost confidence from is the leader of the NDP, who is just waiting for his $2.2-million pension, and then maybe he as well might lose confidence in the Prime Minister.

Do members know who else has lost confidence in the weak, fake feminist Prime Minister? It is the two million Canadians visiting a food bank in a single month; the one in four Canadians skipping meals; and the parents, the moms, who are putting water in their kids' milk to extend how much they can give to their kids. They have all lost confidence. They lost confidence nine years ago.

After the weak Prime Minister doubled housing costs, doubled crime and doubled the debt, he basically doubled all the pain and suffering in this country. Then he blamed Canadians for it, and then he lectured them. Then on top of that, to pour salt in the wounds, he is slamming Canadians with another carbon tax scam hike, one that he wants to quadruple if by some chance he becomes prime minister again.

Now the former finance minister has joined a long list of women who were in the Prime Minister's caucus and cabinet who have exposed how big of a fake feminist he is. She joins women like Jane Philpott, Jody Wilson-Raybould and Celina Caesar-Chavannes. It is a slap in the face to women, not just parliamentarians but all women.

Let me quote what the former finance minister said in her letter today that exposed the fake feminist Prime Minister: “On Friday, you told me you no longer want me to serve as your Finance Minister and offered me another position in the Cabinet.” What a slap in the face that was. He was done using her.

On Friday he let her know, “Hey, I'm going to make you break through this fiscal guardrail that you promised Canadians, which was $40 billion. I'm going to make you crash through that guardrail and take Canada's finances off the cliff, but why don't you go and deliver that bad news, and then I'll switch you into a different post?” What kind of fake so-called feminist does that?

What kind of a leader and what kind of a boss does that? It is pathetic to the highest degree what the fake feminist Prime Minister has done. He proves it once again, and he just recently gave a big speech last week about being a proud feminist. Some feminist he is. He is a fake.

Let me go on to read what else the former finance minister said: “you made clear that I no longer credibly enjoy that confidence and possess the authority that comes with it.” I would argue that she never had it in the first place, because the fake feminist Prime Minister and carbon tax Carney are in the background.

Carbon tax Carney made his Canadian comeback just to fire the furious finance minister. That was his role. They used her, and they wanted to blame her for the finances of the country going over the cliff, only to disregard her afterward. This is all being done by the backroom boys of the fake feminist Prime Minister and carbon tax Carney.

The former finance minister goes on to say, “you and I have found ourselves at odds about the best path forward for Canada." She also says, “keeping our fiscal powder dry today, so we have the reserves we may need for a coming tariff war. That means eschewing costly political gimmicks, which we can ill afford and which make Canadians doubt that we recognize the gravity of the moment.”

I could not agree more. These are political gimmicks. The Liberals just introduced a two-month temporary GST tax trick, which was a vote-buying scheme that businesses all across hated, that was going to be costly to them and that is not really going to bring in much more revenue. The Liberals brought it in at the busiest time of the year, just so the Liberal-NDP government could buy votes from Canadians.

However, Canadians are experiencing much more pain than that. While Liberals want to take pennies off peanuts or nickels off Nutty Bars, common-sense Conservatives want to axe the tax on everything, for everyone, for good. Enough of these cheap political gimmicks.

This carbon tax scam is more than a gimmick; it is pain. It is no environmental gain with all financial pain for Canadians, to the point where we see seniors who need to choose whether they heat their homes or buy a little more at the grocery store. They are getting through by putting blankets on. This is the reality of nine years of the corrupt, inept and weak Liberal-NDP government.

Instead of standing with Canadians and standing up for Canadian values, the Prime Minister chose to start a war with the Americans. This is the same former finance minister, obviously with the guidance of the weak Prime Minister, who said, “Why don't you go ahead with your digital services tax? Why don't we join other countries doing it?” Can members believe we are in the same pod as countries like Pakistan, which has introduced this? We are not with our partners on this at all. Liberals knew it would be something that would impact Canadian businesses and could possibly get our tariffs raised by the U.S., but they still moved forward with it. They pissed everyone off. They pissed off the Americans.

This is how incompetent the Liberal-NDP government is. It has no game plan. Once again, these cheap political gimmicks have Canadians footing the bill. At the end of the day, Canadians are having to suffer for these really incompetent political policies that have impacted them.

The former finance minister goes on to say, “our time in government will come to an end.” Yes, it will. We should put the tired, corrupt government out of its misery and call a carbon tax election now. We should give people control back, give Canadians back control of their lives, which is something they have lost. When Canadians see crime on the rise, hate crimes on the rise, and that the cost of everything is out of control, it is because they have a government that has worked against them. They have a leader in the NDP who has propped up the corrupt Liberal government for nine years, and now he is doing it just out of spite, just to get his $2.2-million pension.

Canadians will remember this. Canadians will remember this at the next election. It is time for the government's time to come to an end. We have to give that power back to the people, where it belongs. There is only one leader in the entire House of Commons who will bring the power back to the people. That is the Conservative leader, the member for Carleton.

The former finance minister says something else I agree with, which is, “Canada will win if we are strong, smart, and united.” We need a leader who is strong, smart and will unite, one with a backbone and brains. Again, there is only one leader in the House of Commons with that, and that is the member for Carleton.

Once we have a common-sense Conservative government, we are going to axe the tax for good. We are going to get rid of the carbon tax to bring the cost of gas, groceries and home heating down. We are going to unleash the power of our natural resources, the world-renowned natural resources sector we have in Canada that the Liberal-NDP government has tried to kill with its oil and gas cap and all these other ridiculous policies like the carbon tax scam. We are going to axe the tax for good to bring home our natural resources and give them to the world in order to bring down emissions across the world.

We are going to build the homes. There will be no more photo op funds and no more giving municipalities and mayors millions and billions of dollars just to create more bureaucracy. We are going to build the homes, not more bureaucracy. We are going to bring home a GST tax cut for homes that are a million dollars and under, which will generate up to 30,000 new homes and save up to $50,000 on those homes, which is going to lower the cost of mortgages.

While I am on the topic of mortgages, after nine years of the Liberal-NDP government, housing costs have doubled. Whether one is renting or a mortgage holder, the costs have doubled. Why have they doubled? The Liberal-NDP government has fed into the bureaucracies at the municipal level, which have only increased their permitting fees. On top of that, it is the population control that they admit themselves is “out of control”. The Liberals did this; their incompetence did this. The Bank of Canada also confirmed that it is their out-of-control population growth that made costs to renters double.

In order to not give Canadians 40-year highs in inflation like the Liberal-NDP government did, we are going to balance the budget, something the Liberal-NDP government has no idea of how to do. This is the same Prime Minister who said that budgets balanced themselves and that he does not think about monetary policy. Then he said to let the bankers worry about the economy. He loves the bankers. Those are his Bay Street buddies, the same ones that Canadians have to send money to, with more in debt-interest charges than what goes to provinces for health care.

After the incompetent Prime Minister doubled the national debt, that is exactly what happened. Interest rates went up. Inflation went up. Of course, for the Prime Minister and his rich buddies, their assets got inflated, while everyday Canadians had to pay for that incompetence.

We are going to balance the budget and bring in a dollar-for-dollar law. We are going to make sure that any dollar spent in any department has to be matched with a dollar of savings. Canadians and businesses have had to do that under this government. The government should do the same and respect the money.

There is no doubt that we are going to cut the Liberal waste. The waste that went to Liberal insiders, such as the friends of the Liberals who got so much money for arrive scam and for the consultants, the McKinsey consultants. Now we just found out from the Auditor General about the CEBA loans that went to fraudulent corporations and companies. This is just another rerun of the last nine years of this government. First it was CERB, and now it is CEBA. This is what incompetence looks like. Who has to pay for it? Canadians always end up having to pay for this incompetence.

It is time for a common-sense Conservative government that will balance the budget, get rid of that Liberal waste and, of course, stop the crime. Canadians do not leave their houses now and sometimes live in their houses in absolute fear, because criminals have never had it so good. Under the Liberal-NDP government that brought in Bill C-5 and C-75, criminals have it way too easy. They commit crimes repeatedly and without any fear. They know they are going to get bail. They commit crimes over and over again.

However, just to virtue signal and to show that it is the most woke government, the Liberals created a bail system that is just too easy for criminals to get. That is why there is no more fear left within criminals. There is no fear in Canada. The only fear is from everyday Canadians who are just working to make it, to get by, to put food on their families' tables.

However, now carjackings are up, violent crime is up and gun crime is up. Every day there are new videos coming out, and it is a result of this incompetent, woke government that lets criminals have zero consequences for what they do. We are going to stop the crime and bring in common-sense Conservative policies once again that will keep repeat offenders in jail and not grant them bail like this woke government has done over the last nine years.

My parents came here because Canada used to have this reputation that one could work hard here and either get by or get ahead. Canada used to be a country where one paycheque could run the household. One paycheque used to be able to get people a house, whether they wanted a mortgage or to rent. One paycheque used to be able to afford groceries for the week. One paycheque used to put people's kids through school. One paycheque used to be able to put people's kids in other activities.

However, after nine years of the Liberal-NDP government, the Canadian dream that my parents came for and that Canadians had, whether they were born here or immigrated here, is broken. It is broken. Our reputation has been broken because this weak, woke, fake feminist Prime Minister broke Canada.

It is time for a common-sense Conservative government, led by our common-sense Conservative leader, the member for Carleton, to not only unite Canadians but to rebuild that Canadian dream and finally have a country where we can proudly stand and say we are from Canada, one where we see our flag and the rest of the world sees our flag and know we are represented by a competent leader who has the brains and the backbone to stand up for Canadians and do what is best for Canada first.

This is the same Prime Minister who, wherever he goes, is an embarrassment, not just nationally but all over the world. Literally, he is known as a clown now. He has turned the country into a circus. It is time for real leadership.

It is time to bring a serious government back that will put the people first, that will reduce those food bank lineups, that will reduce housing costs, that will reduce the cost of gas, groceries and home heating, and reduce the crime in this country, because that is how it used to be. Before the Prime Minister it was like that. When was the last time members heard of people lining up at food banks in record numbers or of people being afraid in their own homes or outside? We never used to even have to lock our doors in Canada.

In this next carbon tax election, the choice cannot be more clear: People can vote for a Liberal-NDP government that will punish their work, that will tax everything and that will double their housing costs on the Liberal-NDP government's path to quadrupling the carbon tax scam, or Canadians can make a choice to get back control of their lives and get back control of the country that they once knew and still love, under a common-sense Conservative government that will bring back the common sense that used to be common in the country, which we lost after nine years of the incompetent, woke Liberal-NDP government. Let us work together to bring home the Canada we all knew.

I turn to the leader of the NDP to make a request that he put the country and Canadians over his pension. Enough is enough. Canadians have had enough. Canadians cannot suffer anymore from the Liberal-NDP government. It is time. It is time for a carbon tax election. This country is in chaos. The Prime Minister and his entire caucus is in chaos. It is time to give the control back to the people. It is time to give this country a common-sense Conservative government under the leadership of the member for Carleton, the leader of the common-sense Conservatives.

Let us bring home the Canada we all once knew and still love. Let us bring it home.

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Thank you so much to everyone for being here.

Zipp, I see you and I see your mom behind you. There's an innate human desire to belong and feel included, and we don't want to feel that we're different. Ironically, it's our difference that makes us so special.

School is not a great place for a lot of kids. For kids who learn differently, it's hard. It's really hard. I just want to say that I appreciate your being here. You're young, and you're brave and courageous. You have some support around you, which is important.

I think all of us in this room remember everything that happened to us in those first eight years of our lives in elementary school, but we don't know where our car keys are. It's the most formative part of our life. Thank you for sharing your stories.

I want to dive in further, if I can, with Mylène.

I think the key in all of this is ensuring that we have legislation that puts consequences in place against hate crime so that it doesn't happen. One of the things that we've seen repeatedly.... Stats Canada released a crazy press release today, saying that 34% of all homicides were committed by a criminal who was out on bail or another form of release. Those are historic numbers.

In Peterborough, we had a hate crime that went public nationally, which I was a part of in terms of standing up for this person: “Pride flag burning, homophobic slurs lead to hate crime arrest in Peterborough”. The man who was charged was out violating his probation and violating his parole.

We know that Bill C-5 and Bill C-75 are two pieces of legislation right now in the House of Commons that are contributing to violent repeat offenders being out and committing crimes.

My question for you, Mylène, is this: Would you like to see those bills altered and pulled back? Would you like to see stronger bail reform so that hate crimes have consequences tied to them?

Rob Moore Conservative Fundy Royal, NB

You mentioned in your answer something else I want to hone in on. You mentioned that Canada is a high-value, low-risk environment. I agree 100% with you that it's the case. There's one aspect of that on which I'd like to get your comment. In our country, it used to be that if you were convicted of production of, importing or exporting of schedule I substances—including fentanyl, meth, cocaine and heroin—it would result in mandatory jail time.

The current government's Bill C-5 eliminated that mandatory jail time and, in effect, allowed house arrest for those convicted of moving and producing large quantities of very serious drugs, some of which are wreaking havoc on our streets today, as you mentioned. How do laws like Bill C-5 and like Bill C-75, which created a revolving door in our justice system, imposing on judges the requirement that they release those who are seeking bail and making it very difficult to take someone off the streets who's been arrested for some of these very serious offences...? When you couple those two bills alone, how do they play into Canada's being a high-value, low-risk environment for organized crime?

École polytechnique de MontréalRoutine Proceedings

December 6th, 2024 / 12:40 p.m.


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Conservative

Dominique Vien Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Speaker, December 6 is always a hard day. It is always a harsh wake-up call. It brings back all the trauma. Exactly 35 years ago today, the unthinkable happened. It was in Montreal, on the eve of exams. The holidays were approaching. It should have been a time for celebration, but on that day, 14 female engineering students at the Polytechnique in Montreal were murdered in cold blood, because they were women.

The tragedy left us stunned with horror. We could not believe what had happened. We were all in shock. These 14 young women were all university students in the prime of life. They were probably feeling carefree, like people are at that age, when they think that they have everything figured out, that they are invincible, that the world is their oyster. That is how it should have been for these women.

Remember the 14: Geneviève Bergeron; Hélène Colgan; Nathalie Croteau; Barbara Daigneault; Anne‑Marie Edward; Maud Haviernick; Barbara Klucznik‑Widajewicz; Maryse Laganière; Maryse Leclair; Anne‑Marie Lemay; Sonia Pelletier; Michèle Richard; Annie St‑Arneault; and Annie Turcotte.

They were separated from the male students and murdered in cold blood because they were women. It is unspeakably cruel that a woman can be murdered and suffer this fate simply because she is a woman. In fact, it was so shocking that this Parliament decreed that every December 6 would be the National Day of Remembrance and Action on Violence against Women.

I was in shock when it happened. I was 22. Obviously, we were all shaken by this tragedy. I also remember the moments surrounding the event. These women were my age. They were studying at university, just as I was. They had dreams and ambitions. In an instant, all that was shattered. Understandably, there were countless collateral victims, including family, colleagues and friends. Their journey came to an end, while mine continued. For all these reasons, they will forever be in my thoughts.

Today we pay tribute to these women, but we also pay tribute to the women in Canada and women around the world who are victims of hate and violence in all its forms. Thirty-five years later, this day is still necessary and just as relevant. Unfortunately, intimate partner violence, sexual assault and misogynistic speech still exist. The year is not over yet, but in 2024 alone, in Quebec, there have been 25 femicides. In Canada, there have been 169 so far in 2024.

In Canada, gender equality should not even be an issue. It should be settled question. It should be absorbed and learned from an early age. Gender equality is not up for debate. Everyone needs to understand that violence is never the answer, that women need to be completely free, free to study, free to govern, free to be MPs, free to be ministers, free from fear and from all forms of violence. They should never have to be in a constant state of hypervigilance when they walk down the street, as we are far too often. Only a woman can say that these days. Only women can say that.

At the Standing Committee on the Status of Women, I have incredible colleagues from all parties who I work with to improve this sad state of affairs, to ensure that women can move around freely and safely. We are making recommendations to the government.

Respectfully, I would like to make a few observations. This is not coming from a place of partisanship. I just want to share these ideas so that we can work together to fix this very sad trend of increasing violence. Violence has increased by 116% in Canada since 2015. Whether it is sexual assault or child abuse, all this violence is happening right under our noses. In my riding, people are firing guns. We really need to put positive measures in place in order for things to improve.

Quebec's justice minister, Simon Jolin-Barrette, says that Bill C‑5, which has been introduced in the House, allows people who commit violent acts to serve their sentences at home. Then there is Bill C‑75, which allows violent offenders to be released on bail. Normally, we would not allow people who have committed such acts to serve their sentences at home or to be released on bail. This is something that worries us on this side of the House. I am not saying this in a partisan way. The police forces are telling us this. Quebeckers are very sensitive to what the Quebec government says. It was Quebec's justice minister who shared this message about sexual assault. Women are being assaulted and men are walking around free. I say men because we know that 90% of sexual assaults are committed against women.

Today we are paying tribute to the victims. It is nice, and we are all giving fine speeches. We are joined in sadness. However, let us also take a close look at the actions we are taking and the decisions we are making as legislators. When we realize that something is not working, that we are not getting the desired results, let us have the collective intelligence to review, in this place, the measures that have been taken. I will pick up on something that was said earlier by the minister, whom I like very much. She talked about measures that have been put in place and an action plan she wants to table. I will just make this comment.

I would be remiss if I did not take a few seconds to commend the organizations in my colleagues' ridings and in my own riding, such as Fondation jonction pour elle, the Centre-Femmes Bellechasse, the Centre-Femmes l'Ancrage, and the Association féministe d'éducation et d'action sociale. These are all women helping other women in need, including women fleeing violence. These women welcome them and help them move forward.

In tribute to all the injured, abused and murdered women, I say this: We must never forget them.

Public SafetyOral Questions

December 5th, 2024 / 3:05 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, Bill C-75 codified existing Supreme Court jurisprudence and added a tougher decision on bail for those who target women. That is a fact.

Let us talk about the actual combat against crime. Let us talk about crimes against children. We cannot make this up. What the Leader of the Opposition has said, and what his justice critic has reiterated, is that no matter what progress we make, with the help of the Bloc Québécois and the NDP, on taking down child pornography off the Internet, they will reverse it. That is morally bankrupt as a policy and incredulous to assert in this chamber. The combat against crime includes the combat against child sex predators.

Public SafetyOral Questions

December 5th, 2024 / 3:05 p.m.


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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, it was just reported in Vancouver that two people were wounded in another random stabbing. After nine years of the Prime Minister, these tragic stories are sadly more common, as violent crime is up 50%. The NDP-Liberal soft-on-crime policies and laws have unleashed a crime wave across Canada, including random attacks.

Bill C-75 created a catch-and-release bail system. Bill C-5 removed mandatory minimum sentences on many serious crimes. Will the Liberal government reverse these reckless policies?

Public SafetyOral Questions

December 5th, 2024 / 2:55 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, the statistics on women speak for themselves. There is a 75% increase in sexual assaults. That is a 75% increase since the Liberals have been in power. Sexual violations against children are up 120%. Why is this? We have heard, at the status of women committee, over and over from abused women that it is Bill C-75. These monsters are getting out on bail and killing women. That is on the Liberal government, no matter what its members say. Their announcement today will not protect a single woman in this country.

When are they going to call an election so that Conservatives can get in power and do something about this?

Public SafetyOral Questions

December 5th, 2024 / 2:55 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, at the status of women committee, we hear from abused woman after abused woman who have been hurt and their lives endangered because of Bill C-75. Their abusers are getting out on bail easier than ever before.

Public SafetyOral Questions

December 5th, 2024 / 2:55 p.m.


See context

Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, the Liberal government has no credibility when it comes to protecting women. In the nine years the Liberals have been in power, sexual assaults have increased 75%. Ninety-four municipalities and the Province of Nova Scotia have declared intimate partner violence an epidemic.

In Canada, one woman in Peel region is strangled to death every single day and violent abusers of women are getting let out on bail easier than ever because of the Liberal Bill C-75. There is only one party in this place that is going to protect women from the monsters who abuse them and put criminals of gun violence behind bars, and that is the Conservative Party.

When will we get an election?

Tako Van Popta Conservative Langley—Aldergrove, BC

I'll take it. Thank you.

Thank you, witnesses, for being here today.

You were in the room when I asked the minister a question about stricter bail conditions. I asked whether Bill C-48 and Bill C-75 were the best we could do or whether we could write a stricter law that would pass constitutional scrutiny in court, perhaps using the section 1 test under Oakes. Is that possible, or is this already the best we can do?

Larry Brock Conservative Brantford—Brant, ON

Thank you, Chair.

All my questions can be answered by any official—no one in particular.

I want to push back a bit and correct an error that I believe the government is pushing through the House and delivering to the public.

I know the minister spoke about Antic and Zora in response to a question regarding the failings of Bill C-75, but I want to have everyone reflect on what those two key, seminal decisions pronounced. They indicated that “for most alleged crimes, release on bail at the earliest reasonable opportunity with minimal conditions is the default position.” The decisions also “make clear that the principles operate alongside the grounds for detention and do not replace them.” That is very specific language.

Do the officials agree with the ratio of those two key, leading decisions, yes or no?

Michelle Ferreri Conservative Peterborough—Kawartha, ON

I'll take them, for sure. Thank you, Chair.

One thing that has come up repeatedly, which is not protecting victims on the street, who are being hurt and murdered by repeat violent offenders out on bail, is Bill C-75.

Police Chief Stuart Betts, who testified at the status of women committee, said:

We know that release from custody is a ladder principle and that the least onerous form of custody is to hold that person accountable for their behaviour while they're awaiting a trial, and that is what we are letting people out on. Often, that is perhaps underserving victims in our community because the least onerous, depending on the nature of that offence, is insufficient to protect our community once they've been released.

A Liberal member then tried to question him by saying, “it's the application of the law; it's not the law itself.” Chief Stuart Betts replied, “I'm sorry. It is the law itself as well, because it is how it's currently being applied but it is also the law.”

My question to the officials is this: What are you doing to change and implement Bill C-75 so that violent repeat offenders are not getting out on bail?

Arif Virani Liberal Parkdale—High Park, ON

We have already done a number of things. As I said, in the 43rd Parliament, we passed Bill C‑3, which requires that new judges receive training on sexual assault. In the current Parliament, we have also passed Bill S-12; that bill restored the National Sex Offender Registry, which focuses particularly on predators who attack women.

We have also twice made changes to bail. This affects victims of intimate partner violence. It involves Bill C-75, which was passed in an earlier Parliament, and Bill C-48, which was passed during the current Parliament. So we have done a number of things.

What bothers me a bit, and concerns me, is that on the provinces' part, we see situations where victims of sexual harassment or sexual assault are not able to be heard by a judge and argue their case, to make the accused answer for their acts, because the provinces are not investing enough money, and this results in unreasonable delays. A number of articles have been written recently about the problem in this regard in Ontario.

Tako Van Popta Conservative Langley—Aldergrove, BC

Yes, we heard that from you recently. You're trying to shift the focus to the provinces, which should be doing their part in shared jurisdiction under criminal law, yet Bill C-75 is a federal law that focuses on the principle of least restraint possible. That's your law.

We hear so many people expressing concern—police authorities and premiers—and saying that more needs to be done when it comes to bail reform. Is the concern, perhaps, that stricter bail conditions may be challenged as unconstitutional? In our environment today, repeat violent crime is becoming a scourge in society. Doesn't this pass the Oakes test under section 1 and is an immediate problem that needs to be addressed? Stricter bail conditions could pass a constitutional test such as that.

Arif Virani Liberal Parkdale—High Park, ON

Mr. Jivani, this predates your time in Parliament, but when we passed Bill C-75, what we were doing was codifying Supreme Court case law, including decisions like Antic and Zora. Nothing changed with the jurisprudence being transferred into black-letter law in the statute. In fact, the only thing that actively changed was imposing a reverse onus on people who commit intimate partner violence, making bail more difficult for those individuals.

I appreciate the concern you're voicing. I appreciate the crisis happening on our streets. I appreciate the crisis of confidence that Canadians feel when they see people being let out on bail who have been subject to repeat offences. The second ground of bail—there are primary, secondary and tertiary grounds—is a serious risk of reoffending. That test needs to be applied adequately by adjudicators, and that involves having space to house people.

December 2nd, 2024 / 3:40 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice

Thank you, Madam Chair, and members of the committee.

I'll be presenting today key items from the 2024-25 supplementary estimates (B) for the Department of Justice. This funding will make a real difference for people in this country who interact with our justice system, including victims. These items fit into our government's broader plan to increase affordability, provide social supports and create a better Canada.

Access to justice is a top priority of mine. To this end, I've put considerable time and effort into filling judicial vacancies. I've appointed 178 judges since I became minister. During my first year alone, I appointed 137 judges. The previous annual record was 107. Right now more than 96% of the judicial positions across the country are filled.

A robust legal aid system is another key pillar of access to justice. I believe legal aid provides fair representation. It ensures the smooth functioning of the court process and ensures that cases are heard in a timely manner. This year's supplementary estimates (B) provide $80 million for criminal legal aid for provinces and territories and $71.6 million for immigration and refugee legal aid services. This funding will pave the way for greater access to justice for indigenous persons, for individuals from Black and other racialized communities and for those with mental health issues, all of whom are overrepresented in the criminal justice system.

If these supplementary estimates do not pass in Parliament, this critical support will be jeopardized. That needs to be understood by all committee members. Justice will not be served and people will suffer, particularly victims of crime. I know there are colleagues at this table who care about these issues, but I also know that some people may be instructed to oppose these measures.

To my Bloc and NDP colleagues, I think we know how some members will vote on these measures, including the official opposition. I'm looking to you to ensure that the estimates are able to come to a vote and pass.

I would like to point out other areas in which the supplementary estimates provide essential support for Canadians.

This will support the provision of legal advice and information to individuals who have been sexually harassed in their workplace. Sexual harassment is a scourge that disproportionately affects women. Statistics Canada tells us that one woman in four and one man in six have reported being victims of sexualized and inappropriate conduct in the workplace.

We also know that a large majority of incidents are not reported, which means that the real figures are probably higher. The $10.3 million in funding provided in these estimates would help to support people going through a traumatic time, in particular if they do not have the resources to pay for legal representation or if they are unaware of their rights.

The legal aid program would support access to free legal information and advice to anyone who believes they have been sexually harassed in the workplace. This is very important funding.

The official opposition asserts that they care about addressing gender-based violence. They are often very performative about it, but I expect that, yet again, they will follow their leader's instructions and vote against supporting victims of gender-based violence.

This funding dovetails with a concerted effort from our government to support women and curb sexual assault and gender-based violence. Gender-based violence is an epidemic in this country and it must stop.

This is why we passed laws requiring training for judges on sexual assault and intimate partner violence. I worked on it at this very committee. That was Bill C-3, which we called the Rona Ambrose law, from the 43rd Parliament.

We also strengthened the national sex offender registry with Bill S-12 in this Parliament and reformed publication ban laws to empower victims to tell their own stories. We toughened bail laws for intimate partner violence offenders in Bill C-75 and Bill C-48. We funded women's shelters and crisis hotlines so that victims are supported in their time of need. We will continue to do everything we can to end sexual harassment and gender-based violence in Canada. I'm proud that this funding will contribute to this very important goal.

The online harms act will concretely tackle online sexual violence. For the first time, we are mandating that online platforms do their part to keep people in Canada, especially children, safe online. We are ensuring that child sexual exploitation material and non-consensual intimate images, including deepfakes, are subject to a takedown order. Online platforms will no longer get a free pass for hosting vile content. Women and girls across Canada are being intimidated and harassed online. We've seen children pass by suicide because of online abuse.

Enough is clearly enough. In our increasingly online world, we do not have time to spare. We need to act intentionally. We need to pass Bill C-63.

I would now like to address another subject that is important to Canadians: protecting tenants. We know that housing is one of the main sources of stress for Canadians right now, and this is particularly true for tenants.

Rising rents, renovictions and the lack of opportunities when it comes to housing availability are pushing tenants to leave their communities. Tenants also face unique challenges when it comes to making sure that their housing is properly maintained and their landlord obeys provincial laws.

Tenants' rights and legal services organizations can help tenants work things out and overcome complex problems. Tenants facing threats to the security of their housing can feel especially powerless and alone.

This is why in budget 2024 our government proposed an investment of $50 million over five years to establish what we call a new tenant protection fund. Our government has made substantial advancements in housing. We know everyone deserves an affordable place to call home. Our housing accelerator fund is making a real difference in communities across Canada. It is very unfortunate that Conservative members of Parliament have been barred by their leader from accessing these funds for their communities. That's unfair, and it's certainly not leadership. The tenant protection fund is just one of many elements of these supplementary estimates that will go towards building more housing.

Other items include $135 million for the Canada housing benefit to provide low- and moderate-income renters the ability to make ends meet. We're putting $99 million into the rapid acquisition of shelter space and deeply affordable housing. We're devoting $27 million to co-op housing development—a great way to increase affordable options for families. We will continue showing up for Canadians by rapidly building the housing we need.

I'd like to speak about one last item, which is new funding of $4.9 million through the estimates for victims and survivors of hate crimes. This funding is part of Canada's action plan on combatting hate. The action plan represents Canada's first-ever comprehensive, cross-government effort to combat hate.

Budget 2024 announced $29 million over six years, starting this year, to enhance or establish financial assistance and compensation programs for victims of hate-motivated crime. The funding would also help raise awareness in the judiciary about the unique dynamics of hate crime, and support the development and delivery of specialized training for Crown prosecutors on this very topic. We've seen an alarming rise in hate crimes in Canada. Horrible incidents of anti-Semitism have skyrocketed. Hate against the queer community is up. People don't feel safe in their own neighbourhoods. It is unacceptable and un-Canadian. We need to stamp out hatred in our communities and ensure perpetrators are held to account.

Bill C-63 is a key part of our plan to stop hatred in Canada. I was very proud to stand alongside the National Council of Canadian Muslims, the Centre for Israel and Jewish Affairs, the Canadian Race Relations Foundation and others when I introduced Bill C-63 in February of this year. I share the disappointment of many Canadians that this bill has been stalled in the House of Commons by partisan games. Bill C-63 creates tougher penalties for hate crimes and ensures there are mechanisms to hold people accountable for online hate that would not be acceptable in the off-line world. I am proud of this legislation, and I hope to see it progress soon.

Madam Chair and committee members, the appropriations requested through the supplementary estimates (B) are part of our government's larger vision of support, rather than cuts, for Canadians. I am committed to creating a justice system that is accessible, fair and efficient. I work every day towards achieving this goal. I hope all members of this committee will work to ensure this important funding flows to Canadians.

Thank you very much.

Pam Damoff Liberal Oakville North—Burlington, ON

One thing that has come up a lot in this study is bail. In the province of Ontario, 80% of people right now are actually being held without bail. These are technically innocent people who are being held, but the 20% are the ones we read about all the time.

We hear a lot about Bill C-75. In my community, we don't have a courthouse that's functioning properly, so judges won't sit there. Is Bill C-75 solely responsible for these issues with bail, or is there responsibility from the provincial governments to step up as well?

Pam Damoff Liberal Oakville North—Burlington, ON

That's one of the recommendations I'd like to see in the report from this study—to increase the funding in your office.

I first met you with regard to section 278.1. I know that you're supportive of changing that, as am I. We've talked about Jordan a lot. My colleague read a provision from Bill C-75. These are all Supreme Court decisions.

You mentioned that you don't support the notwithstanding clause. On Jordan, the government actually did try taking it back, and the Supreme Court kind of said, “Away you go.”

If we're not going to use the notwithstanding clause, are you saying that the government should go back to the Supreme Court with an emphasis on section 7?

I'm just wondering how you think we can deal with these Supreme Court decisions that are really making it difficult, and more than difficult: Women are losing lives because of Jordan in particular.

Michelle Ferreri Conservative Peterborough—Kawartha, ON

I would challenge you a bit on that, because I think it does get partisan when the policy doesn't protect victims. I think that's where it is partisan, because the politics are preventing the victims from having their rights enforced.

In Bill C-75, now in the Criminal Code as section 493.1, it says, “In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances”. For people who don't know, the word “shall” is considered mandatory language. This was in Bill C-75 and is now in the Criminal Code, which means that a judge has to give the least number of conditions and the least onerous conditions that are appropriate.

When we look at your statement, we hear what you're asking and what you've said:

At the same time, violence associated with drug trafficking and firearms causes significant harm to Canadians. Many victims of crime have supported mandatory minimum penalties, believing they provide meaningful consequences. In addition, since victims and offenders often know each other and live in the same communities, support for longer sentences relates to personal safety.

Bill C-75 is prevented victims from having the justice they want, because, to Cortney's story, Ms. Harris, they're getting released. Would you like to see a change in this particular section?

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 26th, 2024 / 5:50 p.m.


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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, we are here because of the Liberal government's refusal to release documents, which is the will of this Parliament.

It really makes us question what the Liberals are trying so desperately to hide. The government should have obeyed the request of the House of Commons. The House of Commons is the voice of Canadians, and the government cannot ignore this request. It is not just a request; this is an order of the House. This is exactly what the Liberal government has done.

Our motion could not have been clearer. It demanded that all documents related to Sustainable Development Technology Canada, now widely known as the Liberal billion-dollar green slush fund, be tabled with the law clerk of the House of Commons and transferred to the RCMP for investigation. The government had 30 days to comply, but it did not do so.

As a result, the opposition House leader raised a question of privilege with the Speaker. The Speaker agreed that the members' privileges of the House had been breached and that the government had ignored an order of the House. However, the Liberal government continues to ignore it. I know Liberal colleagues across the aisle will say they have tabled 29,000 pages of documents. What they do not say is that many of those documents were heavily redacted, against the instructions of this Parliament. It does not matter whether they table two pages or two million pages; if the documents are redacted and blacked out, we cannot see the information on those pages.

If the Liberals chose to hide the relevant information that the House requested to protect Liberal insiders, then those documents are not worth the paper or the ink that was used. Ultimately, the Liberal government is hiding the information from the RCMP. We have to question why this has gone on for weeks and weeks. What are the Liberals trying to hide?

Just to go back and give a little history for anyone listening who is not familiar with this ethical scandal at Sustainable Development Technology Canada, before the current Liberal government, this program was not controversial. Through past governments of other parties and all parties, SDTC provided funding to Canadian innovators seeking to develop clean new technologies. However, under the current Liberal government, SDTC became widely known as the green slush fund because it was known as a hotbed of corruption for use by Liberal insiders.

We know this because the Auditor General of Canada, the Ethics Commissioner and whistle-blowers uncovered clear and widespread corruption in favour of Liberal insiders. The issues began in 2018 when the Liberal industry minister at the time, Navdeep Bains, chose to appoint a new chair to the SDTC, an entrepreneur who was already receiving funding through one of her companies. The Liberals were warned internally of the risks associated with appointing a conflicted chair.

We had heard this and this has come to light. The Liberals were told that up to that point, the fund had never had a chair with interests in companies receiving funding, yet they chose to appoint her anyway. The new chair went on to create an environment where conflicts of interest were tolerated or managed by board members, as described by the Auditor General. Board members went on, through SDTC, to grant funding to companies that they held stock or positions in. It was a direct conflict of interest.

Bains, the Liberal minister at the time, went on to appoint two other controversial board members who engaged in unethical behaviour, in obvious conflicts of interest, acting by approving funding to companies in which they held ownership stakes. Department officials from the government sat in on board meetings. They were witness to 186 conflicts of interest at the board, but they did not intervene.

Then, in November 2022, whistle-blowers raised internal concerns with the Auditor General about unethical practices at SDTC. In September 2023, the whistle-blowers took the allegations public, forcing the Liberal industry minister to suspend SDTC funding.

In November 2023, the Auditor General started to conduct an audit. This audit found many approved projects that were ineligible for funding, a conflict of interest or both. There was $58 million that went to 10 ineligible projects that, on all occasions, could not demonstrate an environmental benefit or development of green technology, the actual purpose of the fund. The Liberal-appointed SDTC board approved $334 million, over 186 cases, for projects in which the board members held a conflict of interest. These numbers are absolutely staggering. The Auditor General found that the Liberal minister “did not sufficiently monitor” the contracts that were given to the Liberal insiders.

This is a culture of corruption that was Liberal-made. We know this because the Auditor General gave SDTC a clean bill of health back in 2017. It was only after the hand-picked Liberal board members were appointed that this fund began voting itself really absurd amounts of taxpayer dollars.

The Liberals will say this agency was at arm's length, but there were government officials sitting in on board meetings, so it was not at arm's length. The Liberal minister recommended board appointments, and Innovation, Science and Economic Development Canada had senior department officials sitting in on every board meeting, monitoring the activities of the board. It is unbelievable that senior department officials said nothing during this time.

As well, we know the Auditor General did not analyze all of the projects and contracts. In fact, it was only approximately half that the Auditor General analyzed. Therefore, these 186 instances could potentially be considerably higher, maybe even double that. This is shocking. It is why this Parliament has been seized with this.

It really bodes the question: Why are the Liberals fighting so hard to not bring the documents forth and to not shine a light on what has occurred? If there were all of these conflicts of interest, why would they not want to shine sunlight on the situation and bring all of this to light so it can be analyzed, and if there is criminal activity, that could potentially be pursued? It is unbelievable that this is all being pushed under the rug because the government does not want it to come to light.

It is disappointing we are here discussing this matter of privilege rather than discussing issues that are important to residents in my community of Kelowna—Lake Country and, in fact, all Canadians. After nine years of the NDP-Liberal government, there is really no shortage of issues to be discussing.

One issue I would like to talk about, and hear more on, is crime and how members of my community are worried over the rise in violent crime that has happened under the watch of the NDP-Liberals. The statistics are shocking compared to 2015. Homicides are up 28%, sexual assaults are up 75%, gang murders have nearly doubled, auto thefts are up 46% and extortion is up 357%. These are serious, violent crimes. British Columbia has seen the total number of violent Criminal Code violations increase by over 50% since 2015.

The situation of crime really is out of control. Instead of debating how to better keep our communities safe, we are debating this matter of privilege regarding this apparent Liberal cover-up. The legislative changes made by the Liberal government, supported by the NDP, serve to put the welfare of perpetrators, often violent ones, over the welfare of victims.

Law enforcement and policy experts are calling for reform. Liberal Bill C-75 directed judges to act with restraint when imposing bail conditions, even with violent repeat offenders. It has been a driving force behind the catch-and-release nature of Canada's bail system. Liberal Bill C-5 removed mandatory minimum sentences for 14 Criminal Code sections, including serious crimes related to firearms and drugs. It is unbelievable.

Liberal Bill C-83 changed the correctional system in part to ensure those convicted and sentenced to penitentiaries are provided with the least restrictive environment for that person. Many believe it is this legislation that allowed serial killers like Paul Bernardo to move to a medium-security prison environment despite committing heinous crimes.

Across Canada, law enforcement experts and associations have made it clear they are fed up with the Liberal government's legislative agenda that increased crime and chaos in many of our neighbourhoods. For example, recently, the Police Association of Ontario, the Ontario Provincial Police Association and the Toronto Police Association issued a joint statement following an intense shootout in Toronto that led to 23 arrests and 16 firearms being seized. It states, “Our members are increasingly frustrated and angered as they continue risking their lives to apprehend repeat violent offenders.” It went on to say the incident “should serve as a call to action for the federal government to fix our bail system so repeat and violent offenders can’t continue to harm our communities while out on bail.”

The Vancouver Police Union, close to where I am in British Columbia, stated how Liberal justice reforms are “doing little to address actual crime and violence.” It also said the Prime Minister is “not aware of the ongoing gang war here in B.C. which is putting both our members and public at risk on a daily basis.” The Surrey Police Union, also in British Columbia, described its pressing current issue as “the surge of illegal firearms coming across our borders and ending up in the hands of violent criminals”.

Conservatives will stop the crime by first scrapping Liberal Bill C-75, Bill C-5 and Bill C-83. Conservatives have also put forth many common-sense bills to address public safety. My own private member's bill, the end the revolving door act, Bill C-283, would have expanded justice system sentencing to people suffering from addiction through treatment and recovery in federal penitentiaries. Unfortunately, this was voted down by most NDP and Liberal MPs.

Again, instead of discussing these common-sense solutions to stop the crime in our communities, we are discussing this matter of privilege. Many of our Conservative colleagues, too many to mention in the time I have here today, have also put forth really great private members' bills that would address the issue of crime, everything from looking at crime that is happening in hospitals to extortion, car thefts and many more. I could do a whole speech just on that. We are putting forth common-sense solutions.

There is another issue that I would like to be discussing more, instead of a matter of privilege. Although that is important, we are only discussing it because the Liberals are holding us in this place, because the Liberals are not abiding by the will of the House. Another issue that I would like to be discussing is fixing the budget and restoring affordability.

Inflationary spending and the lack of good economic policies have seen the Canadian economy deteriorate, and Canadians are worse off because of it. We know why. The Prime Minister has said that he does not think about monetary policy and that budgets balance themselves. His latest comment was, “I'll let the bankers worry about the economy.” How completely out of touch is this with what the role of government is and what his role is? The Parliamentary Budget Officer has reported that “rising inflation and tighter monetary policy have eroded purchasing power, particularly among lower-income households.” Most Canadians spend the bulk of their income on basic necessities like food, shelter and transportation. When their purchasing power suffers, it makes just getting by that much harder.

This reality has been realized when it comes to food bank use in Canada. The cost of food has increased by over 22% since 2020 alone, forcing many to go to a food bank. The committee that I am on, the human resources committee, has had a lot of testimony on this from food banks and from not-for-profits, who have talked about the fact that they had volunteers before who have now become clients, that seniors who would maybe volunteer now have to go back to work, that people are not volunteering because they literally cannot afford the transportation to come and volunteer, that donations are down. This is what is happening in Canada. This is the Canada that we are in right now, and this is after nine years of the NDP-Liberal government. We know, for example, that over two million Canadians have visited a food bank in one month alone.

Something that is especially upsetting is the rise of child poverty. According to the 2024 report card on child and family poverty in Canada, 1.4 million children live in poverty in Canada now. We need to discuss how economic policies and inflationary spending have really gotten us to this point. Instead, we are discussing this matter of privilege. There are really serious and broad economic concerns that are happening in Canada. It just really illustrates the results of the disastrous Liberal government and how it has affected people's lives and Canadians' prosperity.

I will say as well that the Liberals have not given a fiscal update so that we would know where the debt is this year. They continue to have spending. We have no idea what the status of our debt is. Canada's federal debt will rise to $1.2 trillion this year. That is based on previous numbers. The interest we will pay in servicing the debt will increase to $54 billion. Again, this is based on previous numbers. Just to put that into perspective, that is more than the revenue that has been raised in the past from GST. It is unbelievable how much we will be spending on servicing our debt and how much our children and grandchildren will be spending.

As well, Canada's GDP per capita continues to decline, meaning that there is less money to go around for more people. This is really troubling, given that while Canada's GDP per capita fell by 3% in the last four years, the GDP per capita of the United States increased by 7% in that same time period. It is total economic mismanagement on the account of the NDP-Liberal government.

The government is continuing to not comply with the will of Parliament and refusing to bring forth the documents that are the will of Parliament. There are a lot of important issues that we need to be discussing here. I will just end with the carbon tax.

We have all of these tax increases that will be coming down the line early next year. We have the carbon tax, which will be increasing on April 1. We have the excise tax, which will be increasing on April 1. Especially with the carbon tax, this just makes the price of everything go up, everything that is grown, produced and transported, yet the government is bent on increasing these taxes. It is putting us really at an economic disadvantage. We are hearing testimony at a lot of committees about how tax increases are forcing people to leave Canada and forcing businesses to leave. These are the things we need to be talking about.

Public SafetyStatements by Members

November 26th, 2024 / 2:10 p.m.


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Conservative

Doug Shipley Conservative Barrie—Springwater—Oro-Medonte, ON

Mr. Speaker, after nine years, the Liberal government is not worth the crime or the chaos. Just this week, a Winnipeg police officer was stabbed in the neck during an arrest at a shopping mall. While I am relieved to hear that the officer is recovering, incidents like these are happening far too often under the Liberal government.

The 50% increase in violent crime since the Liberal government came to power is a direct result of the Prime Minister's soft-on-crime catch-and-release policies. The Liberals made life easier for violent criminals by repealing mandatory minimum sentences for gun crimes with Bill C-5, made it easier to get bail with Bill C-75 and failed to stop the flow of illegal guns across the U.S. border.

Canadians deserve a common-sense Conservative government that will ensure repeat violent offenders remain behind bars while awaiting trial and will bring back mandatory jail time for serious violent crimes. A Conservative government will bring home safe streets.

November 26th, 2024 / 11:55 a.m.


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Chief of Police, London Police Service

Chief Thai Truong

As a chief of police, laws are very important. Specific laws that are created to ensure that this community is safe and laws pertaining to individuals involved in organized crime and the exploitation of individuals in our society are very important to me as a chief and to many police leaders.

There were a number of perspectives and objectives with Bill C-75, many of which were not fully mentioned. The application of the law is not for me to dictate. That is for the courts to dictate and apply.

Rob Moore Conservative Fundy Royal, NB

Thank you for that explanation.

In 2022, Bill C-5 passed. It eliminated mandatory jail time. I'm not speaking here about those who were addicted to any substance, but those involved in organized crime, those convicted of producing, importing or exporting schedule one drugs like fentanyl, meth, heroin and cocaine. The result of the elimination of mandatory jail time for those involved in this organized crime was that it made available the possibility of serving your sentence within the comfort of your own home on conditional or house arrest, rather than a period of incarceration.

Coupled with that, in 2019, Bill C-75 came into effect. It has been known as a catch-and-release system whereby judges have become increasingly likely.... It's all but a rubber stamp for someone charged with serious drug offences, including gang and gun offences, to be back out on the street to revictimize their fellow Canadians.

Can you speak a bit to the impact of the passage of that legislation and your organization's ability to disrupt the illicit drug trade?

Arif Virani Liberal Parkdale—High Park, ON

To Ms. Taylor's family, I would express deep sorrow and sympathy in terms of the fact that Cileana is no longer with us. I think that's a horrific crime, and it's a tragedy that shouldn't be happening in our society.

What I would also say is that we've been working very hard to try to address violence against women, particularly indigenous women. That's why we launched the MMIWG inquiry, and that's why we have the calls for justice that we're working to implement.

Some of the bail matters that you mentioned have actually been dealt with in Bill C-75 and in Bill C-48, where we implemented reverse onus on bail for people who commit intimate partner violence. We accentuated that in Bill C-48.

What I would say to you is the same thing that I've been saying repeatedly to many different provincial actors. What I want to know—and I'm sure you want to know as well, Ms. Ferreri—are the circumstances in which that individual was released on bail—at least twice, by your account. What were those circumstances? Did the Crown contest the bail? I would like to know that. If the bail was granted above the Crown's objections, did they appeal the bail through what's called a bail review? Was bail granted because there was no detention facility ready to take that person?

What Canadians need to understand is that—

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, we put reverse onus for bail for intimate partner violence, which assists indigenous women. That was Bill C-75 and Bill C-48.

Public SafetyOral Questions

November 25th, 2024 / 3:05 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, the Liberal government often blames the provincial courts, for example, for the crime wave we are seeing across this country. Of course, the provincial courts are governed by the law, and the Liberals changed the law with Bill C-75, which made bail the default for repeat violent offenders.

The results are clear: There has been a 116% increase of gun crime in Canada and a 50% increase of violent crime since 2015 under the Liberals' watch; furthermore, there are 200,000 additional violent crime incidents each year. How many more people are going to have to get hurt before they realize that their policies have caused all this destruction?

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Thank you Madam Chair.

Again, thank you to our witnesses for being here. You do incredible work.

There's so much I have to ask. I wish we had hours.

Ms. Dawson, your comment about sons killing their moms was pretty shocking. If you want to, please table with the committee any longitudinal research you have on that or issues that are happening in the home. I think that's the key component when we look at prevention. What could we be doing better in those formative years?

I do want to talk about Bill C-75. Since the passage of that bill in 2019, there have been 84,923 female victims of intimate partner violence. This bill was supposed to reduce that number. However, by 2023, the number increased to 96,415, an increase of almost 14%.

I guess I would ask the lawyers in the room—and I believe those are the two lovely ladies at the end—how do you feel about this bill and the connection between the increase in intimate partner violence and this legislation.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 25th, 2024 / 12:05 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, normally when I rise in the House to speak, I say I am pleased to rise today. However, I must say I am super sad to rise today in the House. I am super sad about the state of our nation. I cannot believe what happened in Montreal on Friday night and the state of events.

For those who are watching the debate today, we are still here, two months down the road, talking about the Sustainable Development Technology Canada fund, which was $400 million of taxpayer money that ended up going to insiders who gave the money to their own companies. The Auditor General said there were 186 conflicts of interest. The whistle-blowers within the department itself said there was criminality involved.

Parliamentarians did their due diligence. It was the will of the House, with a majority vote, to have all the documents associated with this sordid affair produced and sent to the RCMP. The Liberals did what they always do. They redacted the good parts of the documents that were produced and did not produce the other half of them. Here we are, and the Speaker has ruled that no other government business will take place until this question of privilege is addressed and those documents are produced and sent to the RCMP.

My theme today is that this all comes back to the problem of the Liberals not having any regard for the rule of law in this country. Canada is built on the rule of law. It is what makes us a civilized society. We have seen, from the time the Liberals were elected in 2015, a lack of respect for the law and a continual erosion of the rule of law in Canada. Let me spend a few minutes talking about that.

In 2015, the Liberals were elected and they first brought forward Bill C-83, which forced judges, when considering bail, to put the least restrictive measures on an individual to reduce it to the easiest bail. That was the beginning of what has become catch and release in this country.

In 2017, the Prime Minister went to billionaire island, which was $215,000 of taxpayer fraud. The RCMP ended up not investigating it, but at the end of the day, that sets the expectation of what kind of respect for the rule of law we should have. If the Prime Minister does not have any, then we can see that that lack of respect would go through the whole lot.

In 2019, Bill C-75 was brought forward by the government. In that bill, the government removed a lot of the mandatory minimums and set sentencing to be either a fine or a summary conviction of up to two years. Again, that diluted the rule of law in this country. Many of the things on the list were egregious, such as kidnapping and some terrorism offences. There were a whole list of things that the government reduced to a fine or a summary conviction of less than two years, which is a slap on the wrist.

In 2022, the Liberals brought in Bill C-5. This was something that has led to further erosion of the rule of law. I want to read a couple of things just so people can understand the impact of all of this. Many of the comments were made by my friend, the member for Kamloops—Thompson—Cariboo, who himself was a very experienced prosecutor when he came to this place. He said, when it comes to the different rules that were introduced, there were some that did not help. When former justice minister, David Lametti, introduced Bill C-5 in November of 2022, he described it as giving those who made small mistakes a second chance at life. The bill was really about eliminating mandatory minimum sentences for second and third convictions of serious gun and drug crimes.

We see that this continual erosion of the rule of law has led us to where we are today with the green slush fund. We know that the whistle-blower said there was criminality, and we see a number of subsection 119(1) violations. For those who do not know what that part of the law is about, subsection 119(1) says that no holder of public office can take an action that benefits themselves or their family.

We can see numerous issues with the green slush fund when people took these actions. Some of them were were at the cabinet table. The Minister of Environment and Climate Change took an action as a cabinet minister to approve money, from the $400 million that was in the slush fund, to go to Cycle Capital, which he owns 270 million dollars' worth of. That company tripled its value, and that is a direct benefit to him. I will allow the RCMP to do its good work investigating.

We saw a similar problem with the WE Charity scandal when the Prime Minister was taking an action that benefited his mother, his brother and his wife. Now we see in the “other Randy” scandal that, while at the cabinet table, the former minister took an action to give money to a company that he was a 50% shareholder in. I see that the police are investigating that, and I expect them to come to the conclusion that any reasonable individual would come to.

As such, the introduction of all of these laws to chip away at the rule of law to allow criminals to go back on the streets has an impact, and I want to talk about what that impact is. Since the time these Liberals took power in 2015, homicide is up 33%; auto theft is up 39%; theft over $5,000 is up 49%; identity theft is up 121%; child sexual abuse is up 141%; human trafficking is up 210%; extortion is up 429%; child pornography is up 565%; and sexual assault is up 75%.

There is an impact when we remove the rule of law and the consequences that are put in place to disincentivize criminals from repeat offending. Many Order Paper questions have been asked to find out what is happening with catch and release and giving the least restrictive bail. It is said that one-third of homicides committed in Canada are committed by somebody who is out on bail for a previous violent offence. I want to speak to some of the human cost to that.

There was a shootout in Toronto, and of the 23 suspects collared, according the sources, one was wanted for an unsolved murder and four were free on bail conditions.

Here is another one: A gentleman was facing an attempted murder and gun charge and allowed out with an ankle monitor, which he cut off. Durham Radio News reports:

They say the man was ordered to wear a GPS ankle monitor after being let out on bail in September 2023 while his case was before the courts, but he cut it off and fled.

[He] is currently before the courts for:

two counts of Attempt to Commit Murder Using a Restricted Firearm...

Careless Use of Firearm

Possession of Weapon for a Dangerous Purpose

Unauthorized Possession of a Firearm

Unauthorized Possession of a Weapon

Knowledge of Unauthorized Possession of a Firearm

Possession Prohibited or Restricted Firearm with Ammunition

Use Firearm While Committing Offence

two counts of Possession of Schedule 1 Substance for the Purpose of Trafficking

Who thought it was a good idea to let a guy like this out with an ankle bracelet?

Similarly, there is a 36-year-old Montreal man who was let out on bail after allegedly uttering death threats against his partner. He is now accused of murdering her on the south shore.

Here is another one from CTV News:

Authorities have issued a public warning after a 19-year-old man facing multiple criminal charges, including two counts of sexual assault, was released on bail in Vancouver.

In a news release, the Vancouver Police Department said Bryce Michael Flores-Bebington poses a “risk of significant harm to public safety in relation to alleged unprovoked physical and sexual violence against strangers.”

This guy is a danger to the public and they had to issue a warning to the public about him. Who thought it was a good idea to let this person out on bail?

It was not a good idea, but the Prime Minister and the Liberal government has continued to allow criminals off to reoffend. Let us look at some of the most heinous examples, starting with Paul Bernardo.

I am from St. Catharines. I was born there. I went to school with Kristen French's brother Brian. I lived a block and a half from where they lived, and I walked the same street where Kristen French and Leslie Mahaffy were taken every single day of the five years I was in high school. I followed this case, and it was disgusting what was done to these girls and the many other victims. He deserved to be in maximum-security prison but, under the Liberals, they put him in minimum security, where there is hockey and tennis. I am sure that he is having a much better time there. When he comes up for his parole hearing, they will not even allow the victim's family to attend. That is what the Liberal government has done to the rule of law in Canada.

Let me give another example. Let us talk about Terri-Lynne McClintic and Michael Rafferty. These two sickos took an eight-year-old Tori Stafford and they sexually assaulted her and murdered her. They are child killers. Yes, they were in maximum security until eventually Terri-Lynne McClintic was let out into a minimum-security healing lodge. It was not until the Conservatives found out and made a big stink about it that they put her back into a more secure prison. As soon as our back was turned, where did she go? She is now in a townhouse in a minimum-security facility next door to a mothers-with-children program. Members have heard that right. Terri-Lynne McClintic has access to children while in prison, and she is a child killer.

This is the undermining of the rule of law that the Liberal government has done. It is totally unacceptable and we see the results on our streets. For over a year, we have seen pro-Palestinian, pro-Hamas illegal protests blocking roads, calling death to Jews and death to Canada, and burning our flag. All the while, what is being done from an enforcement point of view? Nothing has been done. There have been very few arrests. There was an incident in Montreal with thousands of people rioting, and there were three arrests. They will probably be out on bail before we know it. It is an undermining of the rule of law. It is also letting people into the country who are criminals and terrorists.

It has been admitted by the immigration minister that there was a period of time where, because of the backlog, they stopped doing security checks on people who were coming into the country. We have seen how that goes. They also decided to let 3,000 Gazans in when none of the other countries around would take them because of concerns about their links to Hamas, which is a designated terrorist organization. Canada brought them in. We have seen ISIS terrorists who were brought in through our immigration program.

This lack of respect for the rule of law extends to other departments that are inviting chaos into the country. When people want to become Canadian citizens, there are three things that they have to promise to do. The first is to obey the rule of law in Canada. It is one of the things that is part of any visa that we come to the country on, such as a tourist visa or work permit. Every one of these illegal protesters should be charged if they are Canadian citizens. Their files should be flagged if they are permanent residents so that they cannot become Canadian citizens, because they are not upholding the rule of law in Canada. They are part of the problem and not part of the solution.

I am sure our neighbours across the aisle here will decide that I am a racist. I am not a racist but I am about the rule of law applying equally to all. If I get up and I block a road, I know that they are going to arrest me in a New York minute. If I commit a crime, I am going to get arrested, but that does not seem to be what is happening.

In Toronto, there was a protest. Protesters were calling death to Jews. They were harassing them in their own neighbourhood. One of the Jewish women went to the police and said to arrest these people. The police said that there was nothing they could do. What is the point of having laws if we do not enforce them? The federal government puts the rule of law in place. The federal government has a responsibility. If the rule of law is not being enforced by the police, it can be escalated to the RCMP. The military can be brought in.

We know, in the peaceful protest of the freedom convoy, that Liberals decided to declare the emergency measures act, which was deemed illegal because it did not meet the threshold.

What is the threshold? There has to be violence taking place across the country. We can check that box. There has to be proof that there is foreign interference. There has been a lot of proof about the Iranians backing up the pro-Palestinian protests, so we can check the box there.

It has to be beyond the resources of the police and the existing lots, so I would argue that maybe it is time to revisit that whole one. Of course, right now, even though it was declared illegal, not a single one of the individuals who voted for it is seeing any consequence at all while they appeal the process, whereas I, if I committed a crime, could appeal from prison. Again, that is not acceptable

Now we know that the reason that the government will not produce the documents is that there is criminality; there is something to hide there. It is not the first time. We have seen this pattern of behaviour before. We saw it with respect to the Winnipeg lab documents, where what was being hidden was the fact that we were complicit with the Chinese military in providing it with viruses to work on developing bio-weapons. What did the Liberals do to keep that from coming forward? Well, first of all, it was the usual: They redacted the documents, claimed national security, and did not give anything. Then, they sued the Speaker of the House to keep the Liberals from coming forward with these documents. It has dragged out for years and we may be here for years, holding them to account on this slush fund.

We saw it as well with respect to the WE Charity scandal. Clearly, there was something going on there that would have been a violation if the evidence came forward, but the Liberals claimed cabinet confidence and all of these kinds of things. When it got hot, they decided to prorogue and call an election so that they could go back to square one. It is a pattern of behaviour of not only undermining the rule of law in this country, but of obstructing when we are trying to get to the bottom and find criminality. That, again, is not a surprise to me when I look over there from the Prime Minister on down to his cabinet ministers and to many other individuals who have been in the Liberal government here during my term. Since 2015, we had Joe Peschisolido, whose law firm was accused of money laundering; Raj Grewal, charged with fraud; and multiple RCMP and police investigations that continue to go on today. We have the minister from Edmonton who is under investigation by the police and there are a number of fraud suits against the company that he was involved in. Therefore, it is not a surprise, but it is unacceptable.

The good news is that it was not like this before the Prime Minister arrived with the Liberals who are corrupt and it will not be like that when we get rid of them. We common-sense Conservatives would come with a plan to stop the crime. We would stop the gun crime by upping the security at our borders to keep out the smuggling of illegal guns that the police associations are saying is 85% of the gun crime. We would bring down the number of car thefts by doing more scanning at the ports. We have plans that would get the hard drugs off our streets and it would be jail, not bail, for repeat violent offenders. That is what we need in this country. We have good laws, but we have to start enforcing them. We cannot keep reinforcing to criminals that they can commit a crime without any consequences at all, which is essentially what happens when they commit a crime and are out again in the afternoon to commit another crime. We have all heard the statistics about the 6,000 crimes that were committed in Vancouver in one year by 40 individuals. I would argue that to take those 40 individuals off the streets, away from where they are damaging the public, is the wiser way, the common-sense way and it is something that we would do.

Again today, I call on the government to produce the papers and give them to the RCMP. It is the right thing to do. It is the way we would uphold the rule of law and not be secretive and not try to hide wrongdoing. If we do not do that, we will continue to be here on this side of the House speaking out against corruption and a lack of accountability in the Liberal government. We will make sure that when we become government, we restore accountability, restore the rule of law, and uphold and enforce the rule of law.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 22nd, 2024 / 1:25 p.m.


See context

Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, it is always an honour and a pleasure to bring the voices of Chatham-Kent—Leamington to this chamber.

My colleague before me lamented the fact that he had to speak twice on this. I will add to the lament, as this is my third time rising, because the government is not listening to ordinary Canadians as they are represented in this chamber.

Before I get into the substance of my speech, I want to take a moment to recognize the efforts of 40 extraordinary Canadians, for that is truly what ordinary Canadians are, for bringing the peace train to Ottawa two nights ago. MPs from a cross-section of this chamber, representing a cross-section of philosophical paths to peace, from our military veterans and peacekeepers to our peaceniks, all agreed on the message represented by the peace train participants: that Canada should do more for peace in our world.

It has been said many times that war is a failure of statecraft. We thank these folks for reminding us to invest more, in many ways, for peace.

Speaking of state and government failures, here we are again because the current government is ruling like an autocratic regime rather than a parliamentary democracy. Of course I am referring to the green slush fund and the Liberal refusal to hand over documents as ordered. The government is not being accountable on any front.

Today we are talking about the subamendment that is to be added to the amendment, and it reads as follows:

...except that the order for the committee to report back to the House within 30 sitting days shall be discharged if the Speaker has sooner laid upon the table a notice from the Law Clerk and Parliamentary Counsel confirming that all government institutions have fully complied with the Order adopted on June 10, 2024,—

That is my birthday.

—by depositing all of their responsive records in an unredacted form.

In other words, the government does not have to report back to the House if it actually complies with the ruling of the Speaker's office. At issue, of course, is the Auditor General's finding that the Liberal appointees gave 400 million tax dollars to their own companies, involving 186 conflicts of interest. This is about 400 million wasted taxpayer dollars while Canadians cannot afford to eat, heat or house themselves.

The NDP-Liberals must end the cover-up and make the unredacted documents available, as ordered by the Speaker, so Parliament can get back to working for Canadians.

Let us review a few of the facts. The Speaker ruled that the NDP-Liberals violated a House order to turn over evidence to the police for a criminal investigation of the latest Liberal $400-million scandal, but why the cover-up? Why would they allow Parliament to be incapacitated rather than address the issues that Canadians really and truly care about, like the doubling of housing costs, food inflation, crime and chaos?

On the crime front, the government has made a mockery of our justice system. Terri-Lynne McClintic, who abducted, and then assisted her boyfriend in the sexually motivated killing of, eight-year-old Tori Stafford in 2009 was allowed to be in the presence of children through a mother-child program at a women's federal penitentiary. It is hard to even fathom. Where is the accountability? I spoke so much about accountability in my previous two interventions.

Time after time, the government has revictimized victims, just as it did when it allowed Paul Bernardo to be moved out of a maximum-security facility. The government created the problem by passing Bill C-83, which ensures that even the worst of the worst, like Paul Bernardo, Luka Magnotta and Terri-Lynne McClintic, must be incarcerated in the least restrictive environment.

The Prime Minister has unleashed a wave of crime across the country with disastrous policies like Bill C-5, which took away mandatory jail for violent crime and allowed sex offenders to serve their sentences in the same home as their victims, under house arrest. Bill C-75 also made it easier for repeat violent offenders to be given bail. While the Liberals are concerned about heinous criminals being given a less restrictive environment, Canadians suffer the consequences of unrestricted crime and chaos. Again, the victims of crime are revictimized.

The government must be held to account for its failures. It has allowed Parliament to be paralyzed by its refusal to be transparent about the SDTC documents. Its own self-interest supersedes all other issues in their minds. Refusing to hand over the documents is an affront to Parliament. What is so bad that the government would go to such lengths to hide it?

Why would the government not instead focus on the food inflation it has caused? Food bank use has doubled. Wholesale food prices in Canada have risen 36% faster than wholesale food prices in the U.S., a gap that has opened up since the introduction of the carbon tax. Sadly, now there are two million people lined up to feed themselves and their families at food banks. Our economy is teetering on the brink, but the worst is yet to come.

The coalition government voted for and legislated the quadrupling of the carbon tax to 61¢ a litre. In Ontario alone, Feed Ontario revealed last September, a record one million people visited a food bank in 2024. This is a dramatic increase of the 25% from the previous year, with Feed Ontario's CEO telling the media, “I never thought I would see this day”. She went on to say that she had been with the organization for almost 15 years and never thought it would see this level of demand. She cannot believe it has reached a point where the numbers are so dramatically high. However, the Liberals seem oblivious to the suffering.

In a parliamentary democracy, Parliament is supreme. If a citizen finds a certain law repugnant, their only option is to mobilize a change in Parliament, for example by campaigning in favour of a certain issue, by joining a political party or by standing for office, such that Parliament changes that law. Citizens who disagree with the law of this land and believe that their rights have been violated can push for political change.

The rule of law is crucial in a democracy because it ensures that everyone, including government officials, is subject to the law. Key points about the rule of law in a democracy include equality before the law regardless of social status, checks on power, and holding the government accountable, which is a fundamental point in the rule of law. Other key points are the protection of rights; social sustainability, where citizens trust the law will be applied fairly; and economic development. A strong rule of law fosters a predictable business environment, encouraging investment and economic growth.

It is evident that the government believes that it is above the law and above the sovereignty of the chamber. Holding leaders accountable for serious wrongdoings is a hallmark of democracy. That is why we are here today. Again I ask, where are the documents? What is in them that is making the Liberals so afraid of the Canadian public's finding out?

To the matter at hand, let us talk for a moment about what the Sustainable Development Technology Canada fund could have done with respect to research and innovation, and in particular, for a moment, with the energy sector. If colleagues would please indulge me, I will come back to the direct issue of the corruption at hand in a moment. I have often talked about this next sequence in round tables at town halls that I host.

If we think back to the creation, development and increase of wealth in our western world, it has largely mirrored the increase and the densification of our energy. When we came out of the caves, we kept ourselves warm and heated our food with wood. Over time we moved to charcoal and coal and on to fossil fuels. Today we have nuclear energy. Potentially tomorrow we will have hydrogen. Each one of these sources of energy has come with its own set of environmental consequences. As we have moved to a new path to that densification of energy, we have found ways of reducing and eventually removing, hopefully, environmental consequences.

There is a question I often ask when I am hosting round tables. We often hear the opposition speak of fossil fuels, their use and a hope for the day of peak oil. Here is my question: When did the world achieve peak coal? I do not mean the metallurgical coal we need for steelmaking. When did the world hit peak use of thermal coal?

I often ask this question at home, and I get responses from my constituents. Some say it was probably during the 1870s, during the Industrial Revolution. Maybe it was in the roaring twenties in the lead-up to the great crash, or more recently, after the green revolution of the 1970s. However, our world hit peak coal, the record use of fossil fuels in the form of coal, in 2023, and we are going to break that record this year.

Why is that important? Coal has twice the greenhouse gas emissions of liquefied natural gas. If Canada truly wanted to address greenhouse gas emissions that had a material effect on the world, we would be championing the sale and use of our clean and ethically produced liquid natural gas. We had 15 projects on the books 10 years ago. That is not what the government has done.

We have had the world come asking for that energy. Instead, the government has introduced a carbon tax, and while it might make someone feel good by patting themselves on the back that they are doing something, Canada produces 1.5% of the world's greenhouse gas emissions.

Weather and climate are a worldwide phenomenon. If we wanted to impact greenhouse gas emissions on a worldwide scale, we could. A carbon tax is not going to do it. We could, not as an end goal a century out but as an interim step, reduce greenhouse gas emissions from a material perspective and fund our own wealth as we transition our economy over to even more environmentally benign technologies. That is what we could be doing.

There was a fund set up to direct energy, investment and innovation in that direction. The Auditor General took a look at it back in 2017 and that fund was working well then. However, here we are today. I will end in a few minutes after already speaking for an hour to the corruption that has come from the government, but I will note that if we wanted to do something, that is where the fund could truly be making a difference. Instead, we are here talking about corruption.

I have spoken at great length in the House about the lack of accountability and about the endemic corruption of the government. There was a lack of accountability by the former employment minister. After months of Conservative prosecution, he finally resigned. There have been allegations of fraud, of being involved in a private business while sitting at the cabinet table and of fake indigenous claims, and they were not enough to remove him from cabinet for months. Why is this behaviour seemingly endemic in the government?

Earlier this week, the Prime Minister defended the former minister and claimed, “I'm happy that he is continuing to lead on issues around jobs and employment and represent Alberta in our government.” It is now clear that the Prime Minister knew about the crime and corruption the other Randy was engaged in the entire time. That was not enough to remove him. He knew about the double identity but chose to look the other way. The Prime Minister knew that the member for Edmonton Centre was operating his own business while sitting at the cabinet table.

Members may remember that the former minister had the nerve to testify that the Randy referenced in texts was not him but another Randy who just happened to work at the company he has a 50% ownership stake in. His business partner has refuted these claims, stating now that he was the only Randy who worked at that company. I guess he thought if the Prime Minister was backing him, he could get away with it. After all, the Liberals have gotten away with a litany of scandals over their rocky nine-year tenure in government.

The Prime Minister knew he was falsely claiming to be indigenous to steal money from indigenous people. After firing a legitimate indigenous justice minister for upholding the rule of law in Canada against his wishes, the Prime Minister decided to protect a corrupt, fake indigenous minister. There is a double standard when it comes to the Liberals: They expect the rest of us to be responsible for our actions, but they are not accountable for theirs. Everything from Frank Baylis and the $273-million scandal to the former minister Navdeep Bains getting an executive position at Rogers after the government green-lit the Rogers-Shaw merger.

It is unconscionable. Every member of the House of Commons swears an oath to uphold the democratic institution of Parliament. Parliament is the foundation our nation was founded upon; it is a firm and solid base. As we come here to work every day, we are witnessing the rebuilding of Centre Block. The government is spending between $4.5 billion and $5 billion in part to provide a firm and solid foundation under that national treasure.

There is an old hymn whose refrain goes like this:

On Christ, the solid Rock, I stand;
All other ground is sinking sand,

When we build a home, the foundation is arguably the most important part. Without a firm foundation, Centre Block would not be secure. Our security in a democracy is the firm foundation that our country was built upon. It provides the stability upon which we stand. When a democratic government rules as if it were a dictatorship, the supremacy and the stability of Parliament is lost. Freedom is not free.

Over 118,000 Canadians have died in military service for our country to keep this “land glorious and free”, a predominant line in our national anthem. It is time the government adhere to the principle of the rule of law in Canada. The fundamental principle of the rule of law means that everyone is subject to the same laws and no one is above the law. The rule of law is based on the idea that laws should be applied fairly and equally to all people, regardless of their power, wealth or societal position. It is time to restore accountability and democratic freedom in Canada.

Conservatives will continue to hold this government accountable and demand that the documents be released in an unredacted form. When will the government call a carbon tax election so that Canadians can vote out this out-of-control, corrupt government and vote in a common-sense Conservative government that will axe the tax, build the homes, fix the budget, stop the crime and bring home lower prices for all Canadians? For our home; for your home, Mr. Speaker; and for my home, let us bring it home.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 21st, 2024 / 4:35 p.m.


See context

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, here we are, five weeks in, and we are still debating the Liberal government's refusal to produce documents relating to the latest scandal, the green slush fund scandal, as ordered by Parliament on June 10. This is the third time that I am rising to speak on this issue, so I want to take a slightly different approach. I want to talk about the legal principle of subsequent remedial measures, in the law, of evidence.

That rule says that evidence of a defendant or a possible defendant in a civil case effecting repairs to some obstacle that injured a person in order to avoid future similar injuries is not admissible in the court of law. The principle behind that is that we do not want to disincentivize people from actually making repairs to prevent future injuries. The example that is often given is when a homeowner repairs the steps up to the front door on which the postal delivery person was seriously injured the day before. Is doing the repair effectively an admission of liability? The answer is yes, probably, but here is the point. That evidence is not admissible in a court of law for the basic public policy principle that I stated before.

How does that apply to the current case relating to the green slush fund? A little bit of background is in order. The Auditor General revealed some shocking findings in her June 2024 report, which was tabled in Parliament on June 6, I believe, about how the Liberal government had turned SDTC, a federally governed and owned business, into a green slush fund for Liberal insiders.

Here are some of her findings. She found that SDTC gave out the following in taxpayer dollars: $58 million to 10 ineligible projects without even ensuring that contribution agreements were in place and the terms met. On some of them, the applicants could not even demonstrate the development of green technology or any environmental benefit at all. The purpose of SDTC was just ignored. There were $334 million and over 186 cases where there were clear conflicts of interest. This is board members at SDTC voting for each other's applicant grants, clearly a conflict of interest.

One of the whistle-blowers had this to say:

Just as I was always confident that the Auditor General would confirm the financial mismanagement at SDTC, I remain equally confident that the RCMP will substantiate the criminal activities that occurred within the organization.

This is very serious, not just mismanagement, but allegations from a credible source that there is criminal activity under way. Where there is smoke, there is fire. We, the opposition, did what we are supposed to do, which was to hold the government to account. Back in June, the Conservative Party put forward a motion in the House of Commons shortly after we received the Auditor General's report. That order reads, in part:

That the House order the government, Sustainable Development Technology Canada (SDTC) and the Auditor General of Canada each to deposit with the Law Clerk and Parliamentary Counsel, within 30 days of the adoption of this order, the following documents....

There was then a long list of documents that had to be produced.

The Conservative motion passed on June 10 with the help of the NDP and the Bloc Québécois. I thank them very much. It was only the Liberal members of Parliament who voted against it, because they were worried. They did not like it. They did not like the order. Over the summer months, they just ignored it. They delivered some of the documents but clearly not all.

When we got back here in September, things got ugly pretty quickly. Our House leader, the opposition House leader, on the first day back, rose on a question of privilege “concerning the failure of the government to comply with the order that the House adopted on Monday, June 10.”

That was presented to the Speaker, and the Speaker agreed with us, confirming that the Prime Minister's Office and all relevant government departments had not fully complied, but that they must comply with this order made in June for unredacted documents. At the time, the Speaker said, “The Chair cannot come to any other conclusion but to find that a prima facie question of privilege has been established.” In parliamentary terms, that is a serious allegation. There was a breach of privilege and that should have embarrassed the government.

It is pretty clear and easy to understand what the Speaker meant, so why are we still here, five weeks later, debating this question of privilege? The answer is simple. The Liberal government is still not complying with it. Why not? We do not know. The government has raised some smokescreens and innuendo, but it has not come clean to say why it is not complying. As long as that goes on, the longer this fiasco drags on, the more suspicious we become that perhaps the aforementioned whistle-blower is right that there was criminal activity going on here.

I want to get back to my original comments about the principle of subsequent remedial measures. Such evidence, as I said, is generally not admissible in a court of law. Did the Liberals actually take remedial action to try to fix SDTC after they claimed they were as surprised as the rest of us were that this corruption and mismanagement was going on? The answer is no, they did not do anything. As a matter of fact, they just wound up SDTC. There was so much corruption, so much smoke, so much contamination that even the Liberals were embarrassed by it. Rather than trying to fix it, they just wound it up altogether.

Now we are really suspicious, along with Canadians. What are the Liberals hiding? What was going on at STDC? Why are we not getting the documents? Canadians want to know. What does the Prime Minister's Office know? What is in those documents that the Liberals are refusing to produce? What are they hiding? Was there criminal activity? Can we recover some of the taxpayer money, $400 million altogether? Canadians deserve to know.

The total amount of money, as I said, was $400 million. What could we do with that money? We could do a lot of good, positive things, as the previous speaker, my colleague from Banff—Airdrie, just said. It could certainly help veterans and parents. It could help people who have been going to food banks who cannot afford groceries in these high inflationary times. Four hundred million dollars goes a long way to solve many problems. It could have been much better used than having it distributed by Liberal insiders among themselves.

I would like to compare this to the scandal of some years ago, the sponsorship scandal that brought down the previous Liberal government. That was only $40 million. This is 10 times as large. This is very significant and taxpayers, I think, need to understand what is going on here.

Things were not always corrupt at Sustainable Development Technology Canada. It had a great reputation at one time. It was created by an act of Parliament back in the Liberal days of former prime minister Jean Chrétien to promote investing in green technology, a laudable goal. It continued its work under former Conservative prime minister Stephen Harper and likely it would still be thriving today if the current Prime Minister had just resisted getting his fingerprints all over it. However, he just could not resist the temptation of putting his own friends in there. He and his industry minister at the time, Navdeep Bains, could not resist putting their own close friends in charge.

They fired the old board and put in their own friends. Many of them owned businesses that were applicants or potential applicants for grants under this program. Maybe somebody could have raised a red flag to say there was a lot of potential for conflict of interest, but that did not seem to concern anybody on the government side of the House. The result was that the Liberal-appointed board created an environment where conflicts of interest became the norm. Conflicts of interest were tolerated; they were managed.

In that orchestrated manner, these Liberal-appointed board members were able to, nicely, award grants to each other. This is the way it went: “Hey, you vote for my project, and I'll vote for your project.” That is what the whistle-blower told us. That is what the Auditor General uncovered. The Liberals broke SDTC, as they have broken so much else in Canada. I just want to raise a couple of examples.

Recent statistics from Statistics Canada about crime in Canada are really quite shocking. During nine years of the Liberal government, violent crime has increased by 50%. Homicides are up 28%. Sexual assaults are up by 75%. Gang violence has nearly doubled, and auto theft is up by 46%. Extortion is up by an astonishing 357%. Recently, the Liberal government has been forced to admit that 256 people were killed in 2022 by criminals who were out on bail or other forms of release.

This all happened under the Prime Minister's watch, with his Bill C-5, which eliminated many of the mandatory minimum sentences for serious crimes, and Bill C-75, the catch-and-release bill that puts accused people out on bail on the least restrictive conditions possible. Canadians are concerned.

This is what our police are saying about the Liberals and how they have been mismanaging criminal law responsibilities and, specifically, their record on gun crime. The Toronto Police Association had this to say, speaking to the Prime Minister: “Criminals did not get your message. Our communities are experiencing a 45% increase in shootings and a 62% increase in gun-related homicides compared to...last year. What difference does your handgun ban make when 85% of guns seized by our members can be sourced to the United States?”

The Vancouver Police Union had this to say about the Prime Minister's record on managing gun crime: “Guessing he’s not aware of the ongoing gang war here in B.C. which is putting both our members and public at risk on a daily basis.”

The Surrey Police Union, right next door to my community of Langley, says, “The federal handgun freeze fails to address the real issue: the surge of illegal firearms coming across our borders and ending up in the hands of violent criminals.”

It is not just the police who are concerned about the drastic rise of crime in our streets and our cities. I heard from a group of CEOs and other directors of a group of downtown business improvement associations from across British Columbia. I am familiar with the work that business improvement associations do because I sat on the board of the Downtown Surrey BIA for a few years before I was elected to Parliament. That is where my law office was, so I am very familiar with the area and very familiar with the work the BIA does. I was happy to meet with this group to hear their concerns and their solutions to some of Canada's toughest problems.

I found it remarkable that this is what these community organizations are asking for. Number one is to invest in mental health, addictions and homelessness support across Canada. Indeed, homelessness is a problem right across Canada, but particularly so in our downtown cores. I am thinking of the Downtown Eastside of Vancouver, which at one time was a beautiful place but is not anymore because of homelessness, crime and chaos.

The second ask is this, from the community organizers of our downtown cores: to ensure Canada's downtowns and main streets are safe and inclusive spaces by initiating a systematic review across the country concerning the bail system and implementing further changes to the system by reforming Bill C-48, which is a bill that went through the House not too long ago that took a small step in the direction of bail reform. They are saying it needs to be extended, not just for serious repeat violent offenders but also for theft offenders.

They are saying we need to stop the easy bail practices that have become the norm in Canada with the introduction of Bill C-75. The Vancouver Police Department talks about the same 40 individuals having negative interactions with the police 6,000 times in one year; that is every second day for 40 people. Imagine what the Downtown Eastside of Vancouver would look like if those 40 people were not on our streets. This is the message we are getting from community organizers.

The third thing they are asking for is to incentivize local entrepreneurs and commercial entities to form businesses in downtowns and on main streets. This is what they are asking for: give people shelter, keep repeat thieves off the streets, and create an environment where businesses and entrepreneurs come flocking back to the downtown core. This is what ordinary Canadian citizens want.

People are reporting that they feel less safe on our streets. Those fears are now being supported by evidence from Statistics Canada and from credible and, I would say, non-partisan organizations like police unions and business improvement associations.

The Attorney General should meet with people like that instead of just left-leaning law professors from Liberal-friendly law schools who teach their criminal law courses from a pro-accused perspective instead of from a pro-victim perspective. Our Attorney General would benefit, indeed, all of Canada would benefit, if he and the Prime Minister would listen to the concerns of ordinary Canadian citizens.

These are the things we should be talking about, or would be talking about if the Liberal government would just comply with the order so we could get down to business again. We should be talking about stopping the crime, building homes, implementing a fair and competitive tax regime by axing the tax, and fixing the Liberals' out-of-control, never-ending, inflation-producing deficit budgets.

Until the Liberals come to their senses and comply with the order, I guess we are just going to remain in this holding pattern. Here is a better idea: The Prime Minister could walk to the Governor General's house and acknowledge what everybody knows, that he has lost the confidence of this House and that the 44th Parliament should be dissolved and we should call an election. I spoke to many people when in my home community last week for Remembrance Day, as well as in the neighbouring community of Cloverdale—Langley City, where there is a by-election going on because the Liberal member of Parliament resigned.

I am hearing from people on the street that they are very anxious and eager to have a general election. They are happy with a by-election, but they want a general election. They want to stop the corruption, they want to fix what the Liberals have broken and they want a government that is going to have common-sense solutions.

Canadians deserve a government that will axe the tax, build the homes, fix the budget and stop the crime. Canadians deserve a government that does not play favourites for Liberal insiders but creates an environment where non-insiders can work and get ahead. They deserve a Canada that delivers on its promise to all who call it home: that hard work earns a powerful paycheque and pension, and buys affordable groceries and affordable homes on safe streets, in beautiful neighbourhoods, where anyone from anywhere can accomplish anything.

This is all achievable, but first, we need to have a general election and a common-sense Conservative government that will start working seriously on these issues that concern ordinary Canadians.

Public SafetyStatements by Members

November 21st, 2024 / 2:10 p.m.


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Conservative

Anna Roberts Conservative King—Vaughan, ON

Mr. Speaker, yesterday in the status of women committee, we heard testimony from Esther, a brave young woman from Nova Scotia. She came to Parliament to share her heart-wrenching story of the murder of her aunt by a repeat offender out on conditional release. She pleaded with the committee and the government to repeal Bill C-5 and Bill C-75, which have become known as the catch-and-release and hug-a-thug policies of the Liberal-NDP government.

Although the leader of the NDP claims to have ripped up his contract with the Liberals, he supports these soft-on-crime policies that have led to a 75% increase in violent crimes against women.

Every day the Prime Minister remains in power, it is because of the leader of the NDP, who voted to support the carbon tax 24 times rather than to support women.

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

November 21st, 2024 / 12:50 p.m.


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Conservative

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

Mr. Speaker, I rise here today to speak to the report of the Standing Committee on Public Safety and National Security entitled “A Path Forward: Reducing Gun and Gang Violence in Canada”.

This report was completed and tabled in April 2022, two and a half years ago. Now we want to debate and vote on this report. However, the report is no longer valid, given that a lot of information about public safety has changed in the past two and a half years. When we look at what was proposed in the report, it is important to first note that the report was not unanimous and that the three opposition parties all presented supplementary reports. The initial report, although lengthy, was not good enough for all the parties.

That is why we brought forward an amendment today calling for this study to be reopened in order to complete it and obtain much more up-to-date information on the public safety situation and the criminal use of firearms in Canada. We also need information on the rise of street gangs in cities across Canada.

We need to talk about this. We have known this for a long time, but, for the past nine years, it has always been clear to us that the Liberals and public safety are not synonymous. Measures were taken. Each time, the government said it was making investments, but the fact is, the right hand was spending money while the left was amending the Criminal Code to reduce the law's impact on criminals.

Consider Bill C‑5, which was brought into force, and Bill C‑75. Among other things, Bill C‑75 allows criminals to be arrested and released multiple times in the same day. Bill C‑5 allows criminals to serve jail time at home watching Netflix instead of in a penitentiary, where they belong. The public figured that out pretty quickly when these bills came into force. Most police services and victim protection groups have said it makes no sense. The report was tabled two and a half years ago, and nothing has been done about it since. Meanwhile, the government has enacted bills that have made the public safety situation in this country even worse.

The report contains a number of recommendations. One of them calls on the government to acknowledge the fact that a public safety problem exists. This is unbelievable. The idea that the committee would have to tell the government to wake up because we have a problem is disturbing enough.

On top of that, a huge number of witnesses who appeared before the committee clearly told us that the gun crime problem was not caused by registered gun owners. Representatives of the Toronto Police Association, the Toronto Police Service and police associations in Quebec and across the country told us the same thing. We have been saying this for a long time, and the witnesses confirmed it.

Unfortunately, the main report neglected to take the police recommendations into account. The Conservative Party had to draft a supplementary report to highlight the various recommendations made by these organizations, which clearly explain that street gangs and criminals are using trafficked guns arriving mainly from the United States. They say that over 80% of crimes involve guns that are not registered anywhere and were purchased illegally. That is the real problem. That is the main problem right there.

Rather than tackling the main problem, the recommendations call for guns to be taken away from all Canadians who have firearms licenses. This led to the infamous 2020 ban, which sought to take away all firearms. The Liberals and the Bloc Québécois were scaring Canadians by saying that law-abiding gun owners were criminals. Meanwhile, real crimes are being committed in the dark, behind the scenes. That is the problem.

I have a firearms licence myself, and I own guns. I am a law-abiding citizen and my guns are registered. I have been vetted. I am a member of a gun club. I do what I have to do. All gun owners are law-abiding citizens. However, the thugs on the streets of Montreal who drive around with guns hidden in their cars did not buy their guns at a firearms retailer. They bought them on the black market. They commit their crimes with these weapons, and they do not care.

It is important to understand that it is going to cost at least $3 billion to buy back the firearms that law-abiding citizens, who are doing nothing wrong, have at home. We could take that money and invest it in control mechanisms for the police, for the border, so that we can work with Akwesasne to check what is illegally entering the country. Unfortunately, that is an area where there is a lot of gun trafficking. The reserve abuts the U.S. and Canada in both Ontario and Quebec. We need to focus our efforts on gun control. That is where we need to put our energy and money. We should not be buying back firearms from law-abiding citizens, hunters and sport shooters who have done nothing wrong.

We have been talking about this for years. We are not even close to reaching an agreement. I do not know why my Liberal, Bloc Québécois and NDP colleagues cannot understand this logic. Instead of saying that this is what we should do, they are trying to scare people. We need to crack down on criminals. That is where we need to focus our efforts and investments. That is the situation with gun control.

Arms trafficking is another issue. We are talking about crime on the streets, especially the rise in gang crime. Even the Hells Angels are afraid of these criminals. They are incredibly violent and dangerous. Every police force and victims' group will say that this is the biggest problem. I introduced Bill C‑325, which was unfortunately blocked by the Liberals and the NDP. Its aim was to undo the legislation that came out of Bill C‑5. That law is completely stupid. When criminals on the streets saw it, they rubbed their hands together with glee and thanked the Prime Minister because now they can go about committing crime without the least bit of concern. At worst, they will serve a prison sentence at home. They will take a little break, drink a beer, watch Netflix, and then go back out on the street. They will not be out of commission for long. That is what is happening; we predicted it.

We said during debate that this was what was going to happen, as in the case of Bill C-75, and it is happening. It is happening now. None of the studies that were done prior to Bill C-5 and Bill C‑75 mention it. That is why we need to reopen the committee's study. We need to confirm what has been happening for the past two and a half years, since these two laws were passed and came into force. Crime has skyrocketed. If we do not, the current report might as well just sit on a shelf. It is really not up to date. Things have changed, and that is because the government has implemented completely stupid measures.

When it comes to firearms, Conservatives think that law-abiding citizens, sport shooters and hunters who have a licence and who are monitored should be left alone. First, Canada's laws are very strict. It is very complicated to own a gun. People who do own guns obey the law. Measures already exist. They are already in place. Why is the government attacking these people?

Second, we have to go back to the criminal side of things, strengthen the criminal laws, undo the laws that came out of Bill C-75 and Bill C-5, restore order in the Criminal Code to allow judges and police officers to do their work and apply justice that is reasonable and makes the streets safer. It is simple, really. The rest is political gobbledygook that I do not understand.

I was the Conservative Party public safety critic for three years. I heard people, Liberal and NDP colleagues, say all sorts of things. I wondered what planet they were living on. We are not dealing with the same reality. We might say that there are virtual realities in Canada. We do not all have two feet on the ground.

Let us come back to the report and the recommendations. The Conservatives' supplementary opinion was essentially what I am saying today. That is what we want. That is what police services want. The victims' groups I met with, who supported my Bill C‑325, do not understand what the government, backed by the other parties, has done. They want us to restore order to this country.

It is simple. Change the law. Restore order. Instead of buying back firearms from law-abiding citizens, put money into border control to help police services do their job. That will solve the vast majority of the problems in this country.

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

November 21st, 2024 / 10:25 a.m.


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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Madam Speaker, after nine years, the NDP-Liberals are not worth the crime or the chaos that they have unleashed on Canada's streets. This study on gun and gang violence was conducted back in 2022, two years ago. In rereading our common-sense Conservative recommendations and conclusions that were made at that committee and in that report, I see that everything we said at the time has come to pass. Liberal policies have done nothing to stop gun crime in this country. The legacy of the current Liberal government will be a weak justice system, the absence of good enforcement and a border that is leaking smuggled guns and stolen cars as it never has before. In fact, violent gun crime has increased by over 100% since the Prime Minister took office with the current government.

Now, the Prime Minister has been saying that he will ban the firearms of law-abiding Canadians while completely ignoring the crime wave that his government has unleashed with its soft-on-crime policies. After nine years, committing a crime and getting away with it has never been easier.

Professional organized criminals are taking note; they are taking full advantage of the government's soft-on-crime policies. Canada has become a massive exporter of stolen cars and a net importer of illegal firearms under the current Liberal government. At one time in 2022, there was a vehicle being stolen every five minutes in Canada, and we know what these stolen vehicles are used for. They are used to fund organized crime and international terrorism, as well as to finance the purchase of drugs and guns, which are wreaking havoc on our streets.

These sophisticated, industrial-level organized criminals are targeting Canada precisely because of the soft-on-crime policies of the government. Auto theft is not a victimless crime, despite what some have said. It is a crime that costs all Canadians because our insurance premiums go up; moreover, as we increasingly see, these desperate criminals are carjacking people's vehicles in broad daylight. In fact, in some cases, vehicles are being stolen with children sitting in the back seat. It is an absolute disgrace. Why does it only take $1 billion in insured losses in our auto-theft sector for the government to finally start taking action?

Conservatives have been consistent in calling out the Liberal government's abysmal record. In fact, back in 2022, at the public safety committee, we had the then chief of the Toronto Police Service come to testify about the government's gun buyback programs.

I asked the chief of police, “If the government's policy was that they wanted to buy hard drugs off the street [in a drug buyback] as a means to reduce the proliferation of drugs on the street, would that be an effective tool to get hard drugs off the street?”

This is what Chief Demkiw said: “I do not believe it would be an effective tool.”

To that, I responded, “Then why should it be effective for gun policy?”

His response was:

I would not suggest it was effective for gun policy. The City of Toronto's experience is that guns that are being used in crime are not from law-abiding citizens. They're guns being smuggled from the United States. Those engaged in handling those firearms are not law-abiding, licensed gun owners; they are criminals with no firearms licence.

That is coming from the Toronto chief of police. The Liberals have now squandered $70 million, and they are promising to spend over $1 billion more on this gun confiscation program. They have yet to seize a single firearm. Conservatives, experts and frontline police officers have all said that this is a flawed approach to crime on our streets.

Let us talk about this border under the Liberals. Conservatives have repeatedly said that this gun confiscation regime was useless. Taxpayer money needs to be spent on the technology and the manpower to secure our borders. The brave men and women of the CBSA have not been given the proper support by the government. At the public safety committee in 2022, the CBSA union representative said, “not only is Canada's ability to prevent smuggling lacking, but its capacity to gather reliable and sound data is also inadequate.” That is after nine years of the current Liberal government.

The Liberals can come here and talk about what the Conservatives did, but they have had nine years to take action, and this is what the CBSA union is saying today. Moreover, the representative said, “[T]here's...a zero per cent chance that any illegal weapons entering the country via rail will ever be found.” There is a huge gap at our border.

Canadians have lost faith. As we saw with numerous alleged cases of terrorists who crossed our borders in this past year alone, we have seen ISIS-inspired terrorists evade our borders. United States border statistics have shown that, in 2023, there were 484 matches on the U.S. terrorist watch-list at land ports of entry along the Canada-U.S. border. Since 2017, these numbers have gone up by 123%.

How many more of these terrorists are being allowed to cross the border from Canada into the United States? Why is Canada not taking action to protect our border and to assure our ally that we are taking the necessary actions needed not only to protect Canadians but also to protect our allies?

With crime and chaos skyrocketing, police unions have come out publicly. I have never seen such a thing. It is quite unprecedented. They have taken the step of calling out the government's failed record. I am just going to quote some of these police experts. We have the chief of Peel Regional Police, who said that “90 per cent of...firearms that we seize are directly traced back to the U.S.” and that “the remaining 10% are likely also from the U.S.” He also said, “The availability of firearms has just saturated the community”.

The Surrey Police union is saying, “The federal handgun freeze fails to address the real issue: the surge of illegal firearms coming across our borders”. The Toronto Police Association says, “What difference does [their] handgun ban make when 85 per cent of the guns seized by our members can be sourced to the United States?” The National Post says, “Peel Police are seizing an illegal gun...every 30 hours — an 87 per cent increase over the year prior.”

People can maybe say that they like the government's intent, but if we are judging it by the outcome of this policy, it has been an abysmal failure. In fact, back in 2022, when we had the previous minister of public safety come to committee, he was more concerned about Canadians who are going to the RCMP and the Canadian firearms program and getting their firearms licence than he was about stopping organized criminals from smuggling guns over our border and committing crimes in Canada. That just shows us what the priorities of the Liberal government have been after these last nine years.

Liberals prefer to go after law-abiding hunters, sport shooters and indigenous hunters rather than the real criminals, whom they are giving softer bail sentences to. They are cutting minimum sentences. They are not doing anything to stop the flow of illegal guns over our border or that of stolen vehicles leaving our country.

The Prime Minister's radical catch-and-release policies are allowing repeat violent offenders to avoid jail. Since the government passed Bill C-75 and Bill C-5, which gave a high priority to releasing repeat violent offenders and took away mandatory jail time for certain violent crimes, a crime wave has been unleashed across this country as a result.

Data shows that, in 2022, 30% of people who were murdered in Canada were killed by somebody who was out on bail. The outcome of these Liberal policies is shocking. Regardless of what we think about the Liberals' intent, the outcome has been an abject failure. Experts at committee have also said that 68% of car thieves in Ontario spend under six months in jail. These are the ideal conditions for organized criminals, who are carrying out violent crime on our streets, and our communities now offer a low risk but a high reward for criminals.

In conclusion, in 2015, our country was far safer than it is now. We have become a huge exporter of stolen vehicles. We have also become an exporter of fentanyl. Canada has become the top exporter of fentanyl to the country of Australia. It is absolutely shameful. Canada is becoming a playground for organized crime, and criminals are using our country's lax laws to commit mayhem, bringing crime, death and destruction across the world. This was not the case before the Prime Minister came into power, and it will not be the case after the Conservative government gets into power. We are going to axe the tax, fight the crime, get rid of the corruption and make our streets safe.

With that, I would like to move an amendment.

I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

“the third report of the Standing Committee on Public Safety and National Security, presented on Monday, April 25, 2022, be not now concurred in but that it be recommitted to the committee for further consideration, with a view to studying the rates of violent crime which have remained unacceptably high in the 31 months since this report was originally tabled, and updating the recommendations with proposals to stop the crimes which are creating far too many preventable tragedies, provided that, for the purposes of this study:

(a) the following be ordered to appear as witnesses, for at least two hours each, at dates and times to be fixed by the Chair of the committee, but no later than Tuesday, December 17, 2024:

(i) the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs,

(ii) the Minister of Justice and Attorney General of Canada; and

(b) it be an instruction that the committee

(i) hold at least four other meetings to receive evidence from law enforcement, victims' representatives, stakeholders and experts, proposed by the members of the committee,

(ii) invite representatives of the following organizations:

(A) the Toronto Police Association,

(B) the Surrey Police Union,

(C) la Fédération des policiers et policières municipaux du Québec,

(D) the Canadian Association of Elizabeth Fry Societies, and

(E) the John Howard Society of Canada, and

(iii) report its findings to the House by Friday, February 28, 2025.

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

November 21st, 2024 / 10:15 a.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, unfortunately, the member for Winnipeg North was not listening to my remarks. I was talking about Bill C-75, which was passed by the Liberals with support from the NDP in 2019. That is what caused all of the mayhem that police are now having to deal with. The member is talking about Bill C-48. Bill C-48 was a seven-page bill in contrast to Bill C-75 that was 200 pages. It was a measly effort for the Liberals to say they were doing something about bail. That passed well over a year ago and it obviously has done nothing to help.

In fact, if the member does not believe me, as he is saying I am spreading misinformation, let us hear from the Toronto Police. I will just conclude on this. The Toronto Police Association, which represents 8,000 police officers, said, “ Our communities are experiencing a 45% increase in shootings and a 62% increase in gun-related homicides compared to this time last year. What difference does your handgun ban make when 85% of guns seized by our members can be sourced to the United States?” It continued with, “Your statement is out of touch and offensive to victims of crime and police officers everywhere.” That is what the police say to the Liberal government.

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

November 21st, 2024 / 10:05 a.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, I move that the third report of the Standing Committee on Public Safety and National Security, presented on Monday, April 25, 2022, be concurred in.

I will be splitting my time with the member for Sturgeon River—Parkland.

Today, we are discussing a report from the public safety and national security committee about guns and gangs, and frankly, we have been on this for quite some time. We began this study over three years ago, and boy oh boy have things gone downhill since then regarding gangs, guns and gun violence in this country. In fact, over the last nine years of the Liberal government, gun violence has gone up 116%, despite all of the announcements and all of the promises. We see that every day in the headlines.

Violent crime has doubled in the past nine years. Sexual assaults are up 75%. Sexual violations against children are up 120%. Canadians may be wondering why their once safe neighbourhoods have become havens for criminals. Why do we keep hearing announcements from the Liberals that something will be done about gun violence yet it is getting worse?

One of the reasons is the soft-on-crime legislation the Liberal government continues to bring forward. In 2019, the Liberals brought forward Bill C-75, which was specifically to reform the bail system. Members may have heard about the bail system from police and premiers across the country, because in the last few years, police associations, police unions and premiers from every political stripe have been screaming for change from the Liberal government. Of course, that has been falling on deaf ears.

They are demanding bail reform because it is exhausting our police services. They are unable to keep up and keep our communities safe because of the catch-and-release policies brought forward by Bill C-75. They are rearresting the same repeat violent offenders every other day, who are apparently going without being held accountable under the current Liberal government. We can see that right in the legislation. The aim of Bill C-75 was to bring forward the least onerous conditions for bail. In essence, it made bail the default position for violent repeat offenders.

That was in 2019. Here we are a few years later, and the impacts of that legislation have really come home to roost. Gangs and those committing violent gun crime in our communities are getting off scot-free in the revolving door of the so-called justice system under the Liberal government.

That same year, we saw Bill C-83, which made changes to the parole system so that it was least restrictive. Some people may wonder what all these things mean. These are legal terms. Unless they are a Crown prosecutor, it is difficult to understand them. For Bill C-83, I will talk a bit about what the Harper government was doing. Remember that under the Harper government, violent crime went down 26% and there was a decrease in gun violence in Canada. However, since the Liberals have come in, there has been over a 50% increase in violent crime and, as I said, over a 100% increase in gun violence.

If we look at Bill C-83, we see the priority for parole. Again, this is about violent offenders in jail with reason: They have committed atrocities in neighbourhoods, have hurt innocent people, have used guns illegally and have been involved in gangs causing crime and chaos in our streets. Under the Harper government, the parole parameters were as follows:

the Service uses measures that are consistent with the protection of society, staff members and offenders and that are limited to only what is necessary and proportionate to attain the purposes of this Act

The number one priority under Harper, under a tough-on-crime government that saw a decrease in violent crime among parolees, was for Correctional Services to use “measures that are consistent with the protection of society”. Under Bill C-83, under the Liberals, this was changed to the following:

the Service uses the least restrictive measures consistent with the protection of society, staff members and offenders

The first priority became the least restrictive measures. That is important in a legal context. That signals to the Parole Board, corrections, judges and lawyers that the priority is the least restrictive measures.

Bill C-83 also facilitated, as we have heard, the movement of folks from maximum to medium to minimum security. For example, with Paul Bernardo, we have heard a lot about this in the last year. Bill C-83 helped facilitate his move from maximum security, where he should spend the rest of his days, to medium security. This bill has further permitted actions like that.

These bills have an impact. We debated them. The Conservatives fiercely fought these bills. We said this was going to happen and, of course, it did happen.

Since I have been elected, Bill C-5 has passed, in 2022. This bill, astoundingly, had soft-on-crime measures for criminals committing violent acts with guns. It removed mandatory prison time for individuals who commit drive-by shootings, robbery with a gun and extortion with a gun, or who discharge a firearm with intent to injure or use a firearm in the commission of an offence. All of these things had mandatory prison time. Someone who did a horrible crime and endangered their neighbourhood and community would go to jail for sure. They would be removed from society for a while, and rightly so, but Bill C-5 took away that requirement and, in fact, codified house arrest for a number of offences, like sexual assault. Someone can rape someone and serve their sentence in the comfort of their home. The priority of the Liberal government in bill after bill is making parole and bail easier to get for violent offenders and having less accountability and less jail time for people who commit gun crime.

We now have police associations across the country calling out the Liberals for their lack of action. Actually, that is not true. They have done a lot of things, have they not? They have done a lot of things on guns, but what they have not done is gone after the people responsible for gun violence. They have gone after people like me and the colleagues behind me, law-abiding citizens with firearms, which have been in Canada since its inception. They are part of our heritage of hunting and sport shooting and competing in the Olympics, and represent national pride.

That has been the target for the Liberals over the last nine years, people like us, innocent, law-abiding Canadians. They are the least likely to commit crime. Why is that? They are heavily vetted by the RCMP. They are tested. They are trained. We should take pride in our system, which ensures that only lawful, responsible people can own firearms. That is how it should be, yet those people have been the targets and punching bags, repeatedly, of the Liberal government.

Over and over, the Liberals fought election platforms targeting these people. Our hunters, like Grandpa Joe with his hunting rifle, have been the number one target of the Liberal government over the last nine years. Gang violence is up, violent crime is up and gun violence is up, and meanwhile, legislation after legislation is coming after lawful gun owners. That is going to cost the taxpayer billions of dollars.

We know about the Liberals' so-called buyback program, which is a misnomer because they are not buying back anything but confiscating lawfully owned property from lawful Canadians. So far, their confiscation regime has not taken one firearm from the hands of criminals and has already cost the taxpayer $100 million. It will purportedly cost, when all is said and done, as high as $6 billion. That is to go after Grandpa Joe while the Liberals, with their legislation, let criminals in and out of jail, with no jail time in many circumstances, and out early if they do finally get to jail for committing violent gun crime.

That is the priority of the Liberal government. That is why we are in this situation today. Those in Brampton, for example, see headlines every single day. The police, who are on the front lines risking their lives every day to protect society, saying goodbye to their families in the morning and praying that they come home, have to face these gangbangers every day. They know them on a first-name basis because they have arrested them so many times.

What are the police saying? They are saying that 85%, minimum, of the firearms and handguns smuggled in from the United States are being used in crimes. That is where the problem is coming from: violent criminals smuggling guns into Canada from the United States. We need to do better at our border. We need to ensure that police are being invested in. We need to ensure that legislative tools are being put in place that finally hold criminals accountable after getting off scot-free over the last nine years.

Ultimately, we will have a lot of work to do should the Conservatives get into government in the next number of months. Priority number one is going to be to stop the crime, cut taxes, of course, and finally make life more affordable. Stopping the crime is going to be a top priority for our government, finally holding criminals accountable. That is our mission, and we will fulfill that for communities and keep them safe.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 20th, 2024 / 6 p.m.


See context

Conservative

Brad Redekopp Conservative Saskatoon West, SK

Madam Speaker, I rise once again to address the sweeping corruption that grips the NDP-Liberal government here in Ottawa. Parliament is consumed with the issue of the Liberal government refusing to turn over unredacted documents to the RCMP for a criminal investigation.

These documents pertain to Sustainable Development Technology Canada, better known as the green slush fund. I have already spoken extensively on this issue, as did the Auditor General, I may add, so I am in good company. I encourage everyone to check out my Facebook and Twitter feeds to see my deep dive into the green slush fund and other Liberal criminal wrongdoings. For example, in today's case, these documents have been blotted out by the Liberals and, as a result, the police are at a standstill, but is this a surprise? In our country, police investigations of possible wrongdoing and criminal activity are not just esoteric questions confined to the Prime Minister and his cadre of NDP advisers. Crime is real.

The government may not take crime seriously, something they are demonstrating here by failing to provide to the RCMP documents that may very well hide criminal actions and connections to Liberal insiders, potentially even Liberal MPs or ministers, but crime is a crisis gripping our nation. It is a crisis that affects every community, family and Canadian.

I am speaking about the devastating convergence of drugs and crime, two interconnected issues that have spiralled out of control under the NDP-Liberal government's watch. This crisis is not about abstract statistics. It is about real people. It is about the family grieving the loss of a loved one to a fentanyl overdose, the shopkeeper who no longer feels safe in their store and parents who are afraid to let their children play in local parks because of discarded needles and drug paraphernalia. This is a crisis that touches all of us, and it demands immediate, decisive action.

For too long, the Liberal government, propped up by its NDP allies, have implemented reckless ideological policies that have not only failed to solve these problems but also made them worse. Their so-called evidence-based approaches have emboldened criminals, exacerbated addiction and left Canadians feeling less safe in their own communities. It is unacceptable. The Conservative Party offers a clear, common-sense alternative. We believe in holding criminals accountable, in prioritizing recovery over enabling addiction and ensuring that every Canadian can feel safe in their home, their neighbourhood and their workplace. All of this is against the backdrop of a government that commits scandal after scandal.

This discussion here today is only the latest one, which is the refusal of the government to provide the unredacted documents to the RCMP so it can determine if there were actual crimes committed. When we have a federal government so quick to bend the rules, and possibly even commit crimes, is it any wonder that we have a larger crime and drug problem in this country?

To address this crisis effectively, we must begin by understanding the root causes. Drug addiction and crime are deeply intertwined, each fuelling the other in a vicious cycle that devastates individuals, families and communities. The opioid crisis is a prime example. Since 2015, Canada has seen an explosion in opioid-related deaths, driven by the rise of synthetic drugs, such as fentanyl. These substances are cheap, potent and deadly. Between January 2016 and September 2022, over 35,000 Canadians lost their lives to opioid overdoses. In my home province, the Saskatchewan Coroners Service recorded eight deaths by fentanyl poisoning in 2016. Deaths by fentanyl poisoning peaked at 272 in 2021, during COVID, and levelled out at 252 in 2023.

Addiction is not just a personal struggle. It is also a societal failure. The current government's response has been to normalize and enable drug use through policies such as safe supply and harm reduction. These programs are based on the flawed assumption that addiction is a permanent condition that cannot be overcome. This defeatist mindset ignores the potential for recovery and consigns individuals to a life of dependency.

At the same time, our justice system has been systematically weakened. Bills such as Bill C-75 and Bill C-5 have prioritized the rights of offenders over the safety of law-abiding citizens. These laws have made it easier for repeat offenders to obtain bail, have reduced sentences for violent crimes and have eliminated mandatory minimums for serious offences. The result is a justice system that no longer serves justice. We cannot afford any more years of inaction or misguided ideology.

It is time to chart a course built on accountability, safety and recovery. These are important words. We need accountability here in Ottawa, like today as we debate this motion on the green slush fund and the possible criminal wrongdoing of the NDP-Liberal government in funnelling money through the green slush fund. Why do I say “possible wrongdoing”? Well, it is because the Liberals are blocking this Conservative motion to release the unredacted documents necessary for the RCMP to investigate.

It is amazing that the Liberal Party has prioritized itself and its own selfish needs over the safety of Canadians, selfish needs like funnelling government cash to their friends through the green slush fund. How do I know that? Well, just look at the Liberals' legislative record when it comes to criminal matters.

The NDP-Liberals passed Bill C-5, which purposely took accountability and punishment out of the courts. Since the passage of Bill C-5, violent crime and drug-related offences have skyrocketed. Repeat offenders, no longer deterred by the threat of significant prison time, have become more brazen. Police officers across the country report increased difficulty in keeping dangerous individuals off the streets, knowing they will likely be released with minimal consequences. Simply put, Bill C-5 replaced prison sentences with conditional sentences, better known as house arrest, for crimes like sexual assault, kidnapping, human trafficking, stealing cars, breaking and entering, arson, assault with a weapon, assaulting peace officers, and trafficking in dangerous narcotics and drugs.

The introduction of house arrest for these serious crimes is quite troubling. House arrest may be appropriate for minor, non-violent offences, but it is entirely inadequate for crimes like sexual assault, kidnapping or drug trafficking. This policy not only fails to hold offenders accountable, but also places an undue burden on victims and their communities. Imagine the trauma of knowing that one's assailant is serving their sentence just blocks away from one's home. One particular harrowing example is the case of a violent offender released on house arrest who subsequently commits additional crimes. This revolving door justice system undermines public trust in the legal system and places innocent Canadians in harm's way. That is why we need accountability restored to our criminal justice system.

Unfortunately, accountability is lacking in this justice system, which is why common-sense Conservatives brought forward the motion we are debating today to turn this criminal matter over to the RCMP. Indeed, common-sense Conservatives have put forward strong policy proposals on criminal justice matters since the last election. Perhaps the government, which is so intent on avoiding accountability around the criminal wrongdoings of the green slush fund, as well as everyday, common-sense Canadians, would like to hear about them. Perhaps this could distract from other conflicts of interest.

Conservative members have introduced numerous private members' bills designed to correct the failures of Bill C-5 and address the broader issues plaguing Canada's justice system. First, Bill C-299, the strengthening penalties for sexual exploitation act, seeks to increase the maximum penalty for offences like human trafficking and child exploitation to life imprisonment. While the Liberals redacted their scandals, we introduced Bill C-321, the protecting first responders and health care workers act, which proposes harsher penalties for assaults against first responders and health care workers. While the Liberals hid their wrongdoing with redacted documents, we introduced Bill C-394, the restoring mandatory sentences for drug trafficking act, which would reinstate mandatory jail time for criminals involved in producing, importing and trafficking dangerous drugs like fentanyl and cocaine. These bills tackle the root causes of rising crime. Rising crime requires urgent solutions, yet the Liberal government chooses in the House to defend redacted records and questionable spending on the green slush fund rather than tackling the root causes of crime.

These next two Conservative bills would make sure that criminals stay in prison and do not revictimize people over and over again. Bill C-325, the ensuring dangerous offenders stay behind bars act, would prohibit dangerous repeat offenders from serving sentences in the community. Bill C-296, the respecting families of murdered and brutalized persons act, would ensure that individuals convicted of heinous crimes, such as the abduction, sexual assault and murder of the same victim, serve life sentences without parole for up to 40 years.

There is more. While the Liberals were giving money to their friends and hiding the evidence in these redacted documents, we introduced Bill C-351 to end least restrictive conditions for dangerous offenders, which would ensure that prisoners are confined under conditions necessary for public safety rather than trying to make criminals feel more comfortable. This change would keep dangerous individuals like Paul Bernard, in maximum-security facilities where they belong. I spoke to this bill when it was debated in the House, and the other side voted it down, voting in favour of Paul Bernardo.

These private members' bills reflect the core principles of the Conservative Party's broader justice reform agenda. Canadians can count on Conservatives to stop the erosion of public trust in the criminal justice system. The erosion of public trust caused by increasing crime mirrors the corruption and opacity surrounding the green slush fund, both of which harm the fabric of Canadian society, which is my point here today. If the Liberals would simply hand over the unredacted documents, we could get on with business here in Ottawa. We could get on with the important things Canadians are demanding, and one of those things is stopping crime.

Our Conservative plan to stop the crime includes the following pillars.

Number one is restoring mandatory minimum sentences for violent crimes, drug trafficking and serious sexual offences. Mandatory minimum sentences are essential to ensure accountability and public safety.

Number two is implementing jail, not bail. Repeat violent offenders would no longer be released back into the community on bail. We would prioritize the safety of law-abiding Canadians over the convenience of criminals.

Number three is expanding treatment and recovery options. A Conservative government would invest in detox and rehabilitation programs, ensuring that individuals struggling with addiction have a path to recovery.

Number four is supporting law enforcement. We would provide police with the tools and resources they need to combat organized crime and drug trafficking effectively. This includes reversing the NDP-Liberal government's restrictions on law enforcement powers under Bill C-75.

Number five is enhancing victims' rights. Conservatives would ensure that victims of crime are treated with the dignity and respect that they deserve. This includes greater transparency in parole decisions and increased support for victims and their families.

It is important that Canadians understand the Conservative approach to these criminal matters, such as the possible criminal wrongdoing that we are debating here today. Today, we are debating documents that, once this Conservative motion is adopted, will allow the RCMP to conduct a proper and formal probe into NDP-Liberal actions around the so-called green slush fund. Unfortunately, the Liberals have chosen to paralyze Parliament rather than adopt our common-sense motion and release those documents.

While Conservatives propose common-sense solutions, the NDP-Liberals engage in one misguided policy decision after another, and the consequences of misguided NDP-Liberal policies are clear. Violent crime in Canada has increased by 39% since 2015. Homicides are up 43% and gang-related murders have more than doubled. In Toronto, sexual assaults have risen by over 11% in the past year alone. The link between drugs and crime is undeniable. Drug users desperate to fund their habits often turn to theft, burglary and other crimes. Organized crime groups capitalize on this desperation, using drugs as a tool to trap individuals and expand their influence. Public Safety Canada has stated that the illegal drug trade is a key driver of gang violence and organized crime.

The situation is particularly dire in British Columbia, where the government's experiment with decriminalization and harm reduction has backfired catastrophically. Drug overdose deaths in the province have increased by 380% since 2015, and this year alone, B.C. is on track to recording more overdose deaths than in any previous year. The evidence is clear. These policies are not working. The human cost of this crisis cannot be overstated.

Canadians are paying the price for the NDP-Liberal government's failed policies in very real ways. In Saskatoon, the police department's crime map reveals a city increasingly plagued by violence, theft and drug-related offences. Parents in neighbourhoods like Riversdale and Fairhaven tell me that they are afraid to let their children play outside. Small business owners report break-ins and vandalism at unprecedented levels.

The opioid crisis has also placed an enormous burden on our health care system. Emergency room visits for overdoses have skyrocketed, straining resources and diverting attention from other medical emergencies. First responders, already stretched thin, are now dealing with an epidemic of overdoses and drug-related violence. The emotional toll on these frontline workers is immense. It is an emotional toll that comes from the challenges of crime gripping our communities. This emotional toll reflects the consequences of a government more focused on rewarding insiders through the green slush fund than on ensuring the safety and well-being of Canadians.

Let me repeat the sad statistic of the green slush fund. The Auditor General found 186 cases where board members doled out $400 million with clear conflicts of interest. The Liberals were taking taxpayer money and giving it to their friends and each other. That is shameful.

An emotional toll is being paid by Canadians, who are suffering through the current government of the costly NDP-Liberal Prime Minister. The NDP-Liberals have wasted billions of dollars of Canadians' money on wasteful so-called green projects through Sustainable Development Technology Canada. The sad truth is that it is being funded through Canadians' carbon tax dollars.

All common-sense Canadians know that when we slap a massive carbon tax on the farmer, then on the transport truck bringing the food to grocery shelves and then on the grocery stores themselves, the price of food goes up. It is called inflation, and boy have Canadians suffered through inflation because of the carbon tax. It is simple: Canada is in crisis. Food Banks Canada's 2024 HungerCount report highlights this stark reality. In Saskatchewan, food bank usage has surged by 42% since 2019. Alarmingly, 23% of food bank users in the province are two-parent families and 18% are employed. It is a glaring sign that something is deeply wrong when hard-working Canadians cannot afford basic necessities.

This crisis is not limited to Saskatchewan; it is a nationwide issue. Since last year, business bankruptcies have climbed 16% while personal bankruptcies are up 14%. Do members know who is not starving? It is the NDP-Liberal insiders, who have funnelled millions of dollars of cash into their pockets from SDTC. That is who. Families and business alike are struggling under the weight of skyrocketing costs and failing policies. The Prime Minister's sunny ways of 2015 have turned into a storm of economic disaster, and it is clear that the government is not worth the cost.

That is why Conservatives have a plan to restore hope and opportunity. We will axe the tax to lower costs for families. We will build the homes that Canadians desperately need. We will fix the budget to end inflationary spending and we will stop the crime that threatens our communities. Canadians are ready for a change, and it is time for an election to bring it home. Conservatives are ready to fix what is broken and restore a brighter future for all.

Fixing the budget is part of the solution to increase public trust right here in Canada. Fixing the budget means respecting the demand of Parliament and finally releasing the documents about Sustainable Development Technology Canada, the so-called green slush fund. By releasing the documents to the RCMP, it can address the criminal aspects of this matter, because crime is crime. It does not matter if it is committed in the House by the government or on the street. Crime makes Canadians less secure. While crime rates surge across Canada, it is alarming that the government continues to block transparency around public funds, funnelling taxpayer dollars into dubious projects like this green slush fund instead of addressing public safety.

The Conservative Party offers a clear, common-sense plan to address the twin crises of drugs and crime. Our approach is rooted in three pillars: accountability, recovery and prevention.

First and foremost, we must restore accountability in our justice system. A Conservative government will repeal Bill C-75 and bring back mandatory minimum sentences for violent crimes. These measures will ensure that dangerous offenders are kept off the streets and that justice is served. We will also implement a jail-not-bail policy for repeat violent offenders. Canadians deserve to know that individuals who pose a threat to public safety will remain behind bars while awaiting trial. Restoring such accountability is one step toward a brighter future that must not only stop the crime, but also address the NDP-Liberal government's disregard for fiscal responsibility, epitomized by the green slush fund scandal, which diverted resources from public safety.

We will also prioritize recovery over enabling addiction. The current government's safe supply program has been an unmitigated disaster, with up to 90% of prescribed drugs being diverted to the black market. The Conservative government will end this program and redirect funding to treatment and recovery initiatives. We will expand access to detox and rehabilitation programs, working with provinces to increase the number of treatment beds and support recovery-oriented systems of care. Programs like the Saskatoon drug treatment court, which offers alternatives to incarceration for non-violent offenders struggling with addiction, are good examples to follow.

Finally, we will invest in prevention. This includes supporting law enforcement efforts to dismantle organized crime networks and reduce the supply of illegal drugs. It also means educating young Canadians about the dangers of drug use and providing at-risk communities with the resources they need to thrive. How can Canadians feel secure when their government prioritizes schemes like the green slush fund over investments in policing and justice reform?

The crisis of drugs and crime demand immediate and decisive action. Canadians are tired of living in fear. They are tired of a government that prioritizes ideology over safety, that experiments with their lives rather than protecting them. They are tired of a government that gives their hard-earned tax dollars to Liberal friends and insiders and covers it all up by refusing to release the documents to the RCMP.

The Conservative Party is ready to lead. We will end the failed policies of the past decade and implement a common-sense approach to crime that prioritizes safety, accountability and recovery. We will bring back mandatory jail time for violent offenders, end taxpayer-funded drug dens and invest in treatment and prevention programs that actually work.

It is time to bring it home. It is time to restore safety to our streets, hope to our communities and dignity to every Canadian. I urge my colleagues in the House to join us on this mission. Together, we can build a safer, stronger Canada.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 7th, 2024 / 5:30 p.m.


See context

Conservative

Tony Baldinelli Conservative Niagara Falls, ON

Madam Speaker, at a time when Canadians are struggling to put food on their tables, when the dream of home ownership in Canada is just that, a dream for many young Canadians, and when our country is plagued by so many other serious challenges brought upon us by the failed policies of this incompetent and reckless NDP-Liberal government, here we are again this afternoon continuing debate on the government's failure to live up to its responsibilities and the Speaker's order to produce important documents pertaining to the Sustainable Development Technology Canada green slush fund scandal. In fact, this is my second time speaking to this important issue.

Today, I am here debating the amendment that would replace the reporting date of Friday, November 22, with the following: “the 30th sitting day following the adoption of this order”. This change makes sense given the uncertainty around when debate on this important issue will finish. No one knows for sure when that will be, but the Conservatives are doing our part in holding this corrupt Liberal government to account until it hands over the ordered and unredacted SDTC documents to the RCMP.

While Friday, November 22, sounds far away, it is in fact just around the corner when we consider that Remembrance Day is on Monday, and next week all members of Parliament will be in their constituencies catching up with their constituents, local stakeholders and their families. By the time we return to this place, it will be November 18, and November 22 is that Friday.

When November 22 was first proposed in the motion, no one could have imagined we would be continuing to debate this issue in the House of Commons. Back then, it sounded like a reasonable and realistic date to set as a deadline. However, the Liberal government has dug in its heels and is refusing to budge. That is how Canadians watching from home know that the Liberals are hiding something, and that something must be very concerning. That is why we are here today to hold this corrupt government to account.

It dismays me greatly that since the first time I debated this subject a few weeks ago, the Liberals have still not done what is right and handed over the ordered and unredacted SDTC documents to the RCMP. Consequently, the House of Commons remains seized by this issue and paralyzed from moving on from it.

For those watching at home, I will note that SDTC was established by the Government of Canada in 2001. As a federally funded foundation, it was responsible for the approval and disbursement of over $100 million annually in taxpayer funds to help Canadian companies develop and deploy sustainable technologies. For many years, SDTC operated responsibly and earned a generally good reputation for its work. However, that all changed in 2019 when former Liberal industry minister Navdeep Bains appointed Annette Verschuren as chair of SDTC. The issue at hand was a matter of conflict of interest. Verschuren was an entrepreneur who was already receiving SDTC funding through one of her companies, and then she was appointed by the NDP-Liberal government to hold responsibilities in overseeing the very same SDTC funds that her company was receiving.

That fact alone should have sounded alarm bells and set off flashing red lights to alert everyone in the government about the obvious conflict of interest at hand. In fact, it was no secret. The minister, the Prime Minister's Office and the Privy Council Office all knew, and they were warned of the risks associated with appointing a conflicted chair. However, those warnings fell on deaf ears and there was indifference, as Verschuren was appointed by the Liberal minister anyway. How can we tell that a government has lost its moral compass? It is when it makes poor decisions like this one without concern for doing the right things and without fear of consequence.

Only two years later, in January 2021, Minister Bains announced that he had decided to step away from politics and not run again in the upcoming federal election. That same year, SDTC entered into a five-year, $1-billion agreement with the Department of Innovation, Science and Economic Development. Fast-forward to the fall of 2024, and it is clear that the Liberals are trying desperately to run away and wash their hands of this mess, one they laid the foundation for through their own actions, and especially after the Auditor General released a scathing report about SDTC in June 2024.

The AG found massive issues at SDTC, which resulted in the current Minister of Industry, the hon. member for Saint-Maurice—Champlain, abolishing the SDTC and immediately transferring its funds over to the National Research Council of Canada. These are truly astonishing developments in just three years for something the Liberal government does not want to talk about anymore.

What did the AG find that was so bad to cause all this carnage? In June 2024, the AG found that SDTC demonstrated “significant lapses in governance and stewardship of public funds”. Nearly 20% of the SDTC projects examined by the AG were in fact ineligible, based on the government's own rules for funding, with a total price tag of $59 million. There were also 90 instances where the SDTC ignored conflict of interest provisions while awarding $76 million to various projects. Indeed, the AG found 63 cases where SDTC agency directors voted in favour of payments to companies in which they declared interests. Further, there were serious matters of governance, including the fact that the board did not have the minimum number of members required by law.

The report concluded: “Not managing conflicts of interest—whether real, perceived, or potential—increases the risk that an individual’s duty to act in the best interests of the foundation is affected, particularly when making decisions to award funding.” It also blamed the government's Minister of Industry, whose ministry did not sufficiently monitor the contribution agreements with SDTC.

Believe it or not, it gets far worse. Since June, the Auditor General found that directors had awarded funding to projects that were ineligible and where conflicts of interest existed. Over $300 million in taxpayer money was paid out in over 180 cases where there was a potential conflict of interest, with Liberal-appointed directors funnelling money to companies they owned.

Time after time, this Liberal government and its Prime Minister have shown total contempt for Canada's ethics laws. In fact, the Prime Minister himself has been the subject of three ethics investigations and was found guilty of breaking ethics laws twice. The Liberal government allows the culture of law-breaking to persist, as six Liberals have been found guilty of breaking ethics laws. Liberals have gone through these ethical scandals before. That is why they are withholding these documents, breaching parliamentary privilege and trying desperately to sweep this mess under the rug and move on to the next thing. However, common-sense Conservatives are not going to let them get away with it.

The Conservatives are holding the corrupt NDP-Liberal government to account. It will be held responsible for its carelessness, recklessness and corruption. This is why, on June 10, 2024, the House of Commons adopted the following motion proposed by common-sense Conservatives on this matter. The motion read:

That the House order the government, Sustainable Development Technology Canada (SDTC) and the Auditor General of Canada each to deposit with the Law Clerk and Parliamentary Counsel, within 30 days of the adoption of this order, the following documents, created or dated since January 1, 2017, which are in its or her possession, custody or control.

The motion then details what documents were to be supplied and then directed that “the Law Clerk and Parliamentary Counsel shall provide forthwith any documents received by him, pursuant to this order, to the Royal Canadian Mounted Police.”

This common-sense Conservative motion passed with the support of the New Democrats, Green Party and Bloc Québécois. Only the Liberals opposed it. To be clear, nothing in the motion orders the RCMP to conduct an investigation. The House is simply asking that the documents be turned over to the RCMP.

Thirty days came and went, and instead of complying with the adopted motion, federal departments outright refused the House order or provided heavily redacted documents, citing provisions in the Privacy Act or the Access to Information Act. This is not a good look. Nothing in the House order contemplated redactions to documents being made by the government. The House of Commons enjoys the absolute and unfettered power to order the production of documents, which is not limited by statute. These powers are rooted in the Constitution Act of 1867 and the Parliament of Canada Act.

In response to the NDP-Liberal government's failure to produce these documents, the Conservative House leader raised a question of privilege, rightfully arguing that the House privilege had been breached due to the failure to comply with the House order.

On September 26, the Speaker issued a ruling on the question of privilege raised and found the privileges of the House had in fact been breached. Now, nearly a month later, we continue our important debate on this matter today and continue our demands for the Liberal government to provide the RCMP with the unredacted SDTC documents. The Speaker has ruled the government has violated a House order to turn over evidence to the RCMP in its latest $400 million green slush fund scandal.

The NDP-Liberal government's refusal to respect the ruling has paralyzed Parliament, pushing aside all other work to address issues such as the cruel and crippling carbon tax, the cost of living crisis that Canadians face for food and shelter, and the increasing crime, disorder and chaos in our streets and in our communities and cities.

This is happening at a time when the costs of food, fuel and shelter are all up and millions of Canadians are having to line up outside food banks just to survive. Sadly, as Canadians continue to struggle, life for well-connected Liberals and insiders has never been so good.

One of the drivers of this hardship is the cruel NDP-Liberal carbon tax. In fact, this carbon tax will cost the average Ontarian $903 this year. This is completely unacceptable to the constituents in my communities of Niagara Falls, Niagara-on-the-Lake and Fort Erie, who work hard for their money, who save carefully for their futures and who dream of a better tomorrow.

Instead of doing anything about climate change, the NDP-Liberal carbon tax is impoverishing Canadians. Recently, the PBO confirmed Canadians will suffer a net cost, paying more in the carbon tax than they will ever get back in rebates. Unfortunately, the NDP-Liberal government does not care. Instead of giving Canadians the tax relief they deserve, they hiked the carbon tax by 23% last spring as part of their plan to quadruple the carbon tax by 2030. It turns out the carbon tax is not a tool to fight climate change like the Prime Minister argues; it is just another tax grab. Canadians can add it to the long and growing list of Liberal-NDP taxes they already pay including the income tax, sales tax, excise tax, underused housing tax, property tax, capital gains tax and more.

After listing all those taxes, it is easy to see why Canadians are getting poorer. It is because the government is taking more of their hard-earned money away. The SDTC scandal is also happening at a time when the cost of food is up. In fact, food will cost families $700 more this year than it did in 2023. That is because when we tax the farmer who grows the food; the trucker who ships the food; and the store that stocks, stores and sells the food, we end up taxing the family who buys the food.

As Sylvain Charlebois, Canada's “food professor”, who serves as director of Dalhousie University's agri-food analytics lab has said that the costly NDP-Liberal carbon tax “likely adds a significant cost burden to the Canadian food industry.” When it comes to food, Canadians are going hungry. That is evident by the massive surge in demand and need for food banks. Food bank usage has increased every year the NDP-Liberal government has been in office, because its inflationary spending and punishing carbon tax have hiked up the price of groceries, causing Canadians to skip meals, eat less healthy food and rely on food banks to survive.

This was confirmed recently by Feed Ontario, which revealed that a record “one million people visited a food bank in Ontario” in 2024. This is a dramatic increase of 25% from the previous year. In fact, Feed Ontario's CEO told media, “I never thought I would see this day.” Feed Ontario's CEO went on to say, “I've been with the organization for almost 15 years.... I never thought we would reach a number so high....” The CEO could not believe that we reached a point where numbers were so drastically high.

Across Canada, food banks reported earlier this year that they had seen a 50% increase in visits since 2021, with food banks handling a record two million visits in a single month in 2023. Of the people visiting food banks in Ontario, one in three visitors are children. One in six adults visiting food banks are unemployed. The NDP-Liberal government cost of living crisis has become so severe that even working Canadians are having to depend on food banks to get by. These numbers also reflect what is happening across Niagara.

We can try to wrap our heads around some of these statistics from Project Share, which serves vulnerable residents in Niagara Falls. Last year, Project Share saw a 20% increase in people served, compared to to the previous year. There were 4,740 people who accessed its services for the first time. On average, 120 families per day access its essential support services. There were 13,995 people served last year, which equates to one in seven residents of Niagara Falls having accessed its essential support services.

We should be debating these issues, and we could if the government simply abided by the Speaker's ruling and provided the documents the House requested. Why are government members so hesitant to do what is right? Is it that they do not want to speak to the situation facing young Canadians and first-time homebuyers, which is so bad that the Canadian dream of home ownership is dying? Two-thirds of young people believe they will never be able to afford a home.

Canadians see this housing crisis most tragically in our streets, where there are now 1,800 homeless encampments across Ontario and thousands more across the country. Time after time, the NDP-Liberal government has promised to fix the housing crisis, but the Canada Mortgage and Housing Corporation has been clear that the number of new homes being built is not enough to reduce the existing supply gap and improve affordability for Canadians.

Crime is also getting worse under the watch of the NDP-Liberal government, and perhaps again this is why it refuses to hand over these documents, so we cannot debate these issues that are so important to all constituents.

Since 2015 when the Liberals formed government, the number of auto thefts skyrocketed by 45%, violent crime has increased 50%, human trafficking is up 73% and hate crimes have increased by 251%. Just recently, the Toronto Police Association had to come out publicly and fact-check the Prime Minister.

The reality is the Liberals' soft-on-crime approach is making life easier for violent criminals by repealing mandatory minimum sentences for gun crimes with Bill C-5, making it easier to get bail with Bill C-75 and failing to stop the flow of illegal guns across the U.S. border.

These issues I noted are all pressing issues parliamentarians should be debating, but the House of Commons is seized because the government is refusing to comply with the House order to hand over SDTC documents to the RCMP.

Canadians are suffering great hardship after nine years of the NDP-Liberal coalition. The country is headed in the wrong direction, and we are all worse off than we were 10 years ago.

The Speaker has ruled that the government has violated a House order to turn over evidence to the RCMP about its latest Liberal $400-million green slush fund scandal. The Liberal government's refusal to respect the ruling has paralyzed Parliament, which is pushing aside all other debate. It is time for the Liberals to end their corrupt cover-up and provide the ordered documents to the police so Parliament can get back to work and Canadians can have the accountability they so rightly deserve.

Blaine Calkins Conservative Red Deer—Lacombe, AB

Minister, it's simply not true. Your government has spent millions of dollars to confiscate the firearms, the lawfully owned property of vetted firearms owners across this country. Tens of millions of dollars have been spent so far. Millions more will have to be spent in order to achieve your goal to take property away from people who are simply not the problem, and yet your government has continued to pass legislation to make it easier for people to get out on bail, to make it easier for people to get out on parole. Even with the recent bill, I will applaud the fact that the only thing your government has done to unite the country is that the premiers of every province have written a letter saying that they would like you to reverse the bail provisions that your government made in Bill C-75.

You continue to focus on the wrong people, Minister, which is who you're focusing on right now. I know this because I am intimately involved in the community. I am a hunter. I am an outdoorsman. I have actually been a law enforcement officer in the conservation enforcement field. I deal with people with firearms all of the time, and they will tell me, and your Prime Minister has even said in interviews, that they're going to confiscate some of the guns that are being used by hunters.

Your leader is even being trolled by police associations. When he celebrated the two-year handgun freeze transfer, Toronto Police and Vancouver Police basically said that everything your government is doing to reduce gun violence and the optics of going after law-abiding citizens is not working.

When will you reverse course? When will you go to your leader and say, “Reverse course. Leave law-abiding citizens alone. Let's focus on criminals, and let's focus on the borders and keep Canadians safe”?

Blaine Calkins Conservative Red Deer—Lacombe, AB

Thank you, Chair.

Minister, since 2015, total violent crime in Canada is up 49.84%. This isn't my number; this is Statistics Canada's. Homicides are up, as of last year, 43%. Gang-related homicides are up 78% as of last year. Total sexual assaults are up 74%. Total violent firearms offences, which is use of, discharge or pointing a gun, are up 116% since 2015. Extortion is up 357% since 2015. Auto theft is up 45%.

Minister, I was there when you and your cabinet colleagues voted for Bill C-75, voted for Bill C-21 and Bill C-5 as well. One of the impacts of voting for the legislation that your government has tabled was to reduce minimum penalties for a number of offences. One of them was extortion with a firearm with a mandatory minimum penalty of four years. That was the initiative that your government had and that you voted for. In your home province of New Brunswick, extortion is up 301%.

Why do you continue to pursue an agenda that goes after law-abiding firearms owners instead of an agenda that targets criminals and reduces crime on our streets?

Raquel Dancho Conservative Kildonan—St. Paul, MB

Thank you for outlining that. We know that bail was made the default, in essence, by Bill C-75 a few years ago. It was a Liberal bill, and it's obviously having very far-reaching consequences in this country.

Just to conclude, Mr. Campbell, as you outlined, the majority of the crime guns are coming from the United States. I'm sure you would support more robust security measures at our border to stop those crime guns from coming into Toronto. Is that correct?

Rob Moore Conservative Fundy Royal, NB

Thank you, Chair.

Mr. Wright, as a retired RCMP superintendent with 28 years on the front line of policing, you've seen the impact of changes that have been made by federal governments over the years in your community. I found your testimony very instructive and persuasive. You've been on the front line so you see these changes in real time.

We also have the benefit of Statistics Canada, which tracks crime statistics, among other things. Over the last nine years, we know that violent crime is up 50% in Canada, homicides are up 28%, sexual assaults are up 75%, auto theft is up 46% and violent firearms offences are up 116%. Those are Statistics Canada numbers.

Some of this is as a direct result of changes that have been made with bail—for example, the catch-and-release bail in Bill C-75—where we see those who probably should be in custody after committing an offence out on the street reoffending. How have you seen catch-and-release impact the ability of police to disrupt the illicit drug trade in British Columbia?

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 4th, 2024 / 6:20 p.m.


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Conservative

Melissa Lantsman Conservative Thornhill, ON

Mr. Speaker, it has been a month that the House has been at a complete standstill, paralyzed in the business of looking out for Canadians and of actually solving the problems that the House should be seized with. It may not be the worst news in the world. Certainly, many want to see the government take a walk after nine years; I hope Canadians can finally decide to send the government packing in a soon-to-come carbon tax election. Therefore, it may not be the worst thing.

After nine years of the government and its destructive policies, we have been at a standstill for a brief while. The government of the day, the Liberals and their NDP counterparts, can no longer ruin the lives of Canadians even more than they have, at least in the short term. In nine years, the government has doubled the cost of housing and rent. It has doubled a mortgage payment in this country over the course of the last nine years.

We have inflation and interest rates burning out of control because of the government's irresponsible spending. We do not have a revenue problem in this country; we have a spending problem. The Liberal government spends more than it has on things we do not want or need. Two million people are eating from a food bank in a single month. Hundreds of tent cities are popping up in Toronto and all across the country, from coast to coast to coast.

We have crime, drugs, chaos and disorder in our streets. There are violent offenders turned out on bail as soon as they commit a crime. We saw this weekend, in Toronto, a scene from what seemed to be a movie. Police were chasing down criminals who stole a car, who hurt a police horse, who put citizens shopping on a weekend at risk and who ruined a business, all to find out that these culprits were out on bail because of the government's weak bail policy.

Today, the justice minister told the House that he is not responsible for any of it, that he is not responsible for Bill C-75, which allows that to happen. He also cannot count; he was trying to make slogans using three words or four words. I do not know what that answer was, but the issue is that the justice minister in this country does not think he is responsible for the justice system.

We could be speaking about anything else in the House. However, it is because the Liberal government will not turn the documents over to the police that we are here debating this, and we will continue to do that until they hand them over.

Michelle Ferreri Conservative Peterborough—Kawartha, ON

I think everything I've just said is extremely relevant, Madam Chair, and to the member across the way, I say this: Let's study a bill that is going to help change the Criminal Code, so that you don't have violent repeat offenders under legislation that the Liberals put in place with Bill C-75, which brought in catch and release. The most heinous of criminals, who I know the member opposite—

October 30th, 2024 / 6:15 p.m.


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Chief of Police, Peterborough Police Service

Stuart Betts

Thank you.

Chair, through you, there were quite a few points in there. I'll try to get them all for you.

To start, with Bill C-75, I think the application of the particular legislation right now is difficult. We know that release from custody is a ladder principle and that the least onerous form of custody is to hold that person accountable for their behaviour while they're awaiting a trial, and that is what we are letting people out on. Often, that is perhaps underserving victims in our community because the least onerous, depending on the nature of that offence, is insufficient to protect our community once they've been released.

Lisa Hepfner Liberal Hamilton Mountain, ON

Thank you, Chair.

I would like to direct my next question to Chief Betts. It might take me a minute to get there, though.

When you started out, you talked about how you didn't like Bill C-75 and would like to see changes to it. We know Bill C-75 reverses the onus so that the accused has to prove to the justice of the peace, in most cases, that he should be let out on bail. It also forces justices of the peace to take intimate partner violence into consideration as an aggravating factor in a bail condition.

I'm wondering what you would change in there. Is it how justices of the peace interpret an existing law what you're really concerned about, in fact? For example, we heard at this committee that a lot of JPs don't want to send an accused to jail because provincial jails are overcrowded. That's where you go when you're on bail: provincial jail.

The National Police Federation recently released a bunch of recommendations for provinces that include more data collection and sharing on intimate partner violence and bail in order to better inform the people who make bail decisions. They include recommendations for bail enforcement monitoring systems and for justices of the peace to have standard qualifications before they're appointed to the job. We know that right now they don't need to have any legal experience in order to serve as a justice of the peace.

Perhaps you could comment on that. What specifically about Bill C-75 would you change, or is it that you don't like how it's being implemented in the system?

Dominique Vien Conservative Bellechasse—Les Etchemins—Lévis, QC

It reminds me a bit of what we call sentinels. More and more community services are being developed in our rural areas. Sentinels go and knock on the doors of seniors, for example, to ask how they are feeling and make sure everything is fine.

Ms. Gagnon, Ms. Ferreri spoke earlier about Bill C‑75, which was passed. It allows violent, abusive men to get parole. We realize that this happens often. Mr. Betts also talked about it earlier. He would even like to see the legislation amended.

Do you see cases like this on a daily basis? Does it happen that, when women come to tell you what they are going through, you realize that they are victims of men who should be in prison or who have a history of violent behaviour?

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Thank you.

I know I only have 30 seconds left.

I have two questions. It's a quick yes or no.

Obviously, my first question is, would you like to see Bill C-75 scrapped?

Anna Roberts Conservative King—Vaughan, ON

I just want to read into the record that Bill C-75 also added a reverse onus—I think it was mentioned for bail—when an individual is charged with an offence related to intimate partner violence and has previously been convicted of an offence relating to the intimate partner violence.

How is that protecting women?

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Thank you so much, Chair, and thank you to our witnesses.

We certainly wouldn't want to bring you here and tell you how the legal system is working, when it's clearly not, which is what it feels like a Liberal member just did to you. I think that's the whole point. It comes back to the same point that I asked you.

Why would a woman or anybody who's a victim, a survivor, come forward when they know nothing is going to happen, and why would an abuser stop doing that if they know there are no consequences? This is all law. Everything you've said today, Cait, makes the point that there are no consequences in this current justice system. There is nothing in place to stop someone from actively going out and murdering someone in broad daylight—in broad daylight. I don't know how much more serious we can get today, folks.

We see the Liberal member sitting across the way, saying, “Oh, well, let's go into the weeds here. Bill C-75 is doing a great job.” It's not. It's not working. People are dying. Let's cut it and do what needs to happen here.

Bill C-75 was supposed to make it better, and it has made it worse. The stats are here. Those are cold, hard facts.

I guess I would turn to Ms. Alexander again. I think one of the things people don't understand is Jordan's rule. How could you have somebody who literally “bludgeoned” you—in your words—almost to death...? You have video evidence. He was out on bail for $500 the very next day. Is that the only time he ever served?

Lisa Hepfner Liberal Hamilton Mountain, ON

Thank you, Madam Chair.

Thank you, genuinely, to all of our witnesses for their testimony today. It's really important.

We've been talking about bail reform and Bill C-75, so I just want to go over what's in that legislation and get your feedback on what you would change.

In 2019 we created a reverse onus, so if you've been charged with a violent offence involving an intimate partner, it's on you. The onus has reversed. The accused has to prove why they should be let out on bail. That changed.

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Exactly.

I have only 10 seconds left.

Would you like to see Bill C-75 scrapped, so that the people who are abusing these women are held in jail and not walking free?

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Thanks, Madam Chair.

Thank you to our witnesses today.

This is probably one of the most upsetting committees and testimonies we've heard, and we've heard some pretty awful things.

We called an emergency meeting in the summer, and I'm so glad to see you guys back. The reason we called it was because since 2015, sexual assaults are up 75%, sexual violations against children are up 119%, forcible confinement or kidnapping is up 10%, indecent harassment is up 86.41%, non-consensual distribution of intimate images is up 801%, and trafficking in persons is up 84%. Intimate partner violence has been declared an epidemic in 94 Ontario municipalities. In Ontario, 30 women were killed in a 30-week window. Compared to 2014, intimate partner sexual assault was up 163%.

We had Detective Chief Milinovich from Peel Regional Police tell us during that meeting that a woman is strangled every single day in Peel Region. He said that of the percentage arrested by that unit, roughly half of them have already been released on bail since their arrest.

Ms. Walker and Cait, you guys have both told horrific stories of, in particular, Breanna Broadfoot, whose attacker was walking free when he shouldn't have been.

Cait, your abuser is free because of Jordan's rule, which is basically when a time period lapses, so apparently the crime doesn't matter—the crime against you doesn't matter.

Last week, a woman in Ottawa, in broad daylight, was stabbed and her throat slit in front of her children. Innocent bystanders had to hold her hand and tell her that her children were safe.

Bill C-75 was passed in 2019 under this Liberal government. In 2019 there were almost 215,000 total victims. By 2023 that number has increased to 251,000, or an increase of 17%. Clearly, this bill has made things worse. It has relaxed bail reform.

Ms. Walker and Ms. Alexander, this bill has allowed these perpetrators, these abusers, to walk free. Why would a victim or survivor report violence and abuse if they know nothing is going to be done?

Why would an abuser stop abusing if they know there are no consequences?

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

October 24th, 2024 / 4:40 p.m.


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Conservative

Tony Baldinelli Conservative Niagara Falls, ON

Madam Speaker, at a time when Canadians are struggling to put food on their table; when the dream of home ownership in Canada is just that, a dream for many young Canadians; and when our country is plagued by so many other serious challenges brought upon us by the failed policies of the incompetent and reckless government, we are here this afternoon continuing debate on the government's failure to live up to its responsibilities in your order to produce important documents pertaining to the Sustainable Development Technology Canada green slush fund scandal.

SDTC was established by the Government of Canada in 2001. As a federally funded foundation, it was responsible for the approval and disbursement of over $100 million annually in taxpayer funds to help Canadian companies develop and deploy sustainable technologies. For many years, SDTC operated responsibly and earned a generally good reputation for its work. However, that all changed in 2019, when former Liberal industry minister Navdeep Bains appointed Annette Verschuren as chair of SDTC.

The issue at hand was conflict of interest. Verschuren was an entrepreneur who was already receiving SDTC funding through one of her companies, but then she was appointed by the Liberal government to hold responsibilities overseeing the very same funds her company was receiving. That fact alone should have sounded alarm bells and set off red flashing lights to alert everyone in the government to the obvious conflict of interest at hand.

In fact, it was no secret. The minister, the Prime Minister's Office and the Privy Council Office all knew and were warned of the risks associated with appointing a conflicted chair. However, the warnings all fell on deaf ears and indifference, as Verschuren was appointed by the Liberal minister anyway. How can we tell that a government has lost its moral compass? It is when it makes poor decisions like this one without concern for doing the right thing and without fear of consequences.

Only two years later, Minister Bains announced in January 2021 that he had decided to step away from politics and not run again in the upcoming federal election. That same year, SDTC entered into a five-year, $1-billion agreement with the Department of Innovation, Science and Economic Development.

Fast-forward to Fall 2024, and it is clear that the Liberals are trying desperately to run away and wash their hands of this mess, which they laid the foundation for through their own actions, especially after the Auditor General released a scathing report about SDTC in June 2024. The AG found massive issues at SDTC, which resulted in the current Minister of Industry, the hon. member for Saint-Maurice—Champlain, abolishing the SDTC and immediately transferring its funds to the National Research Council Canada. These are truly astonishing developments in just three years for something the Liberal government does not want to talk about anymore.

What did the AG find that was so bad as to cause all this carnage? In June 2024, she found that SDTC had demonstrated “significant lapses in governance and stewardship of public funds”. Nearly 20% of the SDTC projects examined by the AG were in fact ineligible, based on the government's own rules for funding, for a total price tag of $59 million. There were also 90 instances when the SDTC ignored conflict of interest provisions while awarding $76 million to various projects. The AG found 63 cases where the SDTC directors voted in favour of payment to companies in which they had declared conflicts.

The AG report concluded, “Not managing conflicts of interest—whether real, perceived, or potential—increases the risk that an individual's duty to act in the best interests of the foundation is affected, particularly when making decisions to award funding." It also blamed the government's Minister of Industry, whose ministry or department did not sufficiently monitor the contribution agreements with SDTC.

Believe it or not, it gets far worse. Since June, the Auditor General has found that directors had awarded funding to projects that were ineligible and where conflicts of interest existed. She found that over $300 million in taxpayers' money was paid out in over 180 cases where there were potential conflicts of interests, where Liberal-appointed directors funnelled money to companies they owned.

Time after time, the Liberal government and its Prime Minister have shown total contempt for Canada's ethic laws. In fact the Prime Minister himself has been found the subject of three ethics investigations and has been found guilty of breaking ethics laws twice. The Liberal government allows the culture of law-breaking to persist, as six Liberals have been found guilty of breaking ethics laws. The Liberals have gone through ethical scandals before; that is why they are withholding the documents, breaching parliamentary privilege and trying desperately to sweep the mess under the rug and move on to the next thing.

However, the common-sense Conservatives are not going to let the Liberals get away with it. We are holding the corrupt Liberal government to account. It will be held responsible for its carelessness, recklessness and, indeed, corruption. That is why on June 10 the House of Commons adopted the following motion proposed by common-sense Conservatives on this important matter:

That the House order the government, Sustainable Development Technology Canada (SDTC) and the Auditor General of Canada each to deposit with the Law Clerk and Parliamentary Counsel, within 14 days of the adoption of this order, the following documents, created or dated since January 1, 2017, which are in its or her possession, custody or control...

The motion then detailed what documents were to be supplied, and then directed that “the Law Clerk and Parliamentary Counsel shall provide forthwith any documents received by him, pursuant to this order, to the Royal Canadian Mounted Police”.

The common-sense Conservative motion passed with the support of the New Democrats, the Green Party and the Bloc Québécois. Only the Liberals opposed it. To be clear, nothing in the motion orders the RCMP to conduct an investigation. The House is simply asking that the documents be turned over to the RCMP.

Fourteen days came and went, and instead of complying with the adopted motion, federal departments outright refused the House order or provided heavily redacted documents, citing provisions in the Privacy Act or the Access to Information Act. This is not a good look.

Further, nothing in the House order contemplated redactions to documents being made by the government. That is because the House of Commons enjoys the absolute and unfettered power to order the production of documents. That is not limited by statute; the powers are rooted in the Constitution Act of 1867 and the Parliament of Canada Act.

In response to the Liberal government's failure to produce the documents, the Conservative House leader rightly raised a question of privilege, arguing that a House privilege had been breached due to the failure to comply with the House order. On September 26, you issued a ruling on the question of privilege raised, and you found that the privileges of the House had in fact been breached. Today, nearly a month later, we continue our important debate on the matter and continue our demands for the Liberal government to provide the RCMP with the unredacted SDTC documents.

You have ruled that the government has violated a House order to turn over evidence to the RCMP in the latest Liberal scandal, the $400-million green slush fund scandal. The Liberal government's refusal to respect your ruling has paralyzed Parliament, pushing aside all other work to address issues such as the cruel and crippling carbon tax, the cost of living crisis Canadians face for food and shelter, and the increasing crime, disorder and chaos in our streets, our communities and cities. This is happening at a time when the cost of food, fuel and shelter are all up and millions of Canadians are having to line up outside food banks just to survive. Sadly, as Canadians continue to struggle, life for well-connected Liberal insiders has never been so good.

One of the drivers of this hardship is the cruel NDP-Liberal carbon tax. In fact the carbon tax will cost the average Ontarian $903 this year. This is completely unacceptable to the constituents in my communities of Niagara Falls, Niagara-on-the-Lake and Fort Erie, who work hard for their money, who save carefully for their future and who dream of a better tomorrow. Instead of doing anything about climate change, the NDP-Liberal carbon tax is impoverishing Canadians.

Recently the PBO confirmed that Canadians will suffer a net cost, paying more in the carbon tax than they will ever get back in rebates. Unfortunately the NDP-Liberal government does not care. Instead of giving Canadians the tax relief they deserve, the government hiked the carbon tax by 23% last year as part of its plan to actually quadruple the carbon tax by 2030.

It turns out that the carbon tax is not a tool to fight climate change like the Prime Minister argues; it is just another tax grab. Canadians can add it to the long list of growing NDP-Liberal taxes they already pay, including income tax, sales tax, excise tax, underutilized housing tax, property tax, capital gains tax and more. After listing all those taxes, it is easy to see why Canadians are getting poor. It is because the government is taking more of their hard-earned money away.

The STDC scandal is also happening at a time when costs are up for food. In fact food will cost families $700 more this year than it did in 2023. That is because when the government taxes the farmer who grows the food, the trucker who ships the food and the store that stocks, stores and sells the food, it ends up taxing the family that buys the food. As Sylvain Charlebois, the “food professor” and director of Dalhousie University Agri-Food Analytics Labs, has said, the costly NDP-Liberal “carbon tax likely adds a significant cost burden to the Canadian food industry”.

Canadians are going hungry. That is evident by the massive surge in demand and need at food banks. Food bank usage has increased every year the NDP-Liberal government has been in office, because its inflationary spending and punishing carbon tax have hiked up the price of groceries, causing Canadians to skip meals, eat less healthy food and rely on food banks to survive.

This was confirmed recently by Feed Ontario, which revealed that a record one million people visited a food bank in Ontario in 2024. That is a dramatic increase of 25% from the previous year. In fact Feed Ontario's CEO told media that she never thought she would see this day. She has been with the organization 15 years and never thought it would see this level of demand. She cannot believe it has reached a point where numbers are so drastically high.

Food Banks Canada reported earlier this year that it had seen a 50% increase in visits since 2021, with food banks handling a record two million visits in a single month in 2023. Of the people visiting food banks in Ontario, one in three visitors is a child. Only one in six adults visiting food banks is unemployed; the NDP-Liberal government's cost of living crisis has become so severe that even working Canadians are having to depend on food banks to get by.

The numbers reflect what is happening across Niagara too. Let us try to wrap our heads around the following statistics from Project Share, which serves vulnerable residents in Niagara Falls. Last year Project Share saw a 20% increase in people served, compared to the previous year, and 4,740 people accessed its services for the first time. On average, 120 families per day accessed its essential support services. In total, 13,995 people were served last year, which equates to one in seven residents in Niagara Falls having accessed its essential support services just last year.

We should be debating these issues, and we could if the government simply abided by the Speaker's ruling and provided the documents the House has requested. Why are the Liberals so hesitant to do what is right? Is it that they do not want to speak to the situation facing young Canadians and first-time homebuyers, which is so bad that the Canadian dream of home ownership is dying? Two-thirds of young people believe they will never be able to afford a home. Canadians see the housing crisis most tragically in our streets, where there are now 1,800 homeless encampments across Ontario and thousands more across the country.

Time after time, the NDP-Liberal government has promised to fix the housing crisis, but the Canada Mortgage and Housing Corporation has been clear that the number of new homes being built is not enough to reduce the existing supply gap and improve affordability for Canadians.

Crime is also getting worse under the watch of the NDP-Liberal government. Again, perhaps that is why they refuse to hand over these documents: so we cannot debate these issues, which are so important to all of our constituents. Since 2015, when the Liberals formed government, the number of auto thefts has skyrocketed by 45%, violent crime has increased by 50% and hate crimes have increased by 251%. In addition, just recently, the Toronto Police Association had to come out publicly and fact-check the Prime Minister. When the Prime Minister attempted to brag about banning firearms for law-abiding firearms owners while continuing to ignore the crime wave he has unleashed across the country, the Toronto Police Association reminded him that, in just the last year, shootings have gone up 45% and gun-related homicides have gone up 62% in Toronto.

The reality is that the Liberals' soft-on-crime approach is making life easier for violent criminals by repealing mandatory minimum sentences for gun crimes with Bill C-5 and making it easier to get bail with Bill C-75. Meanwhile, it is failing to stop the flow of illegal guns across the U.S. border. The issues I noted are all pressing, and parliamentarians should be debating them. However, the House of Commons has seized because the government is refusing to comply with the House order to hand over SDTC documents to the RCMP.

Canadians are suffering great hardship after nine years of the NDP-Liberal coalition. The country is headed in the wrong direction, and we are all worse off than we were about 10 years ago. The Speaker ruled that the government has violated a House order to turn over evidence to the RCMP about the latest Liberal scandal, the $400-million green slush fund. The Liberal government's refusal to respect the Speaker's ruling has paralyzed Parliament, pushing aside all other debate. It is time for the Liberals to end their corrupt cover-up and provide the ordered documents to the police so that Parliament can get back to work and Canadians can have the accountability they so rightly deserve.

Public SafetyPetitionsRoutine Proceedings

October 23rd, 2024 / 3:50 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, it is always an honour to present a petition on behalf of constituents. I rise for the 52nd time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime.

The community of Swan River is alarmed by extreme levels of crime caused by the Liberal government's soft-on-crime laws, such as Bill C-5 and Bill C-75. Bill C-75 allows violent repeat offenders to be in jail in the morning and back out in their communities in the evening, and Bill C-5 allows criminals to serve their sentences from home. It is no surprise that, after nine years of the Liberal government, Statistics Canada reports that violent crime has risen by 50%.

The people of Swan River see crime in the streets every day, and that is why they are calling for jail, not bail, for repeat violent offenders. The people of Swan River demand that the Liberal government repeal its soft-on-crime policies, which directly threaten their livelihoods and their community. I support the good people of Swan River.

RCMP Allegations Concerning Foreign Interference from the Government of IndiaEmergency Debate

October 21st, 2024 / 9:40 p.m.


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Conservative

Arpan Khanna Conservative Oxford, ON

Madam Speaker, the news we heard last week from the RCMP was extremely concerning and must be taken seriously. I want to be very clear when it comes to this: Any foreign interference from any country, including India, is unacceptable and must be stopped.

Our government's first job is to ensure that Canadians stay safe and that their livelihoods are protected. No Canadian should feel unsafe living in our country or feel unsafe because they are getting foreign threats. We expect a full criminal prosecution of everyone who has threatened, murdered or otherwise harmed Canadian citizens.

As a country, we need to ensure that we do every single thing possible and necessary to protect Canadians, our democracy and our sovereignty. However, over the years, under the Liberal-NDP government and with the current Prime Minister in charge, we have seen a failure to protect Canadians. We have seen the government and the Prime Minister fail to protect our democracy and our sovereignty.

Back in 2015, while working in the previous Conservative government, it would have been unheard of for foreign governments not only to threaten Canadians and their lives but also to go after them and take their lives. That never happened before, under our Conservative government. However, the Prime Minister has allowed foreign interference to run rampant in our communities and our country. He has dragged his feet and made things worse by bringing in soft-on-crime laws. We have seen the bills the Liberals brought in, such as Bill C-75 and Bill C-5; these catch-and-release bail policies are soft on criminals and hard on victims. These laws send a signal to criminals in other countries that we do not take this stuff seriously in our country. It sends a signal that organized crime can run freely in our country and that the criminals have more rights than Canadians. The Liberal policies fostered this environment. The Prime Minister's inaction made Canada a playground for foreign interference.

We heard some troubling news from the RCMP last week that foreign agents from India used organized crime to create a perception of an unsafe environment targeting the South Asian community in Canada, predominantly the Sikh community. We heard accusations of extortion and murder on Canadian soil, as well as the use of organized crime, intimidation and coercion.

Conservatives have been calling for action on foreign interference and clamping down on organized crime and transnational criminals for some time now. I have stood up in the House multiple times during question period to ask questions of the government on what its plan is to fight extortion. We got nothing from the government; it has been no action and all talk.

The Prime Minister did not want to act, and what that has meant for Canadians is the loss of safety in our communities. Under his leadership, homicides are up 28%. The member for Mississauga—Malton mentioned comparing the records of the two governments. I am talking about the Liberals' record. Violent crime is up 50%. Violent gun crime is up 116%. Can members guess how much extortion has gone up? That is the same crime that was mentioned by the RCMP last week. It has gone up about 360%. That is not a small number. Something had to have changed for that to happen.

It is the Liberals' policies. It is Bill C-75, Bill C-5 and the Liberal government's approach to fighting organized crime. If tough laws were in place, it would send a signal to criminals that we are not going to tolerate this in our country. Not just folks in Canada but those across the world would get the idea that Canadians will fight against this kind of action.

I have heard directly from business owners and members in the South Asian community who have been victims of extortion. I have listened to the calls they received, which they shared with us. Those are scary calls. Imagine a business owner, a prominent member of a community or an activist who gets a call from someone threatening to shoot up their home, their business or their family. Listening to those calls gives a person a chill down their spine. The Liberals' policies have allowed this to happen.

We have learned from the RCMP that transnational gangs are being used by foreign agents from India, who are trying to cause fear in our communities and take the lives of Canadians. Many people are afraid to return home. They are afraid to carry on with their businesses and worried about carrying on with their lives.

Some have separated from their families, with some living in different parts of the country and some living in hotels. Many have had to hire security and spend hundreds of thousands of dollars to keep their families safe. They come from a wide range of industries. Some are in the trucking business; some are in hospitality or are restaurant owners. We have heard of prominent Punjabi singers being targeted in B.C.

This is not just happening in one part of Canada. We have seen this right across our country, in B.C., in the GTA, in Winnipeg and in Edmonton. No one should feel unsafe in their communities. Canadians from all faiths, Sikh, Hindu, Muslim, Jewish, Christian, should not feel unsafe living in our great country.

That is why our Conservative deputy leader brought forward a common-sense Conservative bill to take on extortion head-on. The bill would have made it harder for extortion to happen in Canada. It would have sent a signal to these international gangs that we mean business here in Canada. These are the same crimes the RCMP mentioned just last week. The bill would have established mandatory minimum penalties and stopped extortion from happening, yet the Liberal and NDP members voted against the bill, leaving more Canadians susceptible to foreign interference.

Earlier today, the member for Calgary Skyview, who brought forward the motion for this important debate, shared stories similar to the ones I have heard from families who have been separated from their loved ones because of extortion. Here is what I do not understand. When we travel across our country and meet groups, as we have had town halls and seen other groups host town halls, they are asking for concrete solutions. When our deputy leader put forward that solution, a tangible piece of legislation that would have helped prevent this crisis, the NDP and the Liberal Party voted against it.

They voted against tangible solutions to the problems, and I know members hear about it in their communities. We have held dozens of town halls in the South Asian community where we have spoken to and heard concerns of those affected by extortion. They do not want symbolic gestures; they want real action. Our bill had real solutions. Those parties voted against it.

We have also seen the Liberals dragging their feet on this issue and not taking foreign interference seriously. The government was repeatedly warned about foreign interference within its own party, the Liberal Party, but refused to act. I wonder why. It is the Prime Minister and members of his government who repeatedly claim they just were not aware of foreign interference that was happening right under their noses, despite a paper trail of warnings from officials.

With Conservatives it is less talk and more action. Conservatives brought forward a foreign agent registry bill that, almost four years ago, was blocked by the Liberals and the NDP. The measures would have been useful as a tool to help keep our communities and the South Asian community safe. Despite multiple warnings, however, the Liberals continue to claim ignorance. The record shows otherwise, including mysterious delays of 54 days that we saw on a CSIS surveillance warrant for a Liberal power broker.

It is happening under their noses, yet they are not taking action. They plead ignorance. The ministers say they do not know anything about this. The Prime Minister makes excuses. We saw even former staffers who gave absolutely no answers to the commission. We heard in the Hogue commission that this is not a new problem affecting Canada. This has been happening for years under the current government.

The red flags have gone up, lots of red flags, but again, there is no action from the government. It makes no sense. We have seen flag after flag, leaks in the media, yet no action from the government.

If we look at the U.S., which has seen a similar situation unfold, within weeks it was able to arrest those involved, move forward with indictments and hold them accountable. Our government has not been able to do that. It has not been able to stop these attacks on our sovereignty. It has not been able to save the lives of Canadians. This is a serious matter. Canadians' lives are at risk, and the Liberals are in charge of keeping Canadians safe; it is their job.

At every single juncture, we have the Prime Minister and members of the government, backed by their coalition partners, who put pension and party before country, not acting on the information they have had. It is beyond rich for the Prime Minister to grandstand, given his government's record of not taking foreign interference seriously. Even with all the benefits he has from the government and agencies, and all the information he has from our great security services, he failed to act.

Conservatives are the only ones who have taken this foreign interference crisis seriously. The NDP members can laugh all they want, but they have been in bed with the government for nine years. If they cared so much about this, why did they not include it in the supply and confidence agreement? Why did they not make it a core pillar of their agreement? They do not care. They make it up on the fly.

Canadians deserve transparency. The Prime Minister must release the names of all members, from all the parties, who are collaborating with foreign entities, but he will not. The Prime Minister is doing what he always does. He is trying to distract us from the truth. He is trying to cover up a Liberal caucus revolt, which we are seeing. We saw four ministers recently announce they will not be running under his leadership again, because they continue to fail to make the lives of Canadians better. If the Prime Minister has evidence of challenges, he should bring it up to the public, because this is a public safety concern.

Conservatives are committed to protecting our democracy and our sovereignty from foreign interference. The Prime Minister must be held accountable for his government's failure to act, and we call on him to release all the names of MPs involved in foreign interference, to restore transparency and to defend the interests of all Canadians.

While some may try to divide our communities, try to stoke fear and hate, or spread disinformation to pit our communities against one another, it is important that we stand united as Canadians in protecting the integrity of our democracy. Our country depends on it.

Public SafetyOral Questions

October 21st, 2024 / 3:05 p.m.


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Conservative

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

Mr. Speaker, it is bizarre that Canada's justice minister continues to blame the Quebec government for a crisis he created.

It was the Liberal government that tabled Bills C-5 and C-75. What is happening in federal prisons right now is because of Bill C-83. Everyone is complaining. Last year, even victims' groups like the Fédération des maisons d'hébergement pour femmes, the Maison des guerrières and the Communauté de citoyens en action contre les criminels violents supported us. Everyone from police officers to victims' groups agreed.

Why will the government not listen to us and kill Bill C‑5?

Melissa Lantsman Conservative Thornhill, ON

I guess I'll continue talking. Perfect.

I'm sure that one of my colleagues will move that motion because they feel exactly the same way about this. This motion that we are debating, which is entirely political, stops us from doing the work we need to do.

I'm absolutely fine talking about the failures of this government on foreign interference, which we have seen play out over the last nine years.

This particular issue has, frankly, proven that the Prime Minister has failed on foreign interference. The Prime Minister, at the Hogue commission, admitted that our intelligence agencies have been gathering information on India and that it has been committing foreign interference on our soil for a number of years, yet it's clear that he did nothing to act on this.

Now, he didn't need secret clearance to be able to say any of that at the Hogue commission. He didn't need anybody else to have secret clearance when he got up in the House of Commons and gave out information about what we knew and when we knew it at the time. He certainly didn't need anybody else to have clearance. He doesn't really need clearance to be able to walk across the House of Commons—take 10 steps—to tell the Leader of the Opposition if there are members in his party...like he suggested at the Hogue commission.

Look, if the Prime Minister has nothing to hide, then I think Canadians have a very reasonable question about why he wouldn't release the names. Is it that they actually sit in his caucus or in his cabinet and he's done nothing about it?

Anyway, this all casts aspersions certainly on members of Parliament. I think it casts a greater amount of scrutiny on the Liberals, who perhaps have members of their own caucus, members of their own cabinet, perhaps committee chairs and perhaps parliamentary secretaries who have been involved in foreign interference. It's the Prime Minister who's really withholding that information from Canadians.

Going back to the foreign interference that he's done nothing on, even when the Liberals were given the opportunity to protect Canadians from extortion.... Bill C-381 was brought forward by my co-deputy leader, the great Tim Uppal, who worked hard to speak to communities right across the country about an extortion issue. I know that some Liberals didn't want to look like they were voting against the bill, so some were absent. They knew that extortion had gone up threefold, fourfold or fivefold in their communities. I get that. What I don't understand is that a party claiming to be seized with this issue would vote against an extortion bill that would put these violent offenders behind bars.

Extortion, of course, is one of the crimes that the RCMP highlighted during its press conference that happened on the matter at hand. Voting against this protection against extortion act makes very little sense. In fact, it makes very little sense that the Liberal members have not taken seriously the rise in crime in our country.

First, it was Bill C-75, which allows violent, repeat offenders out on bail, sometimes minutes or an afternoon after they commit a crime. It's Bill C-5, which allows people to serve a sentence in their basements after repeatedly stealing cars, for example. They have made this country a more dangerous place.

When presented with the opportunity to work on things like extortion, members of this government, members of the Liberal Party and members of the House of Commons decided that, no, they are not going to take this issue seriously, even though it's the one that they purportedly are taking seriously because the RCMP came out and said that it was part of the issue at hand.

The United States managed to thwart an assassination attempt on American soil by agents of the Indian government. Canada was unable to do that.

I think conversations like that would be best had with the witnesses we all agreed on for this study before this motion was brought forward. I think I speak on behalf of many on our side of things when I say it is a great shame that we are not looking at the seriousness of this issue and that we are holding the actual study hostage.

After the Liberals said no to a committee, you would think they would do something to reverse themselves, like they always do. After Kevin Lamoureux stood up in the House and said we are not having a special committee on this, he spoke to members of the Sikh community and members of all other communities and he said no, we are not having this committee. You would think the Liberals would want to at least have the study here, which was agreed upon. It is a shame.

It turns out, Mr. Chair, that this was just enough time to have me subbed in. I'm going to move the motion I did before in order for us to close off the debate on this so that we can get back to the work of committee, which the Liberals and the NDP are stopping.

Public SafetyPetitionsRoutine Proceedings

October 10th, 2024 / 10:10 a.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, it is always an honour to present a petition on behalf of constituents. I rise for the 49th time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime.

The community of Swan River is alarmed by the extreme levels of crime caused by the Liberal government's soft-on-crime laws, like Bill C-5 and Bill C-75. Bill C-75 allows violent offenders to be in jail in the morning and back in our communities in the evening. Bill C-5 allows criminals to serve their sentences from home.

It is no surprise that after nine years of the Liberal government Statistics Canada reports that violent crime has risen by 50%. The people of Swan River see crime in their streets every day. That is why they are calling for jail, not bail, for violent repeat offenders.

The people of Swan River demand that the Liberal government repeal its soft-on-crime policies that directly threaten their livelihoods and their community. I support the good people of Swan River.

Public SafetyOral Questions

October 9th, 2024 / 2:45 p.m.


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Conservative

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

Mr. Speaker, during an interview this morning, the Montreal police chief clearly said that to solve Montreal's problems, he would need the laws and regulations to make it possible.

For the past nine years, all the government has done is pass bills like Bill C‑5, Bill C‑75, and Bill C‑83.

These laws have left criminals free to roam the streets of Montreal and all the other communities in Canada. They have no fear of the justice system or the police. Will the government listen to the Montreal police chief? Will it change the laws back to what they were when the Conservatives held power?

Public SafetyPetitionsRoutine Proceedings

October 8th, 2024 / 1:20 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, it is always an honour to present a petition on behalf of constituents.

I rise for the 48th time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The community of Swan River is overwhelmed by the extreme levels of crime because of the Liberal government's soft-on-crime laws, such as Bill C-5 and Bill C-75.

Jail has become a revolving door of repeat offenders, as Bill C-75 allows violent offenders to be in jail in the morning and back on the street the same day, and Bill C-5 allows criminals to serve their sentences from home. The people of Swan River see crime in the streets every day, and that is why they are calling for jail, not bail, for violent, repeat offenders.

The people of Swan River demand that the Liberal government repeal its soft-on-crime policies, which directly threaten their livelihoods and their community. I support the good people of Swan River.

Public SafetyPetitionsRoutine Proceedings

October 3rd, 2024 / 1:25 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, it is an honour to present a petition on behalf of constituents.

I rise for the 47th time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The community of Swan River is overwhelmed by the extreme levels of crime because of the Liberal government's soft-on-crime laws, such as Bill C-5 and Bill C-75.

Jail has become a revolving door of repeat offenders, as Bill C-75 allows violent offenders to be in jail in the morning and back on the street the same day, and Bill C-5 allows criminals to serve their sentences from home. The people of Swan River see crime in the streets every day, and that is why they are calling for jail, not bail, for violent, repeat offenders.

The people of Swan River demand that the Liberal government repeal its soft-on-crime policies that directly threaten their livelihoods and their community. I support the good people of Swan River.

Public SafetyOral Questions

September 27th, 2024 / 11:35 a.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, that member voted for Bill C-5, which allowed house arrests for sexual assault. They also supported Bill C-75, which made it easier for repeat violent offenders, including rapists, to get bail. That is their record, which the NDP has supported every step of the way.

When will they call a carbon tax election so we can finally stop the crime in this country?

Opposition Motion—Confidence in the governmentBusiness of SupplyGovernment Orders

September 26th, 2024 / 4:15 p.m.


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Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Madam Speaker, I will simply read the motion and then go over each item to prove that no one can vote against it.

That, given that, after nine years, the government has doubled housing costs, taxed food, punished work, unleashed crime, and is the most centralizing government in Canadian history, the House has lost confidence in the government and offers Canadians the option to axe the tax, build the homes, fix the budget and stop the crime.

Let us start with the first point: that “the government has doubled housing costs”. There is no debating that. It is basic math. Unfortunately, we have a Prime Minister who says that the economy is not numbers or figures, it is people. Rent is a number. The cost of a mortgage is a number. When someone buys a house, the price is measured in numbers. Numbers control the universe.

Here are the facts. The average rent for a one-bedroom apartment in 2015 was $973. Now it is $1,877. It has doubled. For a two-bedroom apartment, again, rent has doubled from $1,172 to $2,337. That is twice as much. The amount needed for a down payment on an average home has doubled from $22,000 to $47,000. That is twice as much. The mortgage payment for an average new home was $1,400 in 2015. Now it is $3,000. It has doubled. There is no debating that.

Let us move on to the next point, which is that the government “taxed food”. People may agree with the Prime Minister and the leader of the Bloc Québécois that a carbon tax is good. People may think that a 61¢-a-litre tax is the best idea in the history of the world, but they cannot deny that it increases the cost of food because farmers use fossil fuels to power their machinery. Truckers have to use diesel. This is the first carbon tax, and it applies across Canada. It applies to Quebec indirectly because all the food produced in and transported from the rest of Canada costs more. The second carbon tax, which the federal government is imposing with the support of the Bloc Québécois, will increase the cost of gas by 17¢ a litre. That will directly increase farmers' costs, and therefore consumers' costs as well. There is no debating the fact that the government is taxing food.

The third point says that the government has “punished work”. According to the Fraser Institute, recognized as the most prestigious academic institute in the country, 80% of middle-class Canadians are paying more taxes than they used to. Taxes penalize work. People who work harder pay more. That is penalizing work. On top of that, the government has blocked a number of natural resource development projects. It is allowing the Americans to kill forestry jobs. It is considering issuing a radical Liberal order on caribou that will kill jobs and punish work at the same time. There is no debate on that either. The government is punishing work.

It is also allowing crime to spiral out of control. The Liberals passed three main bills. The legislation arising from Bill C‑75 provides for the automatic release of criminals, and crime in Canada has increased by 50%. Gun crime has increased by 121%. Despite spending $69 million, the Liberals have failed to remove a single rifle banned in Canada since their big election announcements on this issue. Today, gun crime is up, as is crime in general. In addition, 47,000 people have lost their lives to drug overdoses since the government liberalized drugs. There is no debating that. Since this government came to power, there has been more crime.

Lastly, this is a centralizing government. We have seen excessive centralization. There is no need for me to argue this point, since the House leader of the Bloc Québécois has done it for me. He said, and I quote, “For the first time in history, excessive centralization became a fact of life. Despite its difficulty in managing its own responsibilities, this government started poking its nose into the jurisdictions of Quebec and the provinces.”

This is the biggest, most centralizing and most costly government. It added 100,000 public servants, who meddle in Quebec's business. It doubled spending on consultants. It doubled the debt. This centralizing and costly government punishes work, taxes food and doubled the cost of housing. The evidence is clear. That is why Quebeckers deserve to choose a government that will axe the tax, build the homes, fix the budget and stop the crime. That is exactly want we are proposing.

We are calling on all the opposition parties to show their independence from this centralizing government and vote to allow their constituents to choose a new government that would allow Canadians to bring home a bigger paycheque to buy food and gas in a safe community. That is common sense.

I am going to be very clinical here and simply read the motion and prove it is true. It states:

That, given that, after nine years, the government has doubled housing costs, taxed food, punished work, unleashed crime, and is the most centralizing government in Canadian history, the House has lost confidence in the government and offers Canadians the option to axe the tax, build the homes, fix the budget and stop the crime.

Let us go through the items one by one.

Did the Liberals double housing costs? Let us look at prices. In 2015, the average rent for a one-bedroom was $973 and today it is $1,877. In 2015, the average cost of monthly rent for a two-bedroom was $1,072 and today it is $2,337. In 2015, the average down payment needed for a new home was $22,000 and today it is $47,000. In 2015, the average mortgage payment on an average new home was $1,400 and today it is $3,020. There is no debate; it is double trouble when it comes to housing.

Are the Liberals taxing food? Well, they admit they are taxing diesel, which is what powers combines, tractors and other equipment. They admit they are taxing the natural gas that dries the grains in the silos. They admit they are taxing the truckers who bring us our food. There is no debate there. They want to quadruple that tax to 61¢ a litre. There is no debate on that either.

Are the Liberals punishing work? They have increased income taxes on 80% of middle-class people.

Are the Liberals unleashing crime? Violent crime is up 50% and gun crime is up 120%.

Are the Liberals a centralist government? They doubled their debt. They have doubled the amount of money for consultants.

All of these points are proven. That is why Canadians deserve the chance to elect a common-sense Conservative government that will axe the tax, build the homes, fix the budget and stop the crime so that hard work earns a powerful paycheque that buys affordable food and homes in safe neighbourhoods where the promise of Canada is restored in the freest country on earth, Canada. Let us bring it home.

I am splitting my time with the member for Toronto—St. Paul's.

Opposition Motion—Confidence in the Prime Minister and the GovernmentBusiness of SupplyGovernment Orders

September 24th, 2024 / 5:05 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, the motion that we are debating today is pretty simple, but the effect it is having in Canadians from coast to coast is profound. The motion says that the House has no confidence in the Prime Minister and the government. That is not just what we are saying here as a Conservative caucus, but that is what I am hearing in my riding of Fundy Royal, where people now are hurting in ways that they were not hurting before this Prime Minister came along.

Under this Liberal government over the last nine years, we have seen some absolutely astronomical increases in the misery that Canadians are facing, and I want to just speak to a few of those. These are the facts, and Canadians are aware of these facts. In spite of what the Prime Minister will say to try to change the channel, Canadians are smart and attuned to what is happening around them. They know that this government's policies are hurting them and hurting their ability to put food on their table, to pay their mortgage, to pay their rent, to keep their houses heated and to put gas in their vehicles. Everyday Canadians are aware of the impact of this government's reckless actions.

Under this government, in nine years only, they have doubled the debt of this country. They have doubled housing costs: mortgage payments and rent payments are doubled. They have caused the worst inflation in 40 years. They have sent two million people to the food bank. Food bank usage has risen every year for the last nine years, and that is every year that this government has been in power. Every year, they have added to the misery facing Canadians.

We used to look at parts of Vancouver and see the tent cities that had risen up there, and we used to see that as something that was unique to that area, but now, whether I am in Saint John, New Brunswick; Moncton; Fredericton; Halifax; or anywhere from coast to coast, we are seeing tent cities. We are seeing an increase in the misery that Canadians are facing.

Canadians have been forced to pay more for gas, groceries and home heating thanks to this completely out-of-touch Liberal carbon tax. At a time when people are struggling and having to make choices between heating their home, putting food on the table or filling their cars so they can get to work, and heaven forbid if their kids are playing hockey or are into other sports and they have to transport them in their vehicle, Canadians are stretched to the limit. What does this government do? What does this Prime Minister do? They say that, no, Canadians are not paying enough. Even though the carbon tax is hitting people at 20¢ a litre, that has to go up. That has to go up eventually to 61¢ per litre.

In April alone, the Prime Minister increased the carbon tax by 23% as part of his plan to quadruple the tax to 61¢ per litre by 2030. According to the Fraser Institute, this will end up costing the average Canadian worker $6,700 per year and result in 164,000 fewer jobs.

As for the constituents I am talking to, their views on this Prime Minister are being reflected across the country in the by-election results that we have seen. In three by-elections in a row, he has lost, but the conclusion the Prime Minister comes to is that it is not that he is wrong; it is that Canadians are wrong. That is always his default, because he believes that he knows best, he is always right and that everything that we are facing is somebody else's fault.

After nine years, the blame for the situation that we are facing now as Canadians has to be laid squarely at the feet of this Liberal government and this Liberal Prime Minister. This is not some accident. The Prime Minister will often say that there are global trends and so on. The misery that we are seeing, for example the increase in crime, has to be directly blamed on the deliberate actions of this government.

Bill C-75, which was introduced and passed by the current government, created a revolving door so that the default is for an offender to get bail. Bail means that the person is back out on the street after committing a serious offence. We are hearing from experts, police officers and community leaders that the revolving door of repeat and, oftentimes, violent offenders is leading to tragic results. It is not that there are lots of Canadians involved in crime. It is that a small number of Canadians should be in jail, and they are committing a lot of crime.

Let us look at what Statistics Canada says about just how out of control violent crime has become since 2015, the year the Liberals took power. I think members will agree that the numbers are absolutely staggering and are an indictment on the entire approach, the entire soft-on-crime, revolving-door, catch-and-release system that the Liberals have created. Madam Speaker, notice that I do not call it a “justice” system. It is only a system because there is no justice for victims in it. I was very moved at the Standing Committee on Justice and Human Rights when we had a witness, who was a victim of crime, say that she does not call it a justice system, because she did not see the justice for her and her family in the system.

The crime statistics from Statistics Canada are as follows: Auto theft is up by 46%. Violent crime is up by 50%. Sexual assaults are up by 75%. Homicides are up by 28%. Human trafficking is up by 83%. Crimes against children are up by over 100%, at 118%. Gang-related murders have doubled. Extortion is up by 357%.

The Prime Minister talks a good game about gun crimes, but all we have seen now is $67 million spent on a gun confiscation scheme that has not collected one firearm. For all his talk about firearms crime, what is the result? Violent gun crime has gone up by 116%. In fact, gun crime has gone up every year since the Prime Minister took office. These are deliberate actions.

Bill C-5, another terrible bill by the government, eliminated mandatory penalties related to gun crimes, such as robbery with a firearm, extortion with a firearm, weapons trafficking, possession of a firearm obtained illegally and using a firearm in the commission of an offence. What else did Bill C-5 do? It eliminated mandatory prison time for drug dealers, as well as for those who were convicted of trafficking or possession for the purpose of trafficking, importing and exporting serious drugs and production of a schedule I substance, such as heroin, cocaine, fentanyl or crystal meth. All of these offences are now eligible for house arrest.

The bill also allows for house arrest for sexual assault, kidnapping, human trafficking, motor vehicle theft, abduction of a person under 14, and assault causing bodily harm or with a weapon. Before the current government came along, all the offences I just listed would have meant incarceration; the offender would serve their time out of the community, in jail, where they belong. The community would be safe while the repeat offender was in jail. Instead, under the current government, these individuals are back on the street and committing the same crime over and over again.

I heard one Liberal member mention their so-called safe supply. Just today, the newspaper reported that a “police raid at a heavily used harm reduction site in Nanaimo resulted in” an individual being “charged with 14 counts of possession for the purpose of trafficking and eight weapons offences.” This was so-called legal safe supply. In the same raid, another person “was charged with six possession for the purpose of trafficking and five weapons offences”. As Conservatives have been saying, this so-called safe supply is getting into our streets and harming our young people.

It is time for the Prime Minister to face reality. It is time to call a carbon tax election so that common-sense Conservatives can axe the tax, build the homes, fix the budget and stop the crime.

JusticeOral Questions

September 23rd, 2024 / 2:35 p.m.


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Conservative

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

Mr. Speaker, does the minister recognize that, since they made changes to the Criminal Code, including under Bills C‑5, C‑75 and C‑83, criminals are no longer afraid of anything?

Crime is running rampant in Quebec right now. A 14-year-old boy died in Beauce. Shots are being fired in broad daylight in Quebec City. The same thing is happening in La Baie, Saguenay, and elsewhere.

Will the government, supported by its Bloc Québécois friends, acknowledge its mistake and revert to an earlier version of the Criminal Code?

Online Harms ActGovernment Orders

September 23rd, 2024 / 1:15 p.m.


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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, it is always an honour to rise on behalf of the people of Stormont—Dundas—South Glengarry in our part of eastern Ontario. In this case it is to contribute to the debate going on today on Bill C-63, known to many Canadians, through the media or the debate on the bill, as the online harms bill.

I want to take the time I have today to lay out a case to Canadians that I think is getting clearer by the month and the year. After nine years of the NDP and the Liberals in office, crime is up significantly in this country. It is their record and it is their actions, or in some cases inactions, that have undone what was successful in keeping our streets safe.

When we looked at the metrics by Stats Canada before the Liberals came into office, we see that crime was decreasing across the country. After nine years of their legislation, their bills, their ideas and their policy proposals, here is what Stats Canada says is the record of the Prime Minister, the NDP and the Liberals working together: Violent crime has increased 50% in this country. Homicides are not down; they are up 28%. Sexual assaults are up by 75%, and gang murders have nearly doubled in this country over the course of the last nine years. A crime wave has been unleashed across this country.

I make the case. Sadly, now there is not one part of this country, a province or a region, that has not heard the stories in local media or by word of mouth in communities of crime going up: violent crime, robberies, theft and car theft. Auto theft is up 46%. The justice minister's own car in fact has been stolen three times. That is how bad crime has gotten under the Liberals' watch.

Extortion has exploded in this country under the Liberals' watch. It is up 357%. This side of the aisle, through our deputy leader from Edmonton, the member for Edmonton Mill Woods, proposed a private member's bill that would crack down and toughen up on Canadians who try to extort others. I would suggest that when there is a 357% increase, the status quo of whatever the Liberals are doing is not working. We proposed a common-sense private member's bill from this side of the aisle that was voted down, only to continue the status quo by the Liberals and NDP.

Recently, through our work in asking questions, we finally got some answers. The Liberal government was forced to admit that 256 people were killed in 2022 alone by criminals out on bail or another form of release. It is unacceptable and speaks to the many broken policies that the government has implemented in the last nine years. It is not by accident.

The province of Ontario paints a picture when it comes to the Liberals' public safety record. In Ontario, the total number of violent Criminal Code violations is up 51% to 164,723. Homicides in Ontario are up 50% to 262. Total violent firearms offences, for all the action the Liberals have claimed to have taken, and I will get to that in a bit, is up to 1,346. That is a 97% increase in violent firearms offences in Ontario alone. Extortion is up 383% in Ontario, at just under 4,000 cases.

Theft of a motor vehicle has gone up. When the Liberals came in, there were 16,600 vehicle thefts in Ontario. It has exploded 167%. Now, under their watch with their soft-on-crime approach, including Bill C-5, Bill C-75 and so forth, it is up to 44,459 thefts of a motor vehicle.

That is the Liberals' record. Bill C-75 was passed and implemented by the Liberals and the NDP, who implemented catch-and-release bail policies. Despite the legislation demanded by Conservatives and by every premier in this country, it did not go far enough, and Bill C-75 is still wreaking havoc on our law enforcement and on public safety in this country.

Bill C-5 passed, again by the Liberals and the NDP and supported by the Bloc in that case, I specifically remember as well. When it started to be implemented and Canadians saw the wacko examples of criminals of a violent, repeat nature being arrested and back out on the streets, the Bloc members tried to pretend they were not for it anymore, but they voted for Bill C-5. That bill removed mandatory minimum sentences for major crimes, ensuring again that violent criminals are out on the streets.

After all those numbers I took the time to lay out, that is the Liberals' record. They cannot go back and blame anybody else, but for the last nine years that the Liberals have been in office, it has been their government legislation that has allowed the crime wave to be unleashed across Canada, and here we have a justice minister who is touting how great the Liberals' latest solution is with Bill C-63.

Rightfully, Canadians have major distrust in the current government. Its record on public safety speaks for itself by the numbers and the examples that people are living and breathing. However, it was the current justice minister, on his first days on the job, who did a media interview and said he thought it was empirically unlikely Canada is becoming less safe. He said it is in people's minds; it is in their heads and is not really a problem. People are just envisioning that.

That just goes to show the mindset and perspective when it comes to public safety, to protecting our streets and getting the violent crime wave down in this country. That is the perspective: It is just all in our heads and there is nothing to think about.

I have mentioned Bill C-5 and Bill C-75. The debate today is actually timely because it was just last week that we got an updated answer. Four years ago, the Prime Minister did a big stunt of a photo op and an announcement that he was going to ban assault rifles; he was going to clamp down and resolve all of this by way of the Liberals' legislation and their will. Well, the numbers are out. Four years later, after saying that, zero firearms from criminals are off our streets, and the only winner in this is the bureaucracy.

Sixty-seven million dollars of taxpayer money has been spent on a program that is not even running, not even active and has taken precisely zero firearms from criminals and gang members off our streets in this country. That is the Liberals' record. Worst of all is that we know what the Liberals are proposing to do and the reason there are all the delays. They are rightfully being called out that it will not affect the gang members and those involved in criminal enterprises who are committing the car thefts, violent crimes and firearms offences in big cities, suburbs and rural communities alike. They are not going to be participating in this terrible program, this costly, useless program, frankly.

The Liberals are targeting law-abiding firearm owners, hunters, sport shooters and indigenous communities that follow the law and have never been a public safety issue. They are going to be the ones paying the price on this, and it is taxpayer money, $67 million alone, going out.

One of the things I have said to many folks in our part of eastern Ontario and in my travels across the country is that there are not too many prerequisites to becoming a member of Parliament and sitting in the chamber. Members are democratically elected, which is obviously the right way to go. However, I feel if there were a little asterisk of what every member of Parliament must do before debating or voting on public safety legislation such as this, it would be that the member should do a ride-along with the frontline law enforcement in this country.

We are very blessed in Stormont—Dundas—South Glengarry to have the OPP, the Cornwall community police, a force in Akwesasne and the RCMP. One of the most rewarding events or annual visits I make is to those detachments, getting in a vehicle with a frontline law enforcement member and seeing first-hand and on the front lines what they have to go through day in and day out.

Officers are extremely frustrated after nine years of a soft-on-crime approach, a broken justice system, a broken bail system and a Liberal government that continues to make life easier for those criminals of a repeat violent nature, which takes valuable police resources and time away from important things. Instead, they are repeatedly arresting and re-arresting many of the same folks despite being out on bail.

I raise that today because under the Liberals watch and the broken bail system, where repeat violent offenders are back out on the streets within about 24 hours, on average, police are being redirected and dealing with the same percentage. The Vancouver Police Department said that in one year there were 6,000 police interactions, many of them arrests of the same 40 or 50 people. This means that every other day there was an interaction, an arrest, a bail hearing and back out on the street. That is a waste of police resources.

How much longer will it take? How many more calls from the Conservatives, premiers and law enforcement agencies will it take to fix our broken bail system? Instead, today, when we talk about the broad terms of protecting folk online, protecting children, or cracking down on Internet child pornography as the bill states, the basis of this legislation is admitting failure on the part of the government.

Our court system and existing law enforcement resources are so overloaded with the increase in crime, the broken justice system and the broken bail system, that now the government is proposing a brand new federal bureaucracy, with hundreds and hundreds of federal bureaucrats, to administer what it says cannot be done through existing means.

If we were able to go back to common sense, the way it was before the Prime Minister and the government came into office, we could revert and allow law enforcement and, in many cases, our existing laws to be enforced and protect Canadians, protect children, families, victims of child pornography, victims of all ages, and clamp down on the rising hate crime numbers happening under the government's watch.

I correlate it again to the government's record. We had legislation a couple of years ago passed under its watch, Bill C-11, an act to amend the Broadcasting Act, which I basically called a censorship act, where the government would hire hundreds of new bureaucrats at the CRTC to watch and regulate the algorithms of Internet searches in Canada. At that time, the Liberals said not to worry, that it was not that big of a deal, that it would not cost that much. It is getting very expensive, and they are just getting started in the cost of the bureaucracy.

I am proud of our common-sense Conservative team on this side. Very early on, when the government came forward with Bill C-63, we asked the Parliamentary Budget Officer to look at what the cost of this proposal would be, an independent look to understand the true cost to administer the government's proposal. A little while ago the analysis came forward. Posted on the website, the Parliamentary Budget Officer found that would cost a staggering $200 million to establish, the government's own data provided to the Parliamentary Budget Officer, 330 new bureaucrats and a brand new bureaucracy to administer this. When does this madness stop?

The Liberals keep adding new bureaucracies, new commissions and new layers, but they do not tackle the problem we have in our existing justice system and law enforcement community. Whether it be the RCMP, a provincial force or local municipal force, they are stretched thin because of the broken policies that the government has implemented. Now its proposal is to separate all that into a new bureaucracy. Worst of all, when asked, there is no time frame. A lot of the regulations and details of what it is proposing will be dealt with later, of course, behind closed doors. A lack of transparency and details, that is what the Liberals are providing to Canadians.

We know how Ottawa works. We know how the Liberals work with the NDP. They make a great, big announcement of how wonderful the legislation would be and that it would solve every problem possible. They never follow through, it is never done cost-effectively and it is delay after delay, and more and more frustration and backlog. We will see the exact same thing when it comes to the new bureaucracy proposed under Bill C-63. For context, if we took the $200 million and invested in frontline law enforcement, if we hired more police officers, we could hire over 200 more per year to work the front lines each and every year.

I want to thank the member for Calgary Nose Hill, who has been on the file of protecting women, children and all Canadians and victims of child pornography, of exposing intimate images and, in many cases, new emerging technologies of deepfakes and AI. We need to realize that this legislation is inadequate for many reasons. She, our shadow minister for justice and the Attorney General of Canada, and many other colleagues with a law enforcement background in the legal community have spoken up against the bill.

As Conservatives, we have said that, as always, the Liberals get it wrong again. They claim that we should pass this, get it to committee and just be fine with it, because for four years they have consulted experts in the field. They have tabled legislation before that they had to pull because they got it wrong. There are still many voices in the country speaking up against the bill in its current form and what it would do on the infringement of free speech. The Liberals are making decisions through regulation, through back-channel means and behind closed doors, putting the power in the hands of way too many people who do not deserve it, for example, Meta, Facebook, other tech companies that have these massive lobbying efforts they can use to pressure this new bureaucracy.

Instead, our common-sense Conservative private member's bill, Bill C-412, would enforce the existing laws in the country when it comes to hate crimes. The laws are there, but the government lacks the political will use those tools. If we are going to modernize legislation, which it does need at times, we could go after AI and deepfakes, which is not even addressed in Bill C-63.

The Liberals, like they have with Bill C-5, Bill C-75 and now with Bill C-63, talk a big game. We can look at other legislation such as their firearms confiscation program of law-abiding hunters and anglers who own firearms and so many other pieces of legislation. We can look at the Liberals' own numbers. The longer they are in office, the more they spend and the worse it gets from a financial situation, but, most important, from a public safety perspective.

Bill C-63 does not need to be as omnibus as it is. For the number of years the Liberals claim they consulted experts, they have gotten it wrong again. It is time to bring forward not this bill, but the common-sense Conservative bill, Bill C-412.

Let us get to the root causes, protect children, women and all Canadians from the abuse and hate and violence seen online through child pornography and other means. Let us trust our law enforcement on the front lines, with the tools and resources, to get that job done. They do not need a new bureaucracy or to be thrown aside. Law enforcement needs to be empowered with good legislation and support from this federal government, not the record we have seen after nine years of the Liberal-NDP government.

Military Justice System Modernization ActGovernment Orders

September 19th, 2024 / 4:30 p.m.


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Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, it is always a pleasure to rise to speak in the House.

On behalf of the wonderful people of Calgary Midnapore, whom I continue to be so proud to represent, I am here today speaking to Bill C-66.

I will start by saying that as a Conservative and as a woman here in the House of Commons, I believe and Conservatives believe we need to continue to address sexual misconduct, discrimination, racism and other forms of harassment in the Canadian Armed Forces, because all military members deserve a safe and respectful workplace. I believe this as the shadow minister for the Treasury Board as well. I will also say, with a lot of pride, that Conservatives are proud of and support all of our men and women in uniform who serve Canada. Let us give a round of applause in the House of Commons right now for all the men and women who serve Canada.

The principle of this bill is to be respected and appreciated. However, we need to really consider two major factors when we consider Bill C-66. Number one is the results we have seen from the Liberal government so far. Is its money where its mouth is? Second is what is really important in our military and what is really going on with our armed forces at this time.

The Liberal government has had several reports it could have acted on, but instead, here we are in the last year of a parliamentary session for the current government and only now is it taking action. These reports include the 2015 Deschamps report; the 2018 Auditor General report on inappropriate sexual behaviour in the Canadian Armed Forces; the 2021 Justice Fish report; the 2021 DND-CAF ombudsman report on sexual misconduct; and the 2021 “Eliminating Sexual Misconduct Within the Canadian Armed Forces” report from the status of women committee, which my colleague the member for Sarnia—Lambton alluded to in her question to the previous Liberal speaker. There also would have been a report by the Standing Committee on National Defence, but the government instead chose to filibuster and keep the committee in the same meeting for three months and then prorogue Parliament for the Prime Minister's impromptu election. Instead of taking action, the Liberals asked for another report by another former justice and got the 2022 Arbour report.

Meanwhile, according to Statistics Canada, since 2015, total sexual assaults at all three levels were up 74.83% and increased 71% last year alone.

My point is that the current government has had the opportunity through several reports to take action and it has deferred taking action. Most insulting, which my colleague referred to, is how the government handled the sexual misconduct cases in 2021. For over six months, the Prime Minister and the then defence minister, now Minister of Emergency Preparedness, continually covered up information on sexual misconduct in the Canadian Armed Forces. We are not surprised on this side of the House to see that these concerns, pleas and issues of great importance would only be spoken to, be given platitudes, with no real action taken.

The Liberals then went to great lengths to block investigations and hide the truth from Canadians. Again, this is not only with regard to harm within the Canadian Armed Forces. As a result of soft-on-crime bills, like Bill C-75 and Bill C-5, Statistics Canada data since 2015 states that total sexual violations against children are up 118.85%, forcible confinement and kidnapping is up 10.63%, indecent harassing communications are up 86.41%, incidents of non-consensual distribution of intimate images are up 801.17% and trafficking in persons is up 83.68%. This is what we are seeing as a result of the inaction of the current government.

The Liberals put forward bills like Bill C-66, but they have done nothing. All of their previous platitudes and grandstanding were fake efforts to make real change, not only within Canadian society but within the Canadian Armed Forces. The annual number of reported incidents of sexual misconduct in the Canadian Armed Forces was 256 in 2018-19; it went up to 356 in 2019-20, to 431 in 2020-21, to 444 in 2021-22, and was 443 in 2022-23.

The Liberals talk a lot about things they want to do, reports they are doing and announcements they make, but the results speak for themselves. Nothing has changed. Nothing has improved in the Canadian Armed Forces. Our first point is that we are not seeing the results for the Liberals' efforts, because frankly, the Liberals are not doing anything.

The second is that we need to admit to the serious status of our Canadian Armed Forces, and after nine years of the Liberal government, our military is in a state of disrepair. The government has failed our Canadian Armed Forces and the men and women who serve. Our troops are hurting at home and abroad. They have been sent overseas and forced to pay for their own meals and buy their own equipment. Military families are turning to charity because they cannot afford the basic necessities.

In 2017, the Prime Minister promised to invest more in our forces, but has instead let $10 billion lapse and is now cutting the defence budget by another billion dollars. This cut affects operational spending. This means the situation facing our troops is not getting better. It is getting worse after nine years of Liberal neglect. The Liberals have overspent in every department except our military. They have shown that they do not care about our troops or the Canadian Forces.

This is being noticed internationally. It is being noticed at NATO. It is being noticed by what is historically our greatest neighbour and ally to the south, the United States of America. It is the reason Canada was excluded from AUKUS, the Australia-U.K.-U.S. arrangement, as well as the quadrilateral security dialogue between Australia, India, Japan and the U.S. There are even discussions to exclude Canada from the G7, if members can believe it, as a result of our lack of commitment. We do not put our money where our mouth is.

Then again, this is not a surprise coming from a Prime Minister who told our heroes they are asking for more than we can give. We are not taken seriously abroad as a result of the constant lack of judgment, whether the Prime Minister is praising the Cuban regime or siding with Hamas over Israel and refusing to support the U.S. in moving its embassy to Israel. It is just a constant lack of making the decision to stand with our allies.

As I said on funding, the Prime Minister and the defence minister are cutting $1 billion per year over the next three years and allowed $10 billion to lapse in the defence budget over the last several years. In fact, according to the most recent public accounts, $1.2 billion lapsed in defence spending in 2021 alone.

In conclusion, the Liberals can say that they care, that they are doing these nice things. They have had the opportunity to do much. They have constantly kicked the ball down the field and not done anything. The results speak for themselves. The numbers show that crime and acts of violence have not improved in society with their legislation, nor within the Canadian Armed Forces. Most humiliating is the standing we have lost with our allies around the world, as kicking us out of the G7 is being considered. The numbers and the spending show it.

A Conservative government would commit the spending, stand with our allies and show our men and women in uniform that it supports them. I look forward to doing that along with the member for Carleton.

Military Justice System Modernization ActGovernment Orders

September 19th, 2024 / 4:15 p.m.


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Conservative

Fraser Tolmie Conservative Moose Jaw—Lake Centre—Lanigan, SK

Madam Speaker, it is good to be back after the summer break and have my first speech in the House and represent the good people of Moose Jaw—Lake Centre—Lanigan. I would like to start off by saying that I will be splitting my time with the hon. member for Calgary Midnapore.

I am happy to have been given the opportunity today to speak to Bill C-66, a bill to introduce changes to national defence aimed at modernizing the military justice system, and responding to the recommendations made by two former justices of the Supreme Court of Canada. This is the government's long-overdue legislation to try and finally apply recommendations made in numerous reports regarding sexual misconduct in the Canadian Armed Forces.

We must continue to address sexual misconduct, discrimination, racism and other forms of harassment in the Canadian Armed Forces because all military members deserve a safe and respectful workplace. The previous Conservative government accepted all recommendations from the Deschamps report to eliminate all forms of sexual harassment from the Canadian Armed Forces. This important report was ignored by the government, and it is disappointing that the Liberal government has failed to act on this important report. Liberals cannot be trusted to stop sexual assault within the Canadian Armed Forces because of their soft-on-crime policies. After nine long years of the Liberal government and two more reports from former Supreme Court justices, victims of military sexual misconduct are still no closer to having their cases dealt with properly.

I support Bill C-66, but let me make this perfectly clear: it needs to be carefully studied at committee to ensure concerns from all stakeholders are taken into consideration and amended appropriately. There are also outstanding concerns about the ability of the civilian judicial system to handle these particular cases, given that the court system and courtrooms are already backlogged due to the Liberals' soft-on-crime policies and repeat offenders getting out of jail on bail and committing more crimes. It is a continual cycle that the Liberal government has created. Its present catch-and-release system is failing the people of Canada and, if implemented in the military, will fail both the military and the people of Canada.

The Liberals have had many reports that they could have already acted on, but instead we are in the last year of a parliamentary session, and only now are they taking any legislative action. The reports that I am speaking of include the 2015 Deschamps report, which I mentioned earlier; the 2018 Auditor General report on inappropriate sexual behaviour in the Canadian Armed Forces; the 2021 Justice Fish report; the 2021 DND Canadian Armed Forces ombudsman report on sexual misconduct; and the 2021 “Eliminating Sexual Misconduct Within the Canadian Armed Forces” report from the status of women committee. There would also have been a report by the Standing Committee on National Defence, but the Liberals instead chose to filibuster and keep the committee in the same meeting for three months, then prorogue Parliament for the Prime Minister's impromptu election in 2021. Instead of taking action, they asked for another report by another former justice and got the 2022 Arbour report.

I will add here that according to Statistics Canada data reported since 2015, disappointingly, total sexual assaults in Canada were up 74.83% and increased an additional 71% last year. These are horrific to hear. These are stats that we do not want to hear but we cannot ignore.

We did our own study in veterans affairs committee on women veterans, and spent a lot of time speaking with survivors of military sexual trauma. This study took the better part of a year. We heard several difficult stories, dating back to when women were first admitted into the Canadian Armed Forces. For me, personally, these were horrific to hear and have left a lasting impression on me that we need to act correctly and do better.

One of the issues we heard about was the Canadian Armed Forces' ability to investigate these claims. Jennifer Smith said in her testimony:

I've spoken about it in Federal Court. I've given this information to many, many high-ranking officials. I've even provided the names of some of my attackers as well as pictures. Again, I've never been offered the opportunity [to file a complaint]. I still don't know what avenue I have to go forward with this. I've been told to write it down on a claim form. I feel that this goes beyond that. This is criminal activity. I know who did it. I know some of the people who did it. I'm just wondering why no one has come to me or reached out to me. I've given the information. I haven't been asked if I want to go forward with that or been presented with some options. That has not happened.

Clearly, there is a need to have civilian courts investigate these cases outside the chain of command of military. Our committee made that recommendation. However, this same recommendation has been made several times before, going back to the Deschamps report of 2015, nearly a decade ago.

Just now, a year away from the next scheduled federal election, the government is finally going forward with legislation on this. It is instances like this that make it so difficult to take the Liberal government seriously, to reconcile horror stories I hear first-hand of pain and suffering and not acting.

On top of that, the Liberal government has spent the last decade pushing our courts to the breaking point. The Liberals' soft-on-crime bills, Bill C-75 and Bill C-5, have led to a skyrocketing crime rate in Canada. Statistics Canada lists total sexual assaults as increasing by 75% since 2015.

The Prime Minister has continuously shown that he does not take the safety and security of Canadians seriously. His Liberal government is watering down serious offences. These offences include date rape, drugs and human trafficking, which is on the rise. They once again prioritize the rights of criminals over the rights of victims. At a time when our courts are overworked and understaffed, this legislation aims to add more cases to their dockets. This is one of the serious issues that needs to be examined in committee.

I want to share that I have seen the military justice system work while I served. Whether it was summary trial, court martial, or dismissal of military personnel, I have seen it work. However, there has to be another level of oversight.

The next Conservative government would rebuild the Canadian Armed Forces by cutting down the bureaucracy and the consultants. We would make sure that the money is going to the Canadian Armed Forces. We would restore the honour and integrity of our military heroes that Canadians can be proud of. Finally, we would reverse the left-wing Liberal woke culture and return the war-fighting capabilities of the brave women and men in the Canadian Armed Forces.

Anita Vandenbeld Liberal Ottawa West—Nepean, ON

Thank you very much, Madam Chair.

I want to thank the witnesses for coming here and for their incredible testimony.

I want to reassure both of you, but especially you, Cait, because you said that you don't believe any of us care, that all of us on this committee care very deeply. That's why we've done so many studies on intimate partner violence. We've had testimony like yours that is very difficult to hear but has been very important to put forward recommendations. We believe you, and we believe others like you.

Our government has put in many measures to try to make sure that the things that happened to you don't happen to others. There are numerous bills: Bill C-51 is on amending sexual assault laws. Bill C-75 is on bail reforms. Bill C-48 targets repeat offenders of intimate partner violence. Bill C-28 is on intoxication not being used as a defence. Bill C-63 is on online harms.

We also have a national action plan on gender-based violence that has been signed by all the provinces. We put $539 million in budget 2022 behind that, something that the Conservatives actually voted against.

I want to start by saying that if anyone tries to say there's anyone in this room who doesn't care about this issue, I think they are playing partisan games. People in this room have spent their lives fighting on this issue and listening to that kind of testimony. I just want to reassure you of that.

I also do, with respect, want to talk a little bit about how this meeting came about.

We have had studies that we've all agreed on to talk about these issues. In fact, we're in the middle of a study right now on coercive control for which we have put forth a number of witnesses we'd like to hear from as a committee.

We know that the Leader of the Opposition has asked Conservative-chaired committees to hold as many meetings as possible during the summer to take us away from the important work we're doing by listening to our constituents. We also know that, in this case, it was a few days' notice. None of the members, except the Conservatives, were given the opportunity to put forth witness names, which is something that every committee does out of basic fairness and respect.

I personally had a number of names of witnesses I would have loved to hear from. In fact, there were witness names added an hour before the meeting, so members didn't even have a chance to plan or prepare the kinds of questions they might want to ask.

I know that, for this committee, this is something we've never done. We do not use victims' and survivors' trauma to try to score political points in this committee. This is cruel. I think it's cruel to have people relive the trauma they've endured just to be able to have a meeting so that if it's not agreed to, there are all kinds of social media posts that Liberals or others don't care about this issue, which, as we all know, we do very deeply.

I know that under the previous chair, this committee worked with great respect for one another. We made sure that we.... The vice-chairs weren't even consulted about having this meeting. Yes, it's an emergency. I would have loved to have an emergency meeting in June so that we could have gotten our red dress alert study done before the end of the session.

Honestly, we saw yesterday that Karen Vecchio, our former chair, announced that she's not running again, which I think is very sad, because I believe that this committee has important work to do. We have done it with great—

Public SafetyPetitionsRoutine Proceedings

June 19th, 2024 / 5:50 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, it is an honour to present a petition on behalf of constituents. I rise for the 43rd time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime.

The community of Swan River is overwhelmed with alarming levels of crime because of the Liberal government's soft-on-crime laws, such as Bill C-5 and Bill C-75. Jail has become a revolving door for repeat offenders, as Bill C-75 allows violent offenders to be in jail in the morning and then back on the street the same day. Bill C-5 allows criminals to serve their sentences from home.

The people of Swan River are calling for jail, not bail, for repeat violent offenders. The people of Swan River demand that the Liberal government repeal its soft-on-crime policies, which directly threaten their livelihoods and their community. I support the good people of Swan River.

Public SafetyPetitionsRoutine Proceedings

June 13th, 2024 / 10:25 a.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, it is always an honour to present a petition on behalf of constituents.

I rise for the 42nd time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The community of Swan River is overwhelmed with the alarming levels of crime because of the Liberal government's soft-on-crime policies, such as Bill C-5 and Bill C-75. Jail has become a revolving door for repeat offenders. Bill C-75 allows violent offenders who are in jail in the morning to be back out on the street in the afternoon. Bill C-5 allows criminals to serve their sentences from home.

The people of Swan River are calling for jail, not bail, for violent repeat offenders. They demand that the Liberal government repeal its soft-on-crime policies, which directly threaten their livelihoods and their community. I support the good people of Swan River.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 9:45 p.m.


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Conservative

Brad Redekopp Conservative Saskatoon West, SK

Madam Speaker, it is a pleasure to rise tonight to speak to Bill C-20, which is an act that would establish the public complaints and review commission. It would essentially replace the existing Civilian Review and Complaints Commission for the RCMP by creating an external body and then combining it with the Canada Border Services Agency, which at the moment does not have an independent review system at all. The bill would create a new review commission for both of those organizations. It would have certain rules, tools and procedures to deal with the issues that would typically come up in a review body.

There are many different things that can come up. For example, just a few years ago in Saskatchewan, there was a terrible, tragic incident on the James Smith Cree Nation, where Myles Sanderson murdered 11 people on that reserve just north of Saskatoon. A coroner's inquest was held, which, in the future, could be done by a commission like the one we are talking about tonight. In this case, it was done by a provincial coroner's inquest. The inquest was completed in January of this year, and I want to highlight a couple of the things it found.

For example, one of the findings was that the RCMP gives patrol officers access to the most current photos of people. In addition, the enforcement and suppression team provides a list of its 60 most-wanted targets to all Saskatchewan RCMP detachments. When a most-wanted person is affiliated with or is a member of a first nation, RCMP detachment commanders work with the first nation's leadership to advise them of the individual's wanted status. That is an example of the kinds of findings and outcomes that could come from a commission like the PCRC. This is important and useful work that is done when there are complaints.

One of the interesting things in that particular incident was that the perpetrator, Myles Sanderson, had a history of violent offences and had been recently released on parole, despite the prediction by the parole board that he was likely to reoffend regardless of his racial background. This is really important because a lot of the work that commissions like the proposed one end up doing comes from a lot of the crime that is happening, obviously. The tragedy that occurred because of someone who was released on parole but maybe should not have been is an example of the soft-on-crime Liberal policies that we are seeing in Canada these days.

In 2021, the Liberal government introduced Bill C-5, which essentially removed mandatory minimum sentences from all Criminal Code offences committed with a firearm, such as robbery, assault, break and enter and extortion, as well as drug crimes such as trafficking, production and selling. In addition, Bill C-5 replaced prison sentences with conditional sentences, which is house arrest, for crimes like sexual assault, kidnapping, arson for fraudulent purposes, assault causing bodily harm with a weapon and assaulting a peace officer causing bodily harm or with a weapon. Those are just some examples of types of offences for which prison was removed and conditional sentencing, or house arrest, was granted.

In 2018, Bill C-75 was introduced by the Liberal government. Essentially, it made it much harder to put someone in jail and, conversely, much easier to get out. That is the essence of Bill C-75. The problem with that, and what leads to much of the crime we are seeing, is that it takes away the consequences in many cases for criminals, so they lose their fear of punishment. I will give an example. Imagine a youth who is struggling and is a little down on his luck. We could talk about how the government has made life so expensive with its reckless spending that has caused inflation and its carbon tax that has caused grocery prices to get more expensive, but that is another conversation.

Imagine this youth who is struggling to put food on the table. He may live with five or more other people in a two-bedroom apartment. Again, the policies of the government have caused housing to be so expensive. Now imagine that a gang member or somebody in a criminal organization asks him if he wants to make $500 by stealing a car, and tells him he will never go to go to jail and that the worst case scenario is that he will get arrested and be released back into the community, but that there are really no consequences.

What is that youth going to do? There is a good chance they are going to take the opportunity because they need the money. This is a problem in our culture today, that the consequences of their actions, the punishment for doing crimes, has been lessened so much that it becomes a viable option for a person like the one in the example I have given. What do we see in our country? We see that violent crime is up. Since 2015, when house arrest, which I mentioned in the examples I gave, was brought in, violent crimes are up 32% nationally.

Now, just to focus in on Saskatoon a little, in 2023 there were 12 murders in Saskatoon, 10 of which, by the way, were in the riding I represent, Saskatoon West, where I live and work. I have lived there for a period of time, and I have experienced many of the things that people experience on the west side of Saskatoon, including having my bike stolen, having to deal with people outside my home and things like that. These are things that we get used to and put up with.

As I said, in 2023 there were 12 murders in total in Saskatoon. So far this year, up to the end of May, there have been 10 murders, all of them in the riding I represent. I will look at a few other numbers on arrests, and this is quite concerning. In Saskatoon in the first five months of this year, there have been 830 assaults, versus 742 all last year. Sexual assaults so far this year are at 120, versus 84 all last year. Weapons charges are at 250, versus 256 all last year. Abductions so far are at 17, versus 14 all last year. Robberies are at 147, versus 131 all last year. Break and enters are at 500 so far, versus 600 all last year. Vehicles broken into or stolen so far this year are at 1,000, versus 1,200 last year.

We are not bad people on the west side of Saskatoon, far from it, and it is not a bad place to live. It is a beautiful area. There are lots of nice houses and lots of nice neighbourhoods. However, because of the soft-on-crime policies that we are seeing from the government—

Public SafetyPetitionsRoutine Proceedings

May 31st, 2024 / 12:10 p.m.


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Conservative

John Williamson Conservative New Brunswick Southwest, NB

Mr. Speaker, I rise to the table two petitions on behalf of my constituents in New Brunswick Southwest.

The first petition is concerning the rising rate of crime in rural communities. The petitioners no longer feel safe in their communities because of the soft-on-crime laws passed by the Liberal-NDP government. They note that Bill C-75 made it easier for repeat violent offenders to obtain bail, Bill C-5 removed mandatory prison time for serious gun, drugs and sex crimes, and Bill C-21 redirects valuable police resources away from our streets and toward too much back-office work.

The petitioners call on the Government of Canada to protect victims of crime by giving jail, not bail, to repeat dangerous offenders and to bring home safe streets for rural communities by immediately passing the Conservative reforms found in Bill C-325.

Women and Gender EqualityOral Questions

May 30th, 2024 / 2:50 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, on this day in 1990, members of Parliament passed a Conservative bill that would sentence doctors to jail for providing abortions. Thankfully, that bill died in the Senate.

Abortion is health care. Canadian women should always have access to abortion. Recognizing this constitutional right to abortion, Liberal Bill C-75 removed abortion from our Criminal Code entirely in 2019. That is the exact same bill the Conservative leader keeps promising to repeal.

While Conservatives speak at anti-abortion rallies and venerate American restrictions on abortion, this Liberal government will always stand up for women's rights.

JusticePetitionsRoutine Proceedings

May 29th, 2024 / 4:15 p.m.


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Conservative

Jamil Jivani Conservative Durham, ON

Mr. Speaker, I would like to table my very first petition as member of Parliament for Durham on behalf of my constituents and Canadians across the country who are concerned about rising rates of auto theft. This petition is signed by Canadians who are concerned about Liberal bail policies, Bill C-75 and Bill C-5, and their enabling of repeat offenders to continue committing crimes in our community.

Fall Economic Statement Implementation Act, 2023Government Orders

May 27th, 2024 / 7:15 p.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I am glad my colleague brought up the issue around crime. Last month was the tragic one-year anniversary of a young mother and her young child being murdered on the streets of Edmonton by a man who had just been released on bail after assaulting a young girl and another person while he was out on parole after stabbing someone randomly and charged with attempted murder. He was out on parole after also trying to stab someone to death while also out on bail on four different violent assault charges.

The Liberals introduced Bill C-5 and Bill C-75, soft-on-crime bills. I wonder whether the member could perhaps give some feedback on why he thinks the Liberal government is prioritizing the rights of criminals instead of innocent victims.

Public SafetyPetitionsRoutine Proceedings

May 24th, 2024 / 12:15 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, it is always an honour to present a petition on behalf of constituents.

I rise for the 38th time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The people of Swan River are upset that jail is a revolving door for repeat offenders, as Bill C-75 allows violent offenders to be in jail in the morning and back on the street the same day. The Manitoba West district RCMP reported that just 15 individuals were responsible for 1,184 calls for service.

The people of Swan River are calling for jail, not bail, for repeat violent offenders. The people of Swan River demand that the Liberal government repeal its soft-on-crime policies, which directly threaten their livelihoods and their community.

I support the good people of Swan River.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:40 p.m.


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Conservative

Andrew Scheer Conservative Regina—Qu'Appelle, SK

Mr. Speaker, no judge ordered the government to make it easier to restrict judges from looking at other options, including keeping dangerous and repeat offenders in jail longer. The direct result of Bill C-75 is that Canada now has a catch-and-release bail system. The minister does not have to take my word for it. He can listen to the Victoria Police Department, which said in a statement, “Bill C-75, which came into effect nationally in 2019, legislated a 'principle of restraint' that requires police to release an accused person at the earliest possible opportunity”.

Let us look at what that language says. It specifically states, “a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions”.

Can the minister just answer a simple question? There are only two options: Since Bill C-75, either the crime rate went up or the crime rate went down. After nine years of the Liberal-NDP government, has the crime rate in Canada gone up or down?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:40 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I appreciate that as a former Speaker, the member used to consult Speakers' decisions, but I also would appreciate that he knows about Supreme Court jurisprudence. What Bill C-75 did was codify a Supreme Court decision called “Antic”. The law was already in place. We took that law from the court cases and put it into the Criminal Code. That is what codification involves.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:40 p.m.


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Conservative

Andrew Scheer Conservative Regina—Qu'Appelle, SK

Mr. Speaker, I will get to auto theft in a moment, but first I want to just clarify: Bill C-75 made specific changes to make bail easier for dangerous and repeat offenders. I am not talking about any other aspect of bill C-75. Since those specific changes in Bill C-75, has the overall crime rate gone up or down in Canada?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:40 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, Bill C-75 dealt with a number of things. It dealt with trial delays. It dealt with responding to Jordan. It dealt with changing how to select a jury trial after the Gerald Stanley matter and the systemic racism that was disclosed. It also dealt with enhancing penalties for things like auto theft, which that member voted against.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:35 p.m.


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Conservative

Andrew Scheer Conservative Regina—Qu'Appelle, SK

Mr. Speaker, there has been so much misinformation from the Minister of Justice, so I am going to try one last time to get some clarity around some key points.

The NDP-Liberal government made a conscious decision to not just make it easier but actually force judges to grant bail for dangerous and repeat offenders. That was in their bill, Bill C-75. Since those changes in the government's bill, has the overall crime rate in Canada gone up or down?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:20 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I would be very open to looking at what is transpiring in California. Centring victims at the heart of our criminal justice strategy is important, and we have been attempting to do that with respect to victims of hatred, through the online hate bill; victims of child sex predation, through Bill C-63; victims of intimate partner violence, through our changes to the bail regime, not once but twice, through Bill C-48 and Bill C-75; and fundamentally, victims of gun violence in this country, through bills like Bill C-21, which would put a freeze on handgun sales and ensure tougher penalties with respect to things like gun trafficking. These are important provisions, but I am definitely willing to entertain suggestions about what California is doing and look at whether the model could be brought over.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 9:35 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I appreciate the member's contributions at the justice committee and to today's debate, but let me just outline a few things. The first is that I am not responsible, or the decision-maker, for individual bail decisions. Those are made by independent and impartial adjudicators around the country. Second, the decisions are meant to be guided by principles under the Criminal Code of Canada and by Supreme Court jurisprudence.

The member is referencing Bill C-75, and what it entrenched is the constitutional principle that already came from case law, such as the Antic decision of the Supreme Court of Canada. All we were doing was codifying a jurisprudential decision that had already been made. However, in terms of decisions that are being made about repeat offenders, that goes to the hallmark of the likelihood of reoffending. That is a consideration for bail under the Criminal Code of Canada. It needs to be applied in all instances.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 9:35 p.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, there was another story also coming out of the city of Victoria that a person charged with illicit drug trafficking three times was released on bail three times, and people are wondering what is going on with the police. Now the police, in their public notices, have taken to highlighting Bill C-75 of the Liberal government, which directs them to release people with the least restraint possible.

My question to the minister again is this: How many times is too many before a repeat violent offender like the drug trafficker I mentioned should be kept behind bars for the sake of public safety?

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 9 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, our commitment to victims, including victims of intimate partner violence, is steadfast, and that is witnessed through our reforms in Bill C-48 and Bill C-75, which dealt with the reverse onus on bail for people who are victims of intimate partner violence. That is demonstrating our commitment to victims, and we will continue to do so.

Motions in AmendmentCriminal CodePrivate Members' Business

May 23rd, 2024 / 6:05 p.m.


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Niagara Centre Ontario

Liberal

Vance Badawey LiberalParliamentary Secretary to the Minister of Transport

Mr. Speaker, I appreciate the opportunity today to speak about Bill S-224, an act to amend the Criminal Code (trafficking in persons).

This is a bill that presents the opportunity to consider Canada's criminal justice response to human trafficking.

Human trafficking is a devastating crime that involves recruiting, moving or holding victims in order to exploit these individuals for profit, usually for sexual exploitation or forced labour. Traffickers can control and pressure victims through force or through threats, including mental and emotional abuse and manipulation.

Human traffickers prey on individuals who may be in challenging situations. This could be someone who is not in contact with their family, struggling with their identity, a survivor of abuse or someone in desperate need to work for money. Whatever the reason, victims are often unaware that they are being groomed, as traffickers are often expert manipulators.

Human trafficking can involve crossing borders and, according to the UN, is becoming more difficult to detect. In 2022, for the first time, the UN reported a decrease in the number of victims detected globally. The “Global Report on Trafficking in Persons” posits that this decrease may be due to a lower institutional capacity to detect victims, fewer opportunities to traffic resulting from COVID-19 preventive restrictions and a proliferation of clandestine trafficking locations.

The UN also highlighted that climate change is multiplying trafficking risks. Climate migrants are vulnerable to trafficking, and in 2021, 23.7 million people were displaced by weather-induced natural disasters, while many others crossed borders to escape climate-induced poverty.

Importantly, human trafficking is not just a problem that occurs internationally; it is happening right now in communities across Canada.

Most trafficking convictions in Canada involve Canadian citizens. In some cases, however, they involve permanent residents or foreign nationals who are trafficked into Canada. These individuals may enter the country willingly, only to later find themselves in exploitative situations. For both internationally and domestically trafficked persons, vulnerability to being trafficked is heightened by economic deprivation, lack of opportunity or social isolation. In Canada, this includes population groups such as indigenous women and girls, migrants and new immigrants, members of the LGBTQ2 community, persons with disabilities, children in care and other at-risk youth.

I would also like to underscore the particular impact of human trafficking on indigenous women and girls.

The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls emphasizes the disproportionate impact of human trafficking and sexual exploitation on indigenous women and girls due to intersecting factors that increase the likelihood of being targeted by a trafficker. These include systemic racism, violence against indigenous women and girls, intergenerational trauma from colonization, lack of access to social and economic resources, and colonial assimilation policies.

That is why Canada has continued to demonstrate leadership in combatting human trafficking. Back in 2005, Canada enacted human trafficking offences in the Criminal Code. Those offences have been amended several times—including by our government in 2019 through former Bill C-75, which Conservatives are fond of maligning—to ensure a robust response.

For example, Bill C-75 brought into force a provision that allows prosecutors to prove one of the elements of the human trafficking offence, that the accused exercised control, direction or influence over the movements of a victim, by establishing that the accused lived with or was habitually in the company of the victim. We have heard the Conservatives say they would repeal Bill C-75, so I am curious as to whether they also plan to repeal this provision.

Moreover, in 2019, the Government of Canada launched the national strategy to combat human trafficking. This strategy is led by Public Safety Canada and is a five-year, whole-of-government approach to address human trafficking. It frames federal activities under the internationally recognized pillars of prevention, protection, prosecution, and partnerships. It also includes a fifth pillar of empowerment, which aims to enhance supports and services for victims and survivors of human trafficking.

Additionally, the Department of Justice's victims fund helps to ensure that victims and survivors of crime have improved access to justice and to give them a more effective voice in the criminal justice system. Since 2012, the Department of Justice has undertaken policy and program development through the federal victims strategy to support non-governmental organizations and other stakeholders to provide services and supports for victims and survivors of human trafficking. Since 2018, the victims fund has had an allocation of $1 million annually to support victims and survivors of human trafficking.

In terms of our legislative approach, the Criminal Code's main trafficking offence prohibits recruiting, transporting or harbouring victims to exploit them or to facilitate their exploitation by someone else under section 279.01. Separate offences criminalize materially benefiting from human trafficking under subsection 279.02(1) and withholding or destroying identity documents, whether authentic or forged, to facilitate human trafficking under subsection 279.03(1). In addition to these adult-trafficking offences, the Criminal Code also contains child-specific human trafficking offences. I stress that all of these offences have extraterritorial application, meaning that a Canadian or a permanent resident who engages in this conduct abroad can be prosecuted in Canada under subsection 7(4.2).

Importantly, convictions have been secured under these offences, including where traffickers have exploited their victims' vulnerabilities without using physical violence. Both the Ontario and the Quebec courts of appeal have found that under the existing human trafficking offences, prosecutors do not need to prove that the victim was actually afraid, that the accused used or threatened the use of physical violence or even that exploitation actually occurred. Prosecutors need only prove that a reasonable person in the victim's circumstances would believe their physical or psychological safety would be threatened if they failed to provide the labour or services required of them.

We look forward to proceeding with this discussion this evening, and I will end my comments here.

Public SafetyOral Questions

May 22nd, 2024 / 3:10 p.m.


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Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Mr. Speaker, the Prime Minister was not forced by the courts to allow career car thieves to do their sentences in their living rooms playing Grand Theft Auto. He chose to do that through his Bill C-5. He chose to bring in catch-and-release bail through Bill C-75. He chose to pass a law allowing Paul Bernardo out of max pen.

Now, the Prime Minister can make another choice. Instead of trying to ban Grandpa Joe's hunting rifle, will he put extortionists who use machine guns in jail?

Protection against Extortion ActPrivate Members' Business

May 21st, 2024 / 6:20 p.m.


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Conservative

Tim Uppal Conservative Edmonton Mill Woods, AB

Madam Speaker, after listening to the debate today and the first session of it as well, I am quite disappointed in hearing that the NDP and the Liberals will not be supporting tougher penalties for such serious crimes as extortion.

The fact is that after nine years, backward, soft-on-crime Liberal policies have resulted in a full-blown crisis across Canada. Canadians are suffering the consequences of the Liberal government's failed policies on crime with skyrocketing auto theft, extortion, gun violence, random assaults and arson right across the country. Crime is not only more frequent, but the severity of crime has also gone up.

In fact, we see extraordinary crime statistics in almost every possible crime category. Statistics Canada paints a very grim picture, reporting that car thefts are up over 300% in some cities across the country, and the rate of firearm-related or violent crime in 2022 was the highest ever recorded. According to a recent report, violent crime is only getting worse, and Canada's violent crime severity index is at its highest level since 2007.

Extortion, which we have been discussing today, is up across the country. In Ontario and Alberta, extortion offences are up almost 300%, and 386% in British Columbia since 2015. This is the result of the last nine years of soft-on-crime Liberal policies allowing crime, chaos and disorder to run rampant in our Canadian streets.

Instead of addressing this Liberal-made crisis, the government continues to make life easier for criminals and their organized crime organizations. In today's Canada, it is common for criminals to get released within hours of arrest, allowing them to return to the same communities that they terrorized just hours earlier.

Under the current Prime Minister, our police are sick and tired of arresting the same criminals over and over again just to see them walk away unpunished. They know that despite doing their job and catching these criminals, the criminals will be released because of the bills the government brought in: Bill C-5 and Bill C-75. It is not surprising that Canadians are losing faith in our justice system. After nine years of the Liberals' catch-and-release chaos, the majority of Canadians do not have confidence in our justice system anymore.

None of this is normal. None of this makes any sense, but most importantly, it does not have to be this way. Our Conservative plan in Bill C-381 would ensure that anyone who commits extortion will serve jail time. This common-sense bill would establish a mandatory sentence of three years for any criminal convicted of extortion. It would send a clear message to organized crime rings that if they do the crime, they will do the time under a Conservative government.

The bill would undo the serious damage caused by the government's reckless Bill C-5, which eliminated mandatory jail time for committing extortion with a firearm. Not only would Bill C-381 restore a mandatory four-year prison sentence for committing extortion with a firearm, but it would also make arson an aggravating factor. Additionally, any criminal who commits extortion on behalf of a gang, criminal organization or crime ring would get a mandatory five-year sentence. Finally, we would reverse the damage done by the government's Bill C-75 and restore jail, not bail, for repeat offenders who continue to benefit from Liberal soft-on-crime policies.

This common-sense bill would give prosecutors and the police an important tool to go after the ringleaders of criminal organizations and allow them to put away those who work on the ringleaders' behalf.

Canadians deserve safer streets and secure communities that are free from extortionists and organized crime. It is our Conservative common-sense plan that would bring home safer streets, reverse the damage of the last nine years of the Liberal government's chaos and restore peace in our neighbourhoods.

Protection against Extortion ActPrivate Members' Business

May 21st, 2024 / 5:50 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, after listening to my colleague's remarks, there is no doubt in my mind or in Canadians' minds why crime is absolutely out of control after nine years of the Liberal-NDP government. Liberals simply do not get it.

They talk about resources for police; I will share one story we heard recently. Police in Victoria arrested the same man three times in three days for stealing vehicles and committing other offences. This is not a matter of the police's ability to arrest, catch or find an individual. They were able to do that, but I will tell everyone what happened. First, the man was arrested for trying to steal an occupied car and released on bail. The next day, he pushed a woman out of her car and caused several crashes before trying to take a second vehicle. The police caught him; he was arrested and then released on conditions again. Incredibly, on the third day, police were called to a home invasion in progress. The suspect left and attempted to enter an occupied vehicle before he was finally arrested. Following this out-of-control crime spree, a statement from Victoria police leads with the question: Why was this person originally released?

That is the question Canadians have been asking of the government over and over again. The results are in, the evidence is in, and the evidence is staggering. Since 2015, violent crime in this country is up 39%. Why do I mention 2015? That happens to be the year that the Liberal-NDP government took power. It began the Liberal governance and the running of our justice system. Since 2015, homicides are up 43%, the highest rate in 30 years. Since 2015, gang-related homicides are up 108%. As I mention these statistics, we should remember that they represent victims from across the country, victims from urban and rural areas, individuals whose families will never see them again. Therefore, these are not just statistics. They represent Canadian victims.

Violent gun crimes are up 101%, and they have gone up every year since the Liberals took office in 2015. Assault with a weapon is up 61%, sexual assault has increased 71% since 2015, and sex crimes against children are up 126%. We all know that auto theft is out of control. Incredibly, since the Prime Minister took office, Toronto alone has seen a 300% increase in the number of vehicles stolen. Therefore, members will forgive me if I find it absolutely incredible to be lectured by the NDP or the Liberals on what works and what does not work. Canadians know and are ready to pass judgment on the government and its weak crime legislation.

It is incredibly weak in that there were deliberate efforts in Bill C-75 to create catch-and-release bail reform. Bill C-5 removed mandatory jail time for an individual who commits extortion with a firearm. I will get to this issue of extortion. The deliberate actions of the NDP-Liberal government have led us to the travesty that is our justice system. I use the words “justice system” very reluctantly; at the justice committee, a victim of crime appeared as a witness and said that Canada does not have a justice system anymore. It has a legal system. There is no justice for victims. When we look at these statistics, we see that the witness was absolutely right.

I am speaking today on the excellent legislation by my colleague from Edmonton Mill Woods, Bill C-381, the protection against extortion act.

We know that, over the last nine years, the rate of violent crime, as I just mentioned, has gone up in Canada; the rate of extortion is no exception. Extortion is the act of obtaining something, typically money, through force or threats. Since 2015, the rate of extortion in Canada has increased 218%; again, this should be no surprise for anyone who listened to the general stats around crime. In 2022, the rate of police-reported extortion increased 39% in a single year. Bill C-381 is part of our common-sense plan to crack down on extortionists and to protect Canadians.

I would like to mention some of the concrete measures that are in the bill. The bill would establish a mandatory jail sentence of three years for criminals convicted of extortion. This is Parliament's way of saying that the current sentencing on extortion is too soft and that the criminal justice system is too lenient. The revolving door that allows someone to commit serious crimes and then be released into the community has to be shut for individuals who commit such crimes, and this is an entirely appropriate mandatory jail sentence for the serious crime of extortion.

The bill would also restore the mandatory jail sentence of four years for the offence of extortion with a firearm. Now, who in their right mind would think that we should have removed a mandatory four-year sentence for the offence of extortion with a firearm? Nobody would, except that the Liberals did exactly that with Bill C-5. They removed a penalty for extortion with a firearm, allowing individuals to serve their sentence from the comfort of their own home and requiring no mandatory jail time for using a firearm in the offence of extortion. However, this is the same bunch that are happy to go after law-abiding Canadians: If a person is a hunter or a sport shooter, the Liberals want to take their guns and want to make sure that they harass them to the maximum. They are going to spend millions, if not billions, of taxpayers' dollars to buy back legally owned firearms to go after the good guys. What do they do to the bad guys, the individuals who are committing extortion with a firearm? They say, “You know, there's probably no need for you to even serve any time in jail.”

What I heard the previous speaker say, which is that criminals are somehow not aware of the penalties in our justice system, is incredibly naive. Of course criminals know that we have a lax justice system. Canada is a target for many of these criminal offences because of our lax regime. Of course criminal organizations know that minors are subject to a different legal system than adults, which is why minors are often used in the commission of some of these offences.

The private member's bill would also extend the five-year mandatory jail sentence for the offence of extortion when “committed for the benefit of, at the direction of, or in association with a criminal organization”. We are seeing criminal organizations targeting, for example, business people, saying that if they do not pay up, there will be consequences. It may be done using a firearm, or as has been the case throughout our country, with individuals using arson and burning down a project that is under construction if a person does not pay up. This is why the bill establishes arson as an aggravating factor for the charge of extortion.

For too long, the Liberal government has ignored the rising rate of extortion while communities are targeted by gangs and business owners face threats, such as having their property torched by arsonists. We know that these are not empty threats, and gun violence and arson are often associated with these extortion schemes.

Since 2015, the rate of extortion has skyrocketed under the Liberal-NDP government; it is up 263% in Ontario, 284% in Alberta and 386% in British Columbia. This is why, in January, the mayors of Brampton, Ontario, and Surrey, B.C., wrote a letter to the Minister of Public Safety asking him to take urgent action. The Liberals have not taken action. The NDP are certainly not going to take action. The Conservatives will stand up for Canadians and fight against extortion.

Report StageFall Economic Statement Implementation Act, 2023Government Orders

May 9th, 2024 / 11:35 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, absolutely, I can be very concise, because the insurance company told my staffer that the reason for the $1,000 increase in premiums was inflation and car theft. The Liberal government, with Bill C-75, made car theft go up 100% across the country, and it is driving inflation by pouring deficits on the inflationary fire.

Budget Implementation Act, 2024, No. 1Government Orders

May 7th, 2024 / 10:45 a.m.


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Conservative

Doug Shipley Conservative Barrie—Springwater—Oro-Medonte, ON

Mr. Speaker, I will be sharing my time with the member for Fort McMurray—Cold Lake.

I am honoured to rise in the House and add the voice of the people of Barrie—Springwater—Oro-Medonte to today's debate. I want to take a moment to go over the unfortunate state of this country's finances after nine years of deficit budgets and how the Liberal government's inflationary policies are affecting families in my community.

Under the Liberal government, mortgage payments have doubled, down payments have doubled, rents have doubled, the cost of gas, groceries and home heating has skyrocketed and people cannot afford to eat, heat or house themselves. The Prime Minister said repeatedly that doubling the national debt would have zero consequences and the budget would balance itself. Unfortunately, the Prime Minister did not have the foresight to realize that doubling the national debt would drive up interest rates to historic modern highs, and now the government will spend over $54 billion in interest on the national debt. That is more than the government is spending on provincial health care transfers.

The Parliamentary Budget Officer, in his latest report, stated that budget 2024 marks the third consecutive fiscal plan in which the government's new measures, even after accounting for revenue-raising and spending reviews, have exceeded the incremental “fiscal room” resulting from economic and fiscal developments.

Conservatives had three simple demands leading up to this year's budget. We committed that if the Liberal government introduced measures to immediately pass Bill C-234 in its original form, require cities to permit 15% more homebuilding each year as a condition for receiving federal infrastructure money, and cap spending with a dollar-for-dollar rule to bring down interest rates and inflation, we would give our support to the budget. Unfortunately, the Prime Minister and the finance minister ignored our pleas for a balanced budget, lower taxes and more homes for Canadians, and decided to add more than $60 billion in new spending that will keep inflation and interest rates higher than Canadians can afford. That means higher taxes, higher inflation, higher interest rates, higher rents and higher mortgage payments.

I would like to spend some time discussing three central issues that I hear often from members of my community: the high cost of housing, the carbon tax and public safety.

First, one of the top concerns for residents in my community is housing affordability. In my riding, the cost of housing has skyrocketed under the Liberal government. Residents in my riding are now forced to spend almost $2,000 a month on a one-bedroom apartment. The only solution to this crisis is for the Liberals to build more homes. Unfortunately, the Prime Minister told Canadians directly that housing is not a federal responsibility, and bureaucrats in his own housing department have confirmed that the government has no plans to bring down housing costs by building the homes that Canadians need.

According to Statistics Canada, between January 1 and November 30, 2023, Canada built 17,000 fewer homes than in the previous year. Instead of taking real action to address this issue, the Liberal government is concerned with photo ops and ribbon cuttings. The numbers do not lie. The government has failed an entire generation of Canadians who fear that they will never be able to own a home.

I see the crisis surrounding interest rates playing out in my community. I receive calls and emails constantly from residents whose mortgage rates have doubled. Recently, a retiree in my riding saw their mortgage jump from $1,100 a month to $2,600 in less than a year. It has not always been like this in Canada. Nine years ago, the average down payment on a home was approximately $20,000. Now the massive cost of even a modest home in my community is forcing residents to save for longer and longer. It now takes 25 years to save up for the cost of a down payment, and the needed down payment for a home has doubled.

Roughly 64% of the average pre-tax monthly income is needed to pay the monthly costs associated with housing. This crisis has made the dream of home ownership impossible for all but the wealthiest few. In fact, 76% of Canadians who do not own homes believe they never will. The Liberal government had nine years to address this issue. The housing crisis is a policy and leadership failure from the Liberal government.

I will go on to an issue that is directly affecting families and farmers in my community: the carbon tax. Just a few weeks ago, the Prime Minister hiked his punishing carbon tax by 23% as part of his plan to quadruple the carbon tax over the next six years. The Parliamentary Budget Officer told members of this House that Canadians would be better off without the carbon tax, saying that they would experience higher income growth while the price of food would come down, but the Liberal government went ahead with its tax anyway.

To illustrate the impact this tax is having on the lives of Canadians, I want to share some of the correspondence I have received from people living in my community. I have a bill here from a family of six in my riding that is paying $142 a month plus HST in carbon tax on their home heating bill.

I have another Enbridge bill from a Barrie resident where the carbon tax makes up 33% of the total bill when the HST is factored in. This resident bought a programmable thermostat that automatically turns down the temperature in her home to 15°C from 10 p.m. to 6 a.m. She believes that she is doing all she can do lower her gas bill, but she still feels punished by this costly carbon tax.

I hear this government boast often about the rural top-up of the carbon rebate. Meanwhile, we know that the calculations it made on who qualifies as a rural Canadian are deeply flawed. Residents in my riding who live in rural places like Anten Mills, Elmvale, Hillsdale, Midhurst, Minesing, Phelpston, and Snow Valley are deemed to be living in urban areas, according to the Liberal government's rural top-up formula. Budget 2024 finally says that the government will look to better define rural areas, but it only commits to putting forward a proposal to do so later in the year. This is unacceptable for residents in my riding who are forced to pay more in carbon tax, and it is proof of why we simply need to axe the tax for everyone, forever.

I will move on to how this tax is affecting the hard-working farmers in my riding. I am proud to represent a riding with a large, vibrant agricultural industry. I was recently sent an Enbridge bill for almost $10,000 from a farmer in my riding who runs a poultry operation. Their bill shows a carbon tax charge of $2,700 on the cost of fuel to dry grain corn. Shockingly, the carbon tax is more than the value of the gas before delivery and global adjustment. The Prime Minister just does not understand that if we tax the farmer who grows the food and the trucker who ships the food, we end up taxing the food that a family buys.

Finally, I will spend some time discussing the crime and chaos that the Prime Minister has unleashed, which is deeply affecting members of my community.

Small businesses bring life and a sense of community to our downtowns and neighbourhoods, yet they are sounding the alarm about the impacts of crime on their livelihoods. These businesses, including in my community, face significant challenges related to vandalism, theft, loitering, and public intoxication.

In my riding, a beloved Italian restaurant named Limoncello Bistro was recently broken into for the sixth time. Thieves who recently broke into Limoncello Bistro stole everything from the restaurant, even the meat and seafood. These repeated break-ins have cost the owners thousands and thousands of dollars. One of the owners of Limoncello Bistro has stated, “I find it hard to swallow that I have to pick up and leave a place where 5 short years ago this wasn't as bad as it is today. We fell in love with downtown Barrie. The waterfront, the community and the people. We as business owners shouldn't have to leave because criminals are putting us out of business.”

I agree. Small businesses like Limoncello Bistro are on the front lines of the Canadian public safety crisis, and we urgently need to address this issue of skyrocketing crime rates. We know that the Liberal government caused this problem with its soft-on-crime laws: Bill C-5 and Bill C-75.

Another issue that is directly affecting small businesses in my community is the Liberal government's nonsensical attack on law-abiding hunters, farmers, and sport shooters. The budget proposes to spend $30.4 million on a hunting rifle buyback plan that does not exist. This is on top of the $42 million it has already committed. Members can think about that. The Liberal government will now spend $72.4 million to buy exactly zero guns from owners and businesses. Not one gun has been bought back after spending $72.4 million.

I recently received an email from a small business owner in my riding. He is a responsible business owner who gives back to the community and is facing devastating financial losses because of this failed policy. He is now struggling to pay for his everyday expenses. He has over 40 firearms, worth almost $50,000, sitting in safes that cannot be sold but must be insured and housed in a secure rental space, while the Liberal government forces him to pay GST on them. The owner of this business says that this government is “clearly bent on just winning political points and not truly caring about the safety of the general public surrounding firearms and criminals who use them.” I agree with him. While the Prime Minister wants to protect turkeys from hunters, common-sense Conservatives want to protect Canadians from criminals.

The only way to reverse the damage the Liberal government has caused is by reversing course and doing the opposite. Canadians want change. They want lower taxes, lower mortgage rates, lower grocery bills and safer communities. Most of all, they want a change in government. The Conservative promise is simple: no gimmicks, no half measures. We will axe the tax, build more homes, fix the budget, stop the crime and bring home affordability for all Canadians.

I will be voting alongside my Conservative colleagues against the budget, and we will be voting no confidence in this costly NDP-Liberal coalition.

Public SafetyPetitionsRoutine Proceedings

May 6th, 2024 / 3:15 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, it is always an honour to present petitions on behalf of my constituents.

I rise for the 35th time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. Jail has become a revolving door for repeat offenders. Bill C-75 allows violent offenders to be in jail in the morning and back on the street the same day, while Bill C-5 allows criminals to serve their sentences from home.

The people of Swan River are calling for jail, not bail, for violent repeat offenders. They demand that the Liberal government repeal its soft-on-crime policies, which directly threaten their livelihoods and their community. I support the good people of Swan River.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

May 3rd, 2024 / 10:05 a.m.


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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, I will continue with my remarks.

It is vitally important that we debate the proposed legislation. As it came out of committee, there were numerous concerns that we, as Conservatives, raised in the amendments to the legislation; they were not addressed. Certainly, it is not enough to impede the legislation, but it is critically important that we have a debate on it and see it come through.

I find it curious that the NDP-Liberal government, which told us last fall how important it was to get the legislation passed, has dithered. The legislation came out of committee in November, and we have had months to bring it forward for third reading debate. Here we are in May, and the government has finally brought it forward. Therefore, we do not take it very seriously when the NDP-Liberal government talks about how important it considers the legislation to be, while it is only bringing it up in May.

Our RCMP and CBSA officers make incredible sacrifices, and we need to do the very best we can to ensure that they and their families are safe and protected. They are consistently putting their lives in danger every day. It is in the interest of the public, as well as the brave members of the RCMP and CBSA, that complaints be dealt with in a timely and efficient manner. This is crucial to guard against potential abuses of power and to maintain Canadians' trust in their agencies.

Canada has the largest undefended border in the world, and the lack of resources for the CBSA to perform its role to the fullest extent is seen in the rising crime in cities, such as Montreal and Toronto, and across the country. Illegal firearms are being smuggled through our porous border and used every day in horrific crimes. Even in rural areas, including in my riding, in towns such as Bon Accord, crime is on the rise after nine years of the NDP-Liberal government's soft-on-crime policies.

Unfortunately, it seems that the government is more focused on targeting law-abiding Canadian firearms owners and hunters than on fulfilling promises to implement a policy and provide resources for our border. There, we find rampant illegal activities, such as auto theft and gun smuggling; it is at a point where the fastest-growing export in this country is stolen vehicles.

At the public safety committee, we heard the Liberals continually attempt to distract from their miserable record on crime. Amidst this ongoing auto theft crisis that is impacting communities across the country, desperate Liberals have resorted to blaming car dealerships, small businesses, for the rise in car thefts. It is clear that they do not want to talk about the facts, and the fact is that auto theft has risen to unprecedented levels as a direct result of the Liberals' soft-on-crime agenda.

We can all agree that the proposed bill is important for maintaining public trust in the RCMP and the CBSA. However, we cannot have productive debates unless we discuss the tremendous strain that is currently being placed on our brave men and women. Our law enforcement agencies, much like the Canadian Armed Forces, are suffering from significant recruitment and retention issues. What exactly is the government doing to ensure that these brave men and women feel valued and supported in their role?

Of course, the public should have a right to an independent and effective complaints commission to hold the RCMP and CBSA accountable for their actions. However, when we are not providing the resources for frontline police officers, the CBSA and other first responders to do their job effectively, it is no surprise that we are seeing mistakes. Our law enforcement personnel are under tremendous pressure as they deal with the impacts of the crime wave that is occurring across this country. When mistakes happen in the line of duty, it is frequently because these exemplary men and women are being pushed to their limit, overwhelmed by the crisis the government has created.

In fact, the National Police Federation put forward very commonsensical amendments that it wanted to see in this motion. Its members are concerned because RCMP officers are often being pulled off the front lines to do bureaucratic paperwork and deal with complaints, when complains should really be dealt with by an independent commission. Unfortunately, the proposed bill has some flaws, because it would still maintain a requirement for extensive bureaucratic red tape for RCMP officers in providing information and supporting these investigations, which would pull our resources off the front line.

We want to see an independent commission that does its job and that is resourced and staffed. In this way, RCMP officers and CBSA officers could focus on the front lines and not the back lines.

Let us talk about drug use. Our law enforcement officers are expected to act as social workers. They are confronting daily crime and disorder that the government's drug policies have inflicted on our communities, and we know this is causing a mental health crisis within the ranks.

On violent crime, we have heard at the public safety committee that the chiefs are fearful for the safety of their officers, especially since violent offenders are able to continuously terrify communities as a result of the “bail, not jail” provisions of Liberal Bill C-75. It should come as no surprise that the government does not want to have these conversations. Its record on crime is miserable.

Since this government came to power in 2015, Canada has become a massive importer of illegal firearms from the United States, a massive exporter of stolen cars to Africa and to the Middle East, and also has become an exporter of fentanyl across the world. It is shameful. While implementing this soft-on-crime agenda, the Liberal government has taken very little action to ensure that the brave men and women who choose to serve their communities and their country feel supported and respected in their work.

Everyone who goes through a border crossing should be able to go without facing discrimination or unfair treatment by border agents. Bill C-20 would allow people who have had negative experiences and who feel that their rights have been violated to submit complaints formally and to have them reviewed within a six-month period. I think it is critically important that we talk about this six-month period because we have seen some cases that witnesses have brought forward, where people made complaints, and those complaints were not addressed for months, and in fact, some complaints were not addressed for years. In some tragic cases, the complainants actually passed away before they could get responses to their complaints, and we do not want to see that happen. Of course, sometimes it is unavoidable, but we need to set standards to ensure that these complaints are being dealt with in a timely manner.

Currently, CBSA is the only public safety agency in Canada without any independent oversight body for public complaints. Establishing an independent review body would foster and would enhance public trust and confidence in Canada's law enforcement and border services institution, which I think is something that we can agree is desperately needed in this country.

In closing, we know that the NDP-Liberal government has ignored its promises and has put off this critical legislation for years. It failed to deliver this important change; although, we hope this change will soon be delivered. It would help Canadians to renew their trust in our public safety agencies. It is a trust that I know many Canadians have, but when they see things like the police complaints commission not operating effectively or not being in existence in some cases, I think it causes some people to have some doubts about the transparency and accountability in the system.

How is it that so many Canadians had to face nothing but endless bureaucracy, when for years, we could have had legislation and a system to streamline the process for public complaints and could have established an oversight body for the CBSA?

The government has had plenty of opportunities to deliver and to fulfill its promises over these last nine years, but it failed to do so. If we have proven anything to Canadians it is that the promises of the NDP-Liberal government are just empty words, and years go by before any meaningful action or promise can be accomplished, if at all.

To perform their jobs effectively and to deliver the best possible service to Canadians, the RCMP and the CBSA require an efficient complaints process. While common-sense Conservatives are supportive of this effort, we believe that the Liberal government needs to do more to support our brave men and women in uniform who support our communities. My Conservative colleagues and I will continue to advocate on behalf of Canadians and to ensure that the highest standards are being met within the CBSA and the RCMP.

Combating Motor Vehicle Theft ActPrivate Members' Business

May 2nd, 2024 / 6:15 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, I guess the truth hurts. The hon. member who just protested was proclaiming that he has all the answers and that, in British Columbia, auto theft is not an issue. Did colleagues know that in Victoria, British Columbia, an individual was arrested for auto theft? He was let out on April 21. On April 22, he was arrested for auto theft and let out again. Then, on April 23, he was arrested for breaking into a house in Victoria to steal an automobile. In three days, he had three arrests and was out on bail. The facts run contrary to the suggestion that the Liberals and the NDP have all the answers.

There has been a 216% increase in charges in Toronto from 2015, when the Liberals took government, to today. There have been increases of 190% in Moncton, New Brunswick; 122% in Ottawa; and 105% in Montreal. Toronto has seen a 300% increase in vehicles stolen. In the last few years, the automobile that is used to transport the Minister of Justice of this country has been stolen not once or twice, but three times. The Minister of Emergency Preparedness has had his vehicle stolen. The minister for the CRA had their vehicle stolen, and it is still not recovered.

For colleagues to suggest that everything is okay and that we do not need a bill such as the one that the member for Prince Albert has proposed is completely wrong. Canadians are listening. They understand that auto theft is an issue across the country, in every province, whether one lives in an urban centre or a rural community. As well, crime is an issue. Since the Liberal government took power in 2015, just nine years ago, violent crime is up 39%; homicides are up 43%, for the highest rate in 30 years; gang-related homicides are up 108%; violent gun crimes are up 101%; assaults with a weapon are up 61%; sexual assaults are up 71%; and sex crimes against children are up 126%. I already gave some of the statistics on the subject matter of this bill, which is auto theft.

We are not going to turn to the failed policies of the NDP and the Liberals for the answers. We need common sense, and this is a common-sense piece of legislation. Let us talk about what it would do. The members opposite falsely claimed that it introduces a new mandatory minimum penalty. It does not. There is a six-month mandatory penalty in the Criminal Code for the third offence of stealing an automobile. Most Canadians would agree with this: It would increase the mandatory penalty to three years if someone is arrested, charged, convicted and then commits an offence again; they are arrested, charged and convicted, with the full benefit of the charter, and then there is a third offence.

The police tell us the number of Canadians stealing vehicles is not large. Quite the contrary, a small number of criminals are stealing a lot of vehicles. If those individuals are taken off the street, then they will no longer do so. That is why the police in Victoria laid blame for the out-of-control incident that happened there and said it is the fault of the Liberal government; it is the fault of Bill C-75, legislation that allows for catch-and-release. I mentioned this incident earlier, where an individual was arrested three times in three days for stealing automobiles.

The police do their job. They investigate; they catch the criminal. They have done a fantastic job, but the Liberal justice system has been letting those people back out onto the streets. That is no way to keep Canadians safe or to have a justice system.

We had a victim of crime at our justice committee who said that, in Canada, we do not have a justice system anymore; we have a legal system. That is how Canadians are feeling and why they are looking for answers. That is why the member for Prince Albert has put forward this tremendous piece of legislation. As I mentioned, on a third offence, an individual would receive a mandatory penalty of jail time for stealing a motor vehicle. It would remove the eligibility for house arrest if someone is convicted of a motor vehicle theft by way of indictment. That would be a more serious case of motor vehicle theft.

Who in the world would think it is a good idea that, when a serious criminal steals automobiles, is caught by the police, and is charged and convicted in our system, a judge should be able to sentence them to serve their sentence in their own home in the community where they stole the vehicle? No one would think that is fair.

However, that is a direct result of the Liberals' bill, Bill C-5, which allows for house arrest for such issues as arson, theft over $5,000, motor vehicle theft and sexual assault. These are all serious offences that people should get serious jail time for.

The member for Prince Albert has rightly said that is wrong. If one is a serious auto thief, one should serve time not in the comfort of one's own home and one's own community, not where one could revictimize members of the community, but in jail.

Finally, as has been mentioned, organized crime is increasingly active in motor vehicle theft in Canada. We hear the cases where individuals' vehicles are stolen and show up in the Middle East, across the ocean. That is organized crime. This legislation would create an aggravating factor in sentencing if the offence of motor vehicle theft is committed for the benefit of organized crime.

We all increasingly have examples of the victimization from motor vehicle theft. In fact, two out of five Canadians have either had their vehicle stolen or know somebody who has had their vehicle stolen. As a matter of fact, every member of Parliament knows at least one person who has had their vehicle stolen. We know the Minister of Justice has had his stolen three times. There is absolutely no doubt that this is an epidemic in Canada.

In my home province of New Brunswick, there was a situation where someone stole a motor vehicle. The police did their job and arrested him. He was brought before a judge in Saint John, and because of the Liberal legislation, Bill C-75, the judge had to let him out. How was he going to get back home? Of course, he stole a motor vehicle in Saint John and drove it home.

These are the kinds of things happening across the country, and only one party seems to be serious about doing something about it. We hear a lot of victim blaming. We hear that people should pay more money and have more expensive theft deterrents. We even hear from police that we should probably keep our keys right at the entrance of our home rather than inside so we do not end up in a conflict with car thieves in our home.

That is not a Canada any of us wants. We want a Canada where people are safe and the Canada where people used to leave their doors unlocked. We are a long way from that now. We need a Canada where we take crime seriously, where we have a true justice system and where Canadians do not go to bed wondering if their car is going to be in the driveway in the morning.

I commend the member for Prince Albert on a fantastic private member's bill, and I am happy to support it.

JusticeOral Questions

May 1st, 2024 / 2:45 p.m.


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Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Mr. Speaker, in Canada's biggest city, gun crime is up 66%. It is 100% nationwide. I just shared the tragic story of someone out on bail, slamming his car into an innocent family. Two wonderful grandparents are dead. A beautiful baby is dead. He was out on bail under the Prime Minister's catch-and-release bill, Bill C-75.

How many more will have to die before he repeals catch-and-release, and brings jail, not bail, for repeat offenders?

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Thank you, Chair.

I don't really have any skin in the game for this one. I'm speaking as someone who did vote against Bill C-75. I was present in the 42nd Parliament during the Liberal majority government.

I just find it curious that this motion is being brought forward when we're actually in the middle of a study on car theft. Questions come to mind.

Why is this motion so necessary when we have plenty of opportunity during the middle of this particular study to ask questions?

Has anyone thought of bringing in the Victoria Police Department or inviting them as a witness so we could ask questions? There's a lot of language in this motion that is asking us to go on the good faith of the Conservatives, which in some cases is in short supply.

I just wanted to make those observations that there were probably other opportunities and more conciliatory ways of bringing this forward during the middle of a study on car thefts.

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Thank you, Mr. Chair.

I feel far away from you today, but I understand that it helps keep our interpreters healthy and safe, and without them, we could not do our jobs day in and day out. I'd like to thank the House technicians for implementing this measure.

The motion put forward by my Conservative colleague pertains to a crime in which an individual was arrested for carjacking. The Bloc Québécois is obviously very concerned about any offence or situation related to the rise in auto thefts across the country—which is why I proposed the study in the first place. We are in the middle of the study, and we have witnesses here today to discuss that very issue. They've taken time out of their day to speak with us and share their recommendations. Out of respect for them, I would like us to get back to the study.

If I'm not mistaken, Bill C-75 was debated, and voted on, in the 42nd Parliament. It received royal assent in June 2019, so I don't think we need to vote on conclusions that tie back to a bill from a previous Parliament. If we can vote on the motion, we can get back to the study, and I'll be voting against the motion.

Damien Kurek Conservative Battle River—Crowfoot, AB

Thank you very much, Chair.

I appreciate the motion that my colleague, Mr. Caputo, has moved.

Let me share for a brief moment some reflections that are not my own, which I heard over the course of the constituency week from some law enforcement professionals in my constituency. To make sure that I protect them, I won't get too specific as to where they're from and which police force they're a part of. Suffice it to say, they police a large rural area and part of the region that I have the honour of representing.

The reason it's so relevant is that it relates to the catch-and-release policies that see a very small number of offenders—in many cases dangerous, violent offenders—being arrested time and time again for the same crimes. You have small communities.... In the area that I represent, there are several hundred people who are terrorized by a small group of people. Everybody knows who is perpetrating these crimes. The police know that is in fact the case. It is so frustrating, and in fact demoralizing, to our hard-working men and women who wear police uniforms of various departments.

I know this motion specifically references the Victoria Police Department and that's very valid, but it's an amplification of the message that we hear from so many law enforcement professionals. These are individuals who put their lives on the line every day to keep our communities safe, yet they feel like the forces are pushing back against them being able to do their jobs with the catch-and-release policies like those that we've seen from Bill C-75.

Whether it's in small towns across rural Alberta, in the north, in the Maritimes or in our big cities where we see cars sometimes the same day or within a couple of days being shipped overseas, this is a huge concern. I suggest it requires the continued urgency of this committee, especially as we are hearing from those who are on the front lines.

I cannot emphasize that enough. Those who are on the front lines are facing the direct consequences of this. I could not imagine a more difficult career in today's world than being a law enforcement professional, a police officer, with all of the pressures. They have policies of their government working against their ability to do their jobs and protect the communities where they live and work and that they care so deeply about.

There is much more that I could say on this subject. I would simply say, to my colleagues from other parties, let's treat this with the urgency that Canadians are demanding this committee treat it with. Let's pass this motion. It's a small step to acknowledge some of the urgency in how we can address auto theft, and specifically the issues surrounding those repeat violent offenders. Hundreds of hours of police work go into those arrests, yet the offenders are being turned out within hours. In many cases, they are then back out on the streets committing those same crimes, endangering our communities and traumatizing individuals. Quite frankly, Canadians deserve better than what they're getting.

I hope that this committee seizes this opportunity to take a serious look at this issue with some of the information that is being brought forward by the Victoria Police Department, to amplify that message that we are hearing from so many across our country.

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Thank you very much, Mr. Chair.

I want to thank my colleague, Mr. Caputo, for putting forward this motion and for his excellent work on this important issue.

I appreciate the opportunity to say a few words about the sad trajectory that rates of crime have taken in this country in the last nine years—in the time that Justin Trudeau has been Prime Minister.

We have seen how this NDP-Liberal-Trudeau experiment of catch-and-release policies in the area of bail has simply failed. We have many instances where, let's say, the same people are committing crimes over and over again. Someone commits a crime in the morning, they're released on bail and they proceed to commit another crime in the afternoon, evening and so on.

This is not a coincidence that all of a sudden Justin Trudeau becomes the Prime Minister and suddenly people's disposition towards criminal activity changes. It's a consequence of policy decisions that were made by the government that allow repeat violent offenders to have easier access to bail and to go out and commit crimes that harm our community.

That is why I think this motion is important. It's a motion that was put on notice—and I hope will have the support of colleagues—that simply supports the findings of the Victoria Police Department and recognizes the failures in the Liberal government's Bill C-75, the revolving door bill, as it relates to bail. The motion responds to and recognizes the determinations of that police department that this revolving door bill is causing significant problems. It's making life more difficult for police officers and for everyday citizens. It's making life easier for repeat violent criminals.

I appreciate the clarity of the motion and the fact that it responds to an evident reality in the government's record on crime. Crime statistics tell this story very clearly. Crime was dropping up until 2015 and then rose dramatically after 2015. We all know what happened in 2015.

It's been nine years of failed NDP-Liberal experiments on crime that haven't worked. It's time for a new approach.

I'll leave my comments there.

Public SafetyOral Questions

April 29th, 2024 / 3:05 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, that member knows and should know that the bail reform bill, which the member actually voted in favour of, tackles serious violent repeat offenders, which include those who use serious violence in committing an auto theft.

What the member should also realize is that when the very bill he impugned, Bill C-75, was before this chamber in the 42nd Parliament, we promoted an augmentation, an increase in the penalty available for auto theft. He and all of his colleagues voted against that.

What I would prefer is some collaboration and a bit less hypocrisy.

Public SafetyOral Questions

April 29th, 2024 / 3:05 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, that member knows that repeat violent offenders are already dealt with by our bail regime. He voted in favour of that. He should also know that when Bill C-75, the very bill—

Public SafetyOral Questions

April 29th, 2024 / 3:05 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, after nine years of the Prime Minister, car theft in Canada is completely out of control. Two out of five Canadians have either had their car stolen or know someone who has.

Last week in Victoria, a repeat offender was arrested three times in three days for stealing cars. The police in Victoria had to put out a statement and they laid the blame for this on the Liberals' failed bill, Bill C-75.

Will the justice minister listen to the police and reverse their soft-on-crime Bill C-75?

Public SafetyAdjournment Proceedings

April 18th, 2024 / 6:30 p.m.


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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, I am pleased to rise tonight on a very important issue.

In November of last year, a 12-year-old child committed suicide in British Columbia, after being the victim of online sexual extortion. The Liberal government has known that this has been a growing problem during the entirety of its nearly nine-year mandate and has taken no action to address this issue. It has gotten worse, and more children have been victimized. It is not just children who are the victims of extortion, and it does not just happen online, but I want to specifically address the extortion of children in Canada, particularly sexual extortion.

This is a federal problem. The gaps in the Criminal Code that allow these criminals to operate are in the federal jurisdiction. The RCMP, which is responsible for catching these organized criminals, is federal. The Prime Minister passed federal Bill C-5, which eliminated mandatory jail time for committing extortion with a firearm. On top of this, he brought into place very detrimental, very poor bail reform, with Bill C-75, which makes it easier for offenders to get back on our streets.

Instead of reacting in a way that would address these gaps, the federal government has proposed a very large bureaucracy that is extrajudicial, that has no costing associated with it, that does not have a set timeline for coming into force and that would be subject to regulations that would not be built for years down the road. That is opposed to supporting common-sense measures, like establishing increased mandatory sentences for criminals convicted of extortion; bringing in five-year prison sentences for any criminal convicted of extortion who is acting on behalf of gangs, and there could be modifiers for cases of children; also restoring mandatory four-year prison sentences for the offence of extortion with a firearm; making arson an aggravating factor for the charge of extortion; and reversing the damage done by Bill C-75.

There are other things the government could be doing as well. We know that the problem of bringing people to justice, for any crime in Canada, but certainly for serious criminal issues, has been a problem since the government took office because the government has not been appointing judges. Across the country, there is a lack of judges. That lack of the ability of the government to appoint judges, coupled with Jordan's principle, has created this system where essentially the criminals act without any sort of deterrent.

I am just wondering why the government has chosen this “kick the can farther down the road” approach to dealing with child online sexual extortion, as opposed to closing loopholes in the Criminal Code and ensuring that there are adequate resources and tools for law enforcement agencies and the judiciary to bring criminals to justice.

JusticeOral Questions

April 18th, 2024 / 3:05 p.m.


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Conservative

Doug Shipley Conservative Barrie—Springwater—Oro-Medonte, ON

Mr. Speaker, after nine years of the NDP-Liberal government, the Prime Minister is not worth the cost or the crime. Today, we learned that thieves who stole $20 million in the biggest gold heist in Canadian history are out on bail. This is because of the Liberal government's shameful Bill C-75, which allows offenders to be in jail in the morning and back on the streets in the evening.

Will the Prime Minister reverse his bail-over-jail policies in Bill C-75?

Public SafetyOral Questions

April 18th, 2024 / 3 p.m.


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Conservative

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

Mr. Speaker, on the contrary, I think that the Minister of Justice is forgetting that car thieves and other criminals in Montreal are not afraid because of Bill C‑5 and Bill C‑75, which deal with catch-and-release. They know that there will not be any consequences. If they are arrested, then they will be immediately released. That is what Bill C‑75 does.

Can the Minister of Justice or the Prime Minister answer the question? Will they impose harsher sentences for car thieves so that these individuals are afraid of being arrested and stop stealing cars in Montreal?

Public SafetyOral Questions

April 18th, 2024 / 3 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, there are two things I would like to point out.

First of all, as soon as Bill C‑75 was introduced in the House two Parliaments ago, the member opposite voted against it, even though it included longer sentences for auto theft.

Now we have a budget. In the budget, we have already announced that we are going to increase the maximum sentences for auto theft. However, the member and his leader have already said that the Conservatives oppose our budget and our efforts to control auto theft.

JusticeOral Questions

April 18th, 2024 / 2:20 p.m.


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Conservative

Melissa Lantsman Conservative Thornhill, ON

Mr. Speaker, it did not work because Liberals do think that these criminals should be released back into the community. They passed the very bills that made it possible. They are the reason why gunrunners and gangsters who steal millions of dollars in gold get turned back loose onto the streets.

Did the Prime Minister get a little golden nugget from these criminals to pass his catch-and-release bill, Bill C-75? When will the government finally reverse these policies, protect our communities and keep criminals in jail where they belong?

Financial Statement of Minister of FinanceThe BudgetGovernment Orders

April 18th, 2024 / 10:50 a.m.


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Conservative

Pierre Poilievre Conservative Carleton, ON

Madam Speaker, I am not finished.

I will continue in English. I want to share this great speech with English-speaking Canadians.

After nine years of the Prime Minister's deficits doubling the national debt and doubling housing costs and a new budget that brings in $50 billion of new unfunded spending on promises he has already broken, this budget, just like the Prime Minister, is not worth the cost, and Conservatives will be voting no.

Before I get into the reasons, and my common-sense plan to axe the tax, build the homes, fix the budget and stop the crime, I would like to pay the Minister of Finance a compliment for a page in her speech I thought was extremely illustrative. She said, “I would like Canada’s one per cent—Canada’s 0.1 per cent—to consider this: What kind of Canada do you want to live in?”

Before I go any further, let us point out the incredible irony that, as she and her leader point out, Canada's 0.1% are doing better than ever after nine years of the Prime Minister promising to go after them. Yes, they have benefited from the tens of billions of dollars of undeserved corporate welfare handouts and grants, ironically supported by the NDP; of corporate loan guarantees that protect them against losses in cases of incompetence or dishonest bidding; of contracts, of which there are now $21 billion, granted to outside and highly paid consultants, many of them making millions of dollars a year in taxpayer contracts for work that could be done inside the government itself if that work if of any value at all; and finally, of those grand fortunes that have been inflated by the $600 billion of inflationary money printing that has transferred wealth from the working class to the wealthiest among us. That 0.1% is doing better than ever after nine years of the Prime Minister pretending he would get tough on them.

Let me go on. I am interrupting myself. The Minister of Finance asked, “Do you want to live in a country where you can tell the size of someone’s paycheque by their smile?” Wow. How many Canadians are smiling when they look at their paycheque today? People are not smiling at all because a paycheque cannot buy them a basket of affordable food, according to Sylvain Charlebois, the food professor. He has said that the cost of a basket of food has gone up by thousands of dollars per year, but the majority of Canadians are spending hundreds of dollars less than is required to buy that basket. That means they are not getting enough food. We live in a country now where the average paycheque cannot pay the average rent, so nobody is smiling when they look at their paycheque.

The minister went on to ask, “Do you want to live in a country where kids go to school hungry?” According to the Prime Minister, one in four kids are going to school hungry after his nine years. I look here at a press release his government released on April 1, on April Fool's Day of all days, where he says, “Nearly one in four children do not get enough food”. In fact, it says that they do not get enough food “to learn and grow.”

No, we do not want to live in a country where kids go to school hungry, but according to the Prime Minister's own release, we do live in a country where one in four kids do go to school hungry. The Minister of Finance then said, “Do you want to live in a country where the only young Canadians who can buy their own homes are those with parents who can help with the downpayment?” No, we do not want to live in that country, but we do live in that country today.

According to data released by RBC Dominion, for the average family to afford monthly payments on the average home in Canada, the family would have to spend 64% of its pre-tax income. Most families do not keep 64% of pre-tax income because they pay so much in taxes. Therefore, most families would have to give up on eating, recreation, clothing themselves and transportation to be mathematically capable of making payments on the average home. For young people, it is even worse because they do not have a nest egg. They cannot afford a down payment that has doubled in the last nine years. That is why 76% of Canadians who do not own homes tell pollsters they believe they never will. Do we want to live in a country where the only young people who can afford a down payment are those whose parents can pay it for them? No. However, that is the country that we live in today.

“Do [you] want to live in a country where we make the investments we need in health care, in housing, in old age pensions, but we lack the political will to pay for them and choose instead to pass a ballooning debt on to our children?”

Are we living in the twilight zone here? These are the minister's words: Do we want to live in a country where we pass the bill on to our children with “ballooning debt”? She asks this as she is ballooning the debt by adding $40 billion to that debt. She asks this while giving a speech about the perils of passing ballooning debt to our children. She is the finance minister for the government that has added more debt than all previous governments combined in the preceding century and a half. It is worth noting that the Prime Minister has added his deficits as a share of GDP that are bigger than we had in World War I, in the Great Depression and in the great global recession of 2008 and 2009.

I should also note that the majority of debt that has been added under the Prime Minister was unrelated to COVID. The “dog ate my homework” excuse, of blaming COVID for all that is wrong in Canada, no longer works. I will add that we are now three years past COVID and the deficits and debt continue to grow, putting a lie to that entire endless, nauseating excuse that the government has made.

The Prime Minister has added so much debt that we are now spending more on interest for that debt than we are spending on health care; $54.1 billion in debt interest this year; more money for those wealthy bankers and bondholders who own our debt; and less money for the doctors and nurses whom we await when we sit for 26 hours in the average emergency room right across the country.

No, we do not want to live in a country that passes on a ballooning debt to our children, but after nine years of the Prime Minister, that is exactly the country in which we live.

The Minister of Finance asks, “Do [you] want to live in a country where those at the very top live lives of luxury?” Who does that remind us of? Somebody who flies around in a private jet to stay on secret islands on the other side of the hemisphere, where they treat him to $8,000 and $9,000-a-day luxuries, and he pays for it with the tax dollars of Canadians and emits thousands of tonnes of greenhouse gases into our atmosphere, somebody luxuriates in that way at the expense of everyone else. He shall remain unnamed because we cannot say the Prime Minister's name in the House of Commons, so I will not break that parliamentary rule. However, I do point out the irony.

I will start again. The Minister of Finance asks:

Do [you] want to live in a country where those at the very top live lives of luxury but must do so in gated communities behind ever-higher fences using private health care and private planes because the public sphere is so degraded and the wrath of the vast majority of their less-privileged compatriots burns so hot?

She says that the wrath of the majority of less privileged compatriots burns so hot. She is right that some people do not have the ability to live in gated communities, behind armed guards. Those people are told that they should leave their keys next to the door so that the car thieves can just walk in and peacefully steal their cars.

Communities across the country are being ravaged by crime, chaos, drugs and disorder. What she has described is exactly what is happening after nine years of the government. We have nurses in British Columbia hospitals who are terrified to go to work because the Prime Minister, in collusion with the NDP Premier of B.C., has decriminalized hard drugs and allowed the worst criminals to bring weapons and narcotics into their hospital rooms, where they cannot be confronted. We have 26 international students crammed into the basement of one Brampton home. We have a car stolen every 40 minutes in the GTA. We have 100% increase in gun killings across the country.

We have communities where people are terrified to go out. We have small businesses across Brampton and Surrey that are receiving letters weekly, warning them that if they do not write cheques for millions of dollars to extortionists, their homes will be shot up, and their children will have bullets flying through the windows as they are sleeping.

That is life in Canada today. Do we want to live in that country? No, we do not want to live in that country. After eight years of rising costs, rising crime and rising chaos, the Prime Minister is not worth the cost. We will replace him with a common-sense Conservative government that will bring home a country we love.

What does that country look like and how will we get there? Fortunately, we have a common-sense plan that will axe the tax, build the homes, fix the budget and stop the crime.

Let us start with the carbon tax that went up 23% on April 1. Now we see the raging gas prices at the pumps across Ontario. There is chaos as people are desperately trying to get to the pumps and fill up before the latest hikes go ahead.

The Prime Minister celebrates, saying that high gas prices are his purpose, and he has the full support of the NDP leader on most days, when the NDP leader can figure out what his policy is. The NDP leader has voted 22 times to hike the carbon tax. Both parties, along with the help of the Bloc, have voted for future increases that will quadruple the tax to 61¢ a litre, a tax that will also apply on home heating bills and, of course, a tax that applies to the farmers who produce the food, the truckers who ship the food and therefore on all who buy the food.

That is why common-sense Conservatives will axe the tax to bring home lower prices. We take exactly the opposite approach of the Prime Minister when it comes to protecting our environment. His approach is to raise the cost on traditional energy we still need. Our approach is to lower the cost on other alternatives. We will green light green projects, like nuclear power, hydroelectric dams, carbon capture and storage, mining of critical minerals, like lithium, cobalt, copper and others. We will do this by repealing the unconstitutional Bill C-69 so that we can approve these projects in 18 months, rather than in 18 years.

Here is the difference, the Prime Minister wants taxes, I want technology. He wants to drive our money to the dirty dictators abroad, I want to bring it home in powerful paycheques for our people in this country.

The same approach that will allow us to unleash energy, abundance and affordability is the approach we will take to build the homes; that is to say getting the government gatekeepers out of the way.

Why do we have the worst housing inflation in the G7 after nine years of the Prime Minister? Why have housing costs risen 40% faster than paycheques? It is by far the worst gap of any G7 country. Why did UBS say Toronto had the worst housing bubble in the world? Vancouver is the third most overpriced when comparing median income to median house price according to Demographia. Why? Because we have the worst bureaucracy when it comes to home building.

After nine years of the Prime Minister, Canada has the second slowest building permits out of nearly 40 OECD countries. These permitting costs add $1.3 million to the cost of every newly built home in Vancouver, and $350,000 to every newly built home in Toronto. Winnipeg blocked 2,000 homes next to a transit station that was built for those homes. The City of Montreal has blocked 25,000 homes in the last seven years. Literally hundreds of thousands of homes are waiting to be built, but are locked up in slow permitting processes.

What do we have as a solution? The Prime Minister has taken the worst immigration minister in our country's history, the guy the Prime Minister blamed for causing out-of-control temporary immigration to balloon housing prices, and put him in charge of housing. Since that time, the minister has said that his housing accelerator fund of $4 billion does not actually build any homes.

Since he has doled out all of this cash to political friends in incompetent city halls across the country, home building has dropped. In fact, home building is down this year and, according to the federal government's housing agency, it will be down next year and again the year after that. That is a housing decelerator not accelerator.

That is what happens when a minister is chosen because he is a media darling and a fast talker, rather than someone who gets things done, as I did when I was housing minister. The rent was only $973 a month for the average family right across the country, and the average house price was roughly $400,000. That is results. There was less talk and less government spending, but far more homes. That is what our common-sense plan will do again.

Our plan will build the homes by requiring municipalities to speed up, permit more land and build faster. They will be required to permit 15% more homes per year as a condition of getting federal funding, and to permit high-rise apartments around every federally funded transit station. We will sell off 6,000 federal buildings and thousands of acres of federal land to build. We will get rid of the carbon tax to lower the cost of building materials.

Finally, we will reward the working people who build homes, because we need more boots, not more suits. We will pass the common-sense Conservative law that allows trade workers to write off the full cost of transportation, food and accommodation to go from one work site to another, so they can build the homes while bringing home paycheques for themselves.

These homes will be in safe neighbourhoods. We will stop the crime by making repeat violent offenders ineligible for bail, parole or house arrest. That will mean no more catch and release. We will repeal Bill C-5, the house arrest law. We will repeal Bill C-75, the catch-and-release law. We will repeal Bill C-83, the cushy living for multiple murderers law that allows Paul Bernardo to enjoy tennis courts and skating rinks that most Canadian taxpaying families can no longer afford outside of prison.

We will bring in jail and not bail for repeat violent offenders. We will repeal the entire catch-and-release criminal justice agenda that the radical Prime Minister, with the help of the loony-left NDP, has brought in. The radical agenda that has turned many of our streets into war zones will be a thing of the past.

We will also stop giving out deadly narcotics. I made a video about the so-called safe supply. I went to the tragic site of yet another homeless encampment in Vancouver, which used to be one of the most beautiful views in the entire world. Now it is unfortunately a place where people live in squalor and die of overdoses. Everyone said it was terrible that I was planning to take away the tax-funded drugs and that all of the claims I made were just a bunch of conspiracy theories, but everything I said then has been proven accurate, every word of it.

I noticed that the Liberals and the pointy-headed professors they relied on for their policies have all gone into hiding as well. Why is that? It is because the facts are now coming out. Even the public health agency in British Columbia, which has been pushing the NDP-Liberal ideology, is admitting that the tax-funded hydromorphone is being diverted. The police in Vancouver said this week that 50% of all the high-powered hydromorphone opioids are paid for with tax dollars and given out by public health agencies supposedly to save lives. Now we know that those very powerful drugs are being resold to children, who are getting hooked on them, and the profits are being used to buy even more dangerous fentanyl, tranq and other drugs that are leaving our people face-first on the pavement, dying of record overdoses.

The so-called experts always tell us to ignore the bumper stickers and look at the facts. The facts are in. In British Columbia, where this radical and incomparable policy has been most enthusiastically embraced, overdose deaths are up 300%. They have risen in B.C. faster than anywhere else in Canada and possibly anywhere else in North America. The ultraprogressive state of Oregon has reversed decriminalization, recognizing the total chaos, death and destruction the policy has caused.

What does the radical Prime Minister, with the help of his NDP counterpart, do? They look at the death and destruction that has occurred in the Downtown Eastside of Vancouver and other communities and say we should have more of that. They took a walk, or better yet, these two politicians probably drove through the Downtown Eastside in their bulletproof limousines. They looked around at the people who were bent over completely tranquilized by fentanyl, saw the people lying face-first on the ground, saw the tents that the police would have pointed out are filled with dangerous guns and drugs, saw all the small businesses that were shuttered by this policy and said that we should have more of that. They want to replicate all the policies that have created it so that we can have tent cities and homeless encampments in every corner of the country.

That is exactly what they have done. In Halifax, there are 35 homeless encampments in one city after nine years of the Prime Minister, his NDP counterpart and the Liberal mayor of Halifax. If we look at every town in this country, we will find homeless encampments that never existed before the last nine years. This policy will go down in infamy as one of the most insane experiments ever carried out on a population. Nowhere else in the world is this being done. The Liberals gaslight us. They love to say that all the civilized people believe that giving out these drugs will save lives, but nowhere else is this being done. When we tell people this is happening, they have a hard time believing that we are giving out heroin-grade drugs for free to addicts and expecting it to save lives.

Now they spill into our hospitals, where nurses are told by the NPD government in B.C. and the Liberal government in Ottawa that they are not allowed to take away crack pipes or knives or guns. They are just supposed to expect that someone is going to consume the drugs, have a massive fit and start slashing up the hospital floor. This is something out of a bad hallucination and a hallucination that will come to an end when I am prime minister. We will end this nightmare.

We will also ensure that Canadians have a better way. We are not only going to ban the drugs. We are not only going to stop giving out taxpayer-funded drugs. We are going to provide treatment and recovery.

If people are watching today and are suffering from addiction and do not know how they can turn their lives around, I want them to know that there is hope. There is a better future ahead. We will put the money into beautiful treatment centres with counselling, group therapy, physical exercise, yoga and sweat lodges for first nations, where people can graduate drug-free, live in nearby housing that helps them transition into a law-abiding, drug-free life, and come back to the centre for a counselling session, a workout or maybe even to mentor an incoming addict on the hopeful future that is ahead. That is the way we are going to bring our loved ones home, drug-free.

As I always say, we are going to have a common-sense dollar-for-dollar law, requiring that we find one dollar of savings for every new dollar of spending. In this case, that will include how we will partly pay for this. We will unleash the biggest lawsuit in Canadian history against the corrupt pharmaceutical companies that profited off of this nightmare. We will make them pay.

Finally, we will stop the gun crime. We know that gun crime is out of control. Just yesterday, we saw this gold heist. By the way, all of the gold thieves are out on bail already, so do not to worry. They will have to send the Prime Minister a nugget of gold to thank him for passing Bill C-75 and letting them out of jail within a few days of this monster gold heist.

Why did they steal the gold? They stole the gold so that they could buy the guns, because we know that all of the gun crime is happening with stolen guns. The Prime Minister wants to ban all civilian, law-abiding people from owning guns, but he wants to allow every criminal to have as many guns as they want. I am not just talking about rifles. I am talking about machine guns, fully loaded machine guns that are being found on the street, which never existed since they were banned in the 1970s. Now the criminals can get them because the Prime Minister has mismanaged the federal borders and ports and because he is wasting so much money going after the good guys.

The Prime Minister wants to ban our hunting rifles. He said so in a December 2022 interview with CTV. He was very clear. If someone has a hunting rifle, he said he will have to take it away. He kept his word by introducing a 300-page amendment to his Bill C-21, which would have banned 300 pages of the most popular and safe hunting rifles. He only put that policy on hold because of a backlash that common-sense Conservatives led, which included rural Canadians, first nations Canadians and NDPers from rural communities. He had to flip-flop.

I know that in places like Kapuskasing, the law-abiding people enjoy hunting. While the NDP leader and the Prime Minister look down on those people and think that they are to blame for crime, we know that the hunters in Kapuskasing are the salt of the earth, the best people around, and we are going to make sure that they can keep their hunting rifles. God love them. God love every one of them.

While the Prime Minister wants to protect turkeys from hunters, common-sense Conservatives want to protect Canadians from criminals. That is why we will repeal his insane policies.

By the way, I should point out that he has not even done any of the bans. We remember that he had that big press conference during the election. He said to his policy team that morning that he needed them to come up with a policy that would allow him to put a big, scary-looking black gun on his podium sign. They said, “Okay, we will think of something.” He put that scary-looking gun on his podium sign, and he said he was going to ban all of these assault rifles. They asked him what an assault rifle was, and he said he did not know, just that it was the black, scary thing on the front of his podium sign. That was the assault rifle he was referring to.

It is now three years since he made that promise. He was asked again in the hallways what an assault rifle was. He said he was still working to figure it out. These rifles that he says he is going to ban one day, he does not know what they are but one day he is going to figure it out and ban them. In the meantime, he has spent $40 million to buy exactly zero guns from owners. He said he was going to ban them and buy them from the owners. Not one gun has been taken off the street after spending $40 million.

We could have used that money to hire CBSA officers who would have secured our ports against the thousands of illegal guns that are pouring in and killing people on our streets. When I am prime minister, we will cancel this multi-billion dollar waste of money. We will use it to hire frontline boots-on-the-ground officers who will inspect shipping containers and to buy scanners that can pierce inside to stop the drugs, stop the illegal guns, stop the export of our stolen cars and stop the crime.

What we are seeing is a very different philosophical approach. The finance minister said in her concluding remarks that what we need is bigger and stronger government. Does that not sound eerie? In other words, she and the Prime Minister want to be bigger and stronger. That is why they are always trying to make Canadians feel weaker and smaller. The Prime Minister literally called our people a small, fringe minority. He jabs his fingers in the faces of our citizens. He calls small businesses tax cheats. He claims that those who own hunting rifles are just Americans.

The Prime Minister points his fingers at people who disagree with him. He has the audacity of claiming that anyone who is offside with him is a racist. This is a guy who dressed up in racist costumes so many times he cannot remember them all. He has been denigrating other people his whole life. That is because it is all about him. It is all about concentrating more power and more money in his hands. This budget is no different. It is about a bigger government and smaller citizens. It is about buying his way through the next election with cash that the working-class people have earned and he has burned.

By contrast, I want the opposite. I want smaller government to make room for bigger citizens. I want a state that is a servant and not the master. I want a country where the prime minister actually lives up to the meaning of the word: “prime” meaning “first”, and “minister” meaning “servant”. That is what “minister” means. “Minister” is not master; “minister” is servant.

We need a country that puts people back in charge of their money, their communities, their families and their lives, a country based on the common sense of the common people, united for our common home, their home, my home, our home. Let us bring it home.

Therefore, I move:

That the motion be amended by deleting all of the words after the word “That” and substituting the following:

“the House reject the government's budget since it fails to:

a. Axe the tax on farmers and food by passing Bill C-234 in its original form.

b. Build the homes, not bureaucracy, by requiring cities permit 15% more home building each year as a condition for receiving federal infrastructure money.

c. Cap the spending with a dollar-for-dollar rule to bring down interest rates and inflation by requiring the government to find a dollar in savings for every new dollar of spending.

Financial Statement of Minister of FinanceThe BudgetGovernment Orders

April 18th, 2024 / 10:20 a.m.


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Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Madam Speaker, after nine years and nine deficit budgets, the Prime Minister has doubled the national debt. He has added more to our debt than all the other prime ministers combined.

He has doubled the cost of housing and forced two million people to rely on food banks. Now, he is presenting a budget with $50 billion in additional inflationary spending, while repeating the same election promises he has failed to keep for a decade. That is why this budget and this Prime Minister are not worth the cost. We will be voting against this budget to show the government that we have lost confidence in it.

The Conservative Party has a common-sense plan: axe the tax, build the homes, fix the budget and stop the crime. Before I get into my common-sense plan, I would like to pay the Minister of Finance a compliment for asking Canada’s wealthiest some very good questions. She said, “I would like to ask Canada's 1%, Canada's 0.1%, to consider this: What kind of country do they want to live in?”

First, it bears mentioning that the minister and her leader do recognize that Canada's 0.1% are doing very well indeed after nine years of this Liberal government. They have benefited from enormous corporate handouts and grants—the biggest in the history of our country, in fact. They have received massive loan guarantees that protect them against losses from poor investments, which means that working class Canadians are left holding the bag. Millionaire businessmen like the GC Strategies contractors are surely part of the wealthiest 0.1% thanks to the gifts given them by this Prime Minister, such as the 100% increase in the number of outside contracts. In addition, by printing $600 billion of new money, this government made billionaires even richer. Lastly, the Prime Minister is a member of the 0.1%, since he inherited millions of dollars from his grandfather and placed the money in a trust that shelters it from taxes and protects it, just like those billionaires who invite him to their private island in the Caribbean. It was therefore a very good idea to put this question to the wealthiest 0.1% who are doing better than ever after nine years under this prime minister.

I am going to quote other questions that the minister asked them, including the following: “Do they want to live in a country where we can tell the size of one's paycheque by their smile?” After nine years of rising taxes, inflation and interest rates, Canadians are no longer smiling when they look at their paycheque, because it is disappearing. After nine years, Canada has the lowest personal income growth of any G7 country. Our GDP per capita is down from what it was five years ago. People have no reason to smile. Their paycheque does not buy them as much food or cover as much of their housing as it did nine years ago.

The minister also asked, “Do they want to live in a country where kids go to school hungry?” Obviously, the answer is no. However, that is the reality after nine years of this Prime Minister. According to the documents published by his own government, the Prime Minister admits that nearly one in four children go to school without food every day. After nine years of this Prime Minister, who taxes the farmers who produce our food and the truckers who deliver our food, a quarter of all children do not have enough to eat. We see today in the budget a promise to feed them. That promise was made in 2021, three years ago. How many meals have been provided since? Not a single one has been provided. After nine years of this Prime Minister, our children are going hungry.

The minister also asked, “Do they want to live in a country where the only young Canadians who can buy their own homes are those with parents who can help with the down payment?” That is the country we live in now, after nine years of this Prime Minister.

After nine years, he has doubled the cost of housing, doubled the down payment needed to buy a home and doubled the mortgage payment for an average home. Let us not forget that nine years ago, the average down payment was around $20,000. I remember because I was the minister responsible for housing at the time and it was possible to buy a home with a modest down payment of $20,000. Now, the down payment that is needed has doubled. Roughly 64% of the average monthly income is needed to pay the monthly costs associated with housing. That is nearly double what it was nine years ago. As a result, only the rich, only the children of the wealthy can buy a home right now.

“Do they want to live in a country where we make the investments we need in health care, in housing, in old age pensions, but we lack the political will to pay for them and choose instead to pass a ballooning debt on to our children?” I am quoting the Minister of Finance.

This Prime Minister is the one who doubled our national debt nine years after saying the budget would balance itself. He said he would run three small deficits totalling less than $10 billion. Now he has added nearly $700 billion to the debt, most of which has nothing to do with COVID-19 spending. He continues to rack up deficits of approximately $40 billion, three years after COVID-19. He can no longer say that the dog ate his homework and that the deficits are tied to COVID-19. He is choosing to go deeper and deeper into debt.

I would like to tell the minister that we do not want to live in a country where we leave our children with a growing debt, but that is the country we now live in after nine years under this prime minister.

“Do they want to live in a country where those at the very top live lives of luxury but must do so in gated communities behind ever-higher fences using private health care and private planes because the public sphere is so degraded and the wrath of the vast majority of their less-privileged compatriots burns so hot?” I am again quoting the finance minister.

That is the country that we are living in now after nine years under this Prime Minister. Yes, the wealthy, like him, have private planes. He uses his private plane more than anyone else, while he is forcing single parent mothers who dare to drive their Toyota Corolla to pay a carbon tax. He is spending taxpayers' money to take illegal vacations on private islands. He and his cronies are the ones benefiting from this, while things on our streets and in our neighbourhoods are worse than they have ever been. It is complete chaos. Auto theft has become so commonplace that the police are telling people to leave their keys next to the door so that the thieves will have an easier time of it. That is the country that we are living in after nine years under this Prime Minister.

Minister, do we want to live in a country where we can tell the size of one's paycheque by their smile? No, but that is the country we live in. Do we want kids to go to school hungry? No, but the government says that is the country we live in now. Do we want to live in a country where the only young people who can buy a home are those with rich parents? No, but that is the country we now live in after nine years of this Prime Minister. Do we want to live in a country where our children are saddled with more and more debt year after year? No, but that is the country we now live in after nine years of this Prime Minister. Do we want to live in a country where the rich, like this Prime Minister, can travel around the world in private jets, while the majority live in the chaos and hell of our crime-ridden cities? No, but that is the country we now live in.

We do not want that kind of country. That is exactly why we need an election to elect a new common-sense government, a government that will deliver the country we love for all Canadians.

Just for a minute, let us talk about the myth that they are very rich. Nine years ago, members will recall, the Prime Minister said that he was going to spend, spend, spend, that it would not cost anyone a cent, and that some rich guy on a hill was going to pay all the bills. Where is he?

After nine years of this government, the rich are paying less than ever. After nine years of this Prime Minister, and for the first time in our history, owning a home is beyond the reach of an entire generation. After nine years of this Prime Minister's promises to help the so-called middle class, the middle class no longer exists. The middle class is poor.

If anyone thinks I am exaggerating, I have one simple question: Can a middle-class person afford to buy a house today? It is mathematically impossible for a middle-class person to buy an average home. I am not the one saying it. According to the Royal Bank of Canada, it takes 63% of the average family's pre-tax income to pay the average costs of a home today. It is a mathematical impossibility. Nine years ago, it took 38% of a monthly paycheque to pay the mortgage. Now, it takes twice as much.

If someone cannot buy a house, they are not part of the middle class. One in four families cannot feed their own children—one in four, and that is from the government's own statistics. That family is not part of the middle class either.

Yesterday's budget tabled by the Finance Minister was a major admission of failure. She admitted that after nine years of her government, life is hell for the so-called middle class. Middle-class Canadians have become Canada's poor. This Prime Minister has presided over the worst decline in middle-class quality of life in the history of our country. Things may even be worse than during the Great Depression. That is not me saying this, that is the minister herself and the Prime Minister.

When the Prime Minister talks about the condition this country is in, he describes it as a living hell for the poor and for workers. He describes a hell for the children who do not have enough food to eat. He describes a country where the elderly cannot pay their bills.

It is as though he has not been Prime Minister for a decade. Waving a magic wand, he tries to convince us that this is his first day on the job. After nine years, the Prime Minister is right: Life is hell for the middle class, and it is because we have a Prime Minister who is not worth the cost.

Fortunately, it was not like that before this Prime Minister and it will not be like that after this Prime Minister. We will replace him with a common-sense government that will lower taxes, build housing, fix the budget and stop the crime. I will explain how we will do this.

First, Canadians pay more in tax than they spend on food, housing and clothing. That is how things are after nine years of this costly government. That is why the trend must be reversed. Spending must be brought under control so that taxes can be lowered and Canadians' paycheques can go farther. Workers, businesspeople and seniors must be allowed to keep more of their hard-earned money.

Second, more housing must be built. After nine years of this Prime Minister, we have less housing per capita than any other G7 country. That is because we have the worst bureaucracy. Our bureaucracy prevents housing construction, adds hundreds of thousands of dollars to the cost of each home and causes years-long delays. Among OECD countries, Canada is the second slowest to issue building permits. This adds $1.3 million to the price of each new home in Vancouver and $350,000 in Toronto. The City of Montreal prevented the construction of 25,000 homes. The City of Winnipeg prevented the construction of 2,000 homes next to a public transit station built specifically for these future houses. That is absurd. The federal government should not be sending $5 billion to municipal governments for them to build bureaucracies that prevent home building.

On the contrary, we must begin to encourage municipalities to allow more construction by freeing up land and authorizing construction more rapidly. Real estate companies are paid for each house sold. Builders are paid for each house built. We should pay municipalities for each housing unit approved. My common sense plan will require municipalities to allow 15% more construction per year and authorize the construction of high rise apartment buildings near transit stations funded by the federal government. That will be the condition to meet to receive this money.

We will do this by entering into agreements with the provinces, fully respecting their areas of jurisdiction and allowing them to achieve these results as they see fit, without federal interference. Then we are going to sell 6,000 buildings and thousands of acres of federal land to allow for more construction. We will also reduce taxes on housing construction to accelerate construction. This is a common-sense plan to return to a situation where housing is affordable, as it was nine years ago, when I was the minister responsible for housing.

Third, we are going to fix the budget by imposing a dollar-for-dollar rule. For each new dollar spent, my government will find a dollar of savings somewhere else. That is how we cap the cost of government to allow taxpayers and the economy to grow and reduce the size of the government relative to the country.

It is a decentralizing and responsible approach. This is how we will eventually balance the budget, reduce interest rates and bring down inflation.

I find it very ironic that the Bloc Québécois has voted more than once to increase the size of the federal government. It voted in favour of $500 billion in centralizing, inflationary and discretionary spending by the current Prime Minister. I am talking about the kind of spending that increased the size of the government and the number of federal employees by 40%. The Bloc Québécois voted to double spending for external consultants, who now cost $21 billion, in other words, $1,400 in taxes for each Quebec family just for consultants.

We understand why this Liberal centralist government would want to do that, but we do not understand why a so-called sovereigntist party would vote for such an increase and concentration of powers and money at the federal level. It makes no sense. It is because the Bloc Québécois does not want to free Quebeckers from federal costs. It wants to implement a leftist ideology born on the Plateau Mont-Royal. It just wants a bigger role for government, whether federal, provincial or municipal. The Bloc Québécois's leader is obsessed with more government, more costs for workers. We Conservatives want a smaller federal government for a bigger Quebec. We want less control by Ottawa and more power for Quebeckers. A smaller federal government for a bigger Quebec is simple common sense. We are the only party that will be able to do it.

At the same time, we need to eliminate inflation, which widens the gap between the rich and the poor. A monetary system of printing money naturally favours the wealthy. It is something the Prime Minister borrowed from the United States. The United States' monetary policy causes inflation year after year to inflate Washington's spending and to inflate shares on Wall Street. It is an alliance between Wall Street and Washington, between big companies and big government. Of course, it favours the wealthy. The people who live in Manhattan and Washington are the richest people in the country. This is due in part to the fact that the United States prints a lot of money to help both groups.

Here in Canada, for the first time, a Prime Minister tried to copy and paste that approach by printing $600 billion to finance his own spending. It caused the worst inflation since the time of his father, who did the same thing. What are the consequences? Those who have shares or investments in land that is ripe for speculation, in gold, or in exclusive luxury wines get richer. The value of their assets is inflated. Conversely, people who rely on a paycheque or pension get poorer. The value of their paycheque diminishes. It is a transfer of wealth from the poorest to the richest, and it is a benefit that often goes untaxed.

It is a benefit the Prime Minister keeps adding to day after day, causing this inflation. I would add that the people who receive these big financial gifts from governments often pay no taxes at all because they never sell their assets. They borrow money by using their assets as collateral to purchase more assets, whose value swells more with inflation, and then they use those assets to purchase even more assets, and so on. Wealth becomes concentrated in the hands of the infamous 1% or 0.1% of the population. This trend has been accelerating since the Prime Minister came to power, because it helps the wealthiest Canadians and also allows his government to indulge in uncontrolled spending. Both sides get what they want. The Prime Minister can spend the money he prints out of thin air, and the wealthiest benefit from the inflation of the value of their assets and their wealth. It is always the working class that ends up footing the bill for this irresponsible approach.

I will put an end to that. I will restore the Bank of Canada's mandate, which is to keep inflation low and the dollar higher. We will make sure that we do not print money just to spend it, because that is an inflation tax. It is an unjust and amoral tax. I will axe the inflation tax by fixing the budget. I want people to bring home more powerful paycheques.

Speaking of home, home is more dangerous after nine years of this Prime Minister, who automatically releases criminals on bail or allows them to be sentenced to house arrest, the “Netflix sentences” that he implemented with bills C-5, C-75 and C-83. These laws have allowed people to be released mere hours after their arrest so that they could commit more crimes. That is why street crime is surging all across Canada.

Yesterday we heard reports of a major shootout in downtown Montreal. There has been a more than 100% increase in the number of car thefts in Montreal, Toronto and other major cities. My common-sense plan will keep the most dangerous criminals in prison by making those with dozens of convictions ineligible for bail, getting rid of “Netflix sentences,” forcing car thieves to serve their sentences in prison, and not going after our hunters and sport shooters. If someone has a gun they bought legally after going through an RCMP background check, receiving training and passing tests to prove that they are a safe, responsible person, they will be able to keep it. However, if they are criminals, we will stop them from having guns. We will strengthen the border and our ports. We will scan containers to make sure that no weapons or drugs enter the country and that no stolen vehicles leave. That is the common sense needed to stop the crime and make our communities safe again.

We are going to implement a common-sense plan that will rebuild the country that we want, a country that is the opposite of what the Minister of Finance described in her speech. It will be a country where it pays to work, where everyone who works hard can afford to buy a home and put food on the table in a safe neighbourhood. That is what Canadians are entitled to and deserve, and that is what they will have with a common-sense government.

Protection Against Extortion ActPrivate Members' Business

April 17th, 2024 / 6:30 p.m.


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Conservative

Tim Uppal Conservative Edmonton Mill Woods, AB

Mr. Speaker, it is nice to say that we all need to come together to find a solution, but the fact is that the member is part of the government that brought in Bill C-75 and Bill C-5, which make it easier for violent criminals to get back out onto the streets and terrorize the same communities they come from. If we talked to police officers right across the country, they would tell us they are arresting criminals in the morning who are being released later that day.

The member and the government had the power to keep criminals in jail. They chose their ideological ways and soft-on-crime policies and are allowing these criminals back onto the streets. Only Conservatives would put criminals behind bars with jail, not bail.

Protection Against Extortion ActPrivate Members' Business

April 17th, 2024 / 6:15 p.m.


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Conservative

Tim Uppal Conservative Edmonton Mill Woods, AB

moved that Bill C-381, An Act to amend the Criminal Code (extortion), be read the second time and referred to a committee.

Mr. Speaker, crime is wreaking havoc in our neighbourhoods and communities right across this country. We see extraordinary crime statistics in almost every single category. We continue hearing about incidents that are committed by the same repeat offenders. They get arrested, get released and commit more crimes, and the cycle repeats.

This is a result of the last nine years of the Liberals' soft-on-crime policies. After nine years under the Prime Minister, our nation faces a full-blown crisis that demands urgent action. Each day, Canadians wake up to the news of more gun violence, gang shootings, extortion, auto thefts, robberies and arson. That was not the case nine years ago.

What happened nine years ago? Canadians got a new Prime Minister, a Prime Minister whose soft-on-crime policies unleashed chaos in our once peaceful towns and suburbs, a Prime Minister who made Canada a safe haven for organized crime and gangs, a Prime Minister who makes life easier for criminals, not Canadians, with his broken catch-and-release bail system.

According to the Liberal government's own news release, auto theft in Toronto has skyrocketed by an alarming 300% since 2015. In just nine years, there has been a terrifying increase in extortion across the country. In fact, the rate of extortion was five times higher in 2022 than a decade prior. In 2022, the rate of police-reported extortion increased for the third consecutive year. Extortion has skyrocketed in Ontario, Alberta and British Columbia, where it has risen 263%, 284% and 386%, respectively, since 2015. These numbers are extremely alarming. In the GTA alone, extortion has increased by 155% since 2015 and, in Vancouver, by 228%.

I would like to remind my colleagues in the House that, behind every number and every statistic, there is a real family, a business owner who fears for their safety and their family's well-being. Canadian's lives and their livelihoods are at stake. There are examples of terrified families right across the country. I met one such family in the GTA, who ran a very successful business. They worked hard to get where they are today, but earlier this year they started receiving extortion threats. Soon after that, their house was shot at. The family had to stay separately in different hotels. They wore bullet-proof vests to go outside, and they had to purchase a bullet-proof vehicle as part of a long list of security measures. That was all because they ran a successful business.

I also want to tell colleagues about Mr. Buta Singh Gill. He moved to Edmonton from Punjab, where he was a trained lawyer. Like many new Canadians, he worked in a meat processing plant when he got to Edmonton, and then he went on to drive a bus for the Edmonton transit system. Then he followed up on his dream to become an entrepreneur. He started building homes, first with single-family homes and then multi-family homes. Eventually, he started building apartments for Canadians to live in. He also gave back to the community. In fact, he and his family were heavily involved in revitalizing one of the gurdwaras in Edmonton.

His family also received extortion threats. His family home was shot at. Houses that he had under construction were burned down. He and his family also had to take extraordinary security measures, which would obviously be extremely expensive for any family or business to undertake, but Buta would not let thugs slow him down.

Last week, Mr. Buta Singh Gill, a prominent Edmonton businessman, a family man who had just welcomed his first grandkids, twins, and a community leader, was murdered in broad daylight at one of his construction sites. It seems the murder had nothing to do with the extortion letters. Regardless, he is another tragic victim of violent crime in our country.

I went to his home and met with his family. His sister-in-law and brother said they cannot believe that this is happening in Canada and that they moved to Canada for a better life for their family, a safer life for their family. They are right that this is not the Canada they moved to. Things have been very different in the last nine years.

Mayors in British Columbia and Ontario have written to the Prime Minister's top government officials asking them to take concrete action to combat extortion in their once-peaceful communities. Despite this, we continue to see the government's complete inaction.

Extortion is a federal problem. The Criminal Code that allows these criminals to openly operate freely is federal. The RCMP, which is responsible for catching these criminals, is also federal, yet our neighbourhoods are grappling with the reality of the Prime Minister's indifference to their suffering. Law enforcement continues to catch and release the same individuals, who terrorize our communities and continue to commit crimes, because of soft-on-crime Liberal policies.

Of course, it is not just extortion. Auto theft continues to rise across Canada. Statistics Canada paints a grim picture, with auto theft up by 190% in Moncton, 122% in the Ottawa-Gatineau area, over 100% in Montreal and 62% in Winnipeg. These staggering statistics underscore the urgent need for action to address this growing threat to our communities.

In 2022, the insurance industry spent over $1 billion on car theft. Where does that extra $1 billion come from? It comes from the pockets of hard-working Canadians. They pay the cost of auto theft crime. With insurance premiums skyrocketing, some Canadian drivers are facing a staggering 25% increase in premiums this year alone. Again, the responsibility to combat auto theft lies squarely with the federal government. In fact, all primary prevention tools, such as the Criminal Code, the RCMP, the CBSA and our port systems, are at the Prime Minister's disposal.

Liberal catch-and-release, soft-on-crime policies, Bill C-75 and Bill C-5, have allowed crime to thrive in our country. Liberal Bill C-5 eliminated mandatory prison time for drug traffickers and those who commit acts of violence. It allows criminals who commit violent acts to serve their sentences at home, in the same communities they have terrorized.

According to a recent report published by the Macdonald-Laurier Institute, violent crime is only getting worse and Canada's violent crime severity index is at its highest level since 2007. This means that the overall severity of crime has risen significantly in Canada.

To put things in perspective, under the previous Conservative government, the violent crime severity index decreased by almost 25%. Under the Liberal government, it has increased by 30%. According to Statistics Canada, the rate of firearms-related violent crime in 2022 was at the highest level ever recorded. This is a 9% increase from 2021 alone. Because of Liberal catch-and-release policies, criminals who get caught are able to walk away and are back on our streets terrorizing our neighbourhoods, sometimes within hours. Just talk to local police officers and they will say that. In addition, an increasing number of criminal cases are being stayed or withdrawn thanks to the Liberal justice minister, who has simply failed to appoint enough judges.

What does the government have to say to the victims of these crimes or to our hard-working police officers, who are sick and tired of catching the same criminals over and over again? Not surprisingly, Canadians are losing faith in our justice system. After eight years of Liberal catch-and-release policies letting crime and chaos run rampant on our streets, only 46% of Canadians still have confidence in our justice system.

For Conservatives, combatting crime is a top priority. What we want to tell Canadians today is that they do not have to live like this. Conservatives have a common-sense plan to protect our businesses and neighbourhoods, with common-sense legislation that would prioritize the safety of Canadians.

My private member's bill, the protection against extortion act, Bill C-381, is a common-sense bill that addresses extortion and those who terrorize our communities with demands for protection. First and foremost, this bill would undo the serious damage caused by the government's reckless crime policies, such as Bill C-5. Bill C-5 eliminated mandatory jail time for committing extortion with a firearm. On top of this, the government also brought in catch-and-release bail policies in Bill C-75, which make it easier for extortionists to get back onto our streets.

Bill C-381 would establish a mandatory prison sentence of three years for a criminal conviction of extortion. In addition, we would bring in a mandatory five-year prison sentence for any criminal convicted of extortion who is acting on behalf of a gang or organized crime. This mean that not only would the criminals who carry out these crimes go to prison, but also that prosecutors and police would have another tool to go after the ringleaders of these organized crimes.

We would restore mandatory four-year prison sentences for the offence of extortion with a firearm. We would make arson an aggravating factor. Finally, we would reverse the damage done by Bill C-75 and restore jail, not bail, for repeat offenders. Conservative Bill C-381 would ensure that extortion crime means mandatory jail time. It would go after the criminals, their gang leaders and anyone who participates in threatening our community members with arson or violence.

With Bill C-381, common-sense Conservatives would send a clear message to criminals and their organized criminal bosses that, if they do the crime, they will do the time. My colleagues and I will not tolerate the exploitation of our citizens for financial gain, and we will not allow organized crime rings to terrorize our communities.

Canadians deserve safe streets and secure communities. They deserve a government that will listen to them and take their safety concerns seriously. It is our duty to deliver on this fundamental promise. Common-sense Conservatives would fix the damage and the chaos that the government's nine years in power has created. We would ensure that the extortionists who scare and intimidate our neighbours will stay longer in jail. We would go after the leaders of these organized crime rings to make sure they get shut down once and for all.

Extortion has no place in Canada. Conservatives would bring home safe streets for all Canadians. Let us bring it home.

Dane Lloyd Conservative Sturgeon River—Parkland, AB

It's an increasing number.

We do know that with the recent bail changes in 2019, in Bill C-75—which the Liberals brought in—a number of bail provisions were changed, which puts the onus on judges and police officers to release suspects.

Have you seen an impact from that change in 2019 with an increase in people being let out on bail?

Public SafetyPetitionsRoutine Proceedings

April 8th, 2024 / 3:30 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, it is an honour to present a petition on behalf of constituents.

I rise for the 34th time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The community of Swan River is struggling with extreme levels of crime because of the Liberal government's soft-on-crime laws, such as Bill C-75.

The people of Swan River are upset that jail is a revolving door for repeat offenders as Bill C-75 allows violent offenders to be in jail in the morning and back on the street the same day. Manitoba West district RCMP has reported that just 15 individuals were responsible for 1,184 calls for service. The people of Swan River are calling for jail, not bail, for violent repeat offenders.

The people of Swan River demand that the Liberal government repeal its soft-on-crime policies, which directly threaten their livelihoods and their community. I support the good people of Swan River.

Arif Virani Liberal Parkdale—High Park, ON

Thank you, Mr. Garrison, for your leadership on the first part of what you talked about and the courage that you continue to show as a parliamentarian, and also for your leadership and that of Laurel Collins on coercive control.

In terms of supporting victims, we are constantly and actively thinking about how to better support victims, including victims of intimate partner violence. Please take a cue from what we did in Bill C-75 and in Bill C-48 with respect to the reverse onus on bail for survivors of intimate partner violence. Issues about support and funding are always on the table.

Also, please understand that when you talk about a 24-hour takedown of things like revenge porn, you're dealing with an aspect of coercive control that exists right now. That's in Bill C-63.

You also mentioned, in your opening, hearing from voices. I think two of the most salient voices that I heard from were the two that were at the press conference with me: Jane, the mother of a child who has been sexually abused and repeatedly exploited online, and Carla Beauvais, a woman who has been intimidated and has retreated from participating in the public space.

I would also suggest taking your cues from the groups that were also there beside me. The National Council of Canadian Muslims and the Centre for Israel and Jewish Affairs have, in the last six months, not seen eye to eye on a lot of issues. On this bill, they do see eye to eye. They both support this, as do the special envoys on anti-Semitism and Islamophobia. Those are important voices to be hearing from, and that's what I will continue to do.

Public SafetyOral Questions

March 19th, 2024 / 3:10 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I respect the member opposite, but what I respect most of all is that he actually was not here when we were voting on Bill C-75. That piece of legislation actually enhanced the penalties on summary conviction for auto theft, something that most of his colleagues voted against. He was not here, so I will excuse him on that one.

On the issue of mandatory minimum penalties, there is a guy named Ben Perrin. He might remember that individual. He used to be the lead adviser to a guy named Stephen Harper. Ben Perrin has been on the record as saying that mandatory minimum penalties were a gross error, a miscarriage of justice, and perpetuate systemic racism. That is why we reversed them. I wish these guys would get on board.

Public SafetyOral Questions

March 19th, 2024 / 3:10 p.m.


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Conservative

Tim Uppal Conservative Edmonton Mill Woods, AB

Mr. Speaker, what the Liberals did was bring in Bill C-5 and Bill C-75, which allow these same criminals to quickly get bail and be out on the streets, sometimes on the same day. As a result, small businesses across the country are not only dealing with higher taxes, like the carbon tax that the Liberals brought forward, but are now having to pay for extra security to protect their businesses and their families from property theft, organized crime, extortion, shootings and arson.

This is the new reality for businesses and families in Canada after eight years of the Prime Minister. He is not worth the cost, the corruption or the crime. When will it end?

Iqwinder Gaheer Liberal Mississauga—Malton, ON

Thank you, Chair.

Thank you to all of the witnesses for making time for this committee.

My questions are going to be for Mr. Carrique, but I wanted to touch on the comments made by Mr. Shipley regarding the length of sentencing. We know that Liberal Bill C-75 increased the maximum penalty on summary conviction for motor vehicle theft from 18 months to two years less a day. Conservatives voted against that bill. We know there is a mandatory minimum penalty of six months that applies to motor vehicle theft for repeat offenders. We know that people who are convicted of subsequent motor thefts are not eligible for house arrests or conditional sentencing orders, because they're subject to the six-month mandatory minimum penalty.

I want to touch on Mr. Shipley's comments regarding the length of sentencing. There was a New York Times article published in December of last year that I found very interesting. The article was called “Police Departments Nationwide Are Struggling to Solve Crimes”. I'll just quote one line from that. It says:

Sentencing and judicial reform tend to make up the bulk of our policy responses to crime and policing, but this new data suggests that increasing the share of crimes that are solved—especially violent crimes—should be a major focus of policymakers nationwide.

Studies of crime and punishment have shown that a police force’s ability to solve crimes is more effective in deterring crimes than the severity of punishment.

Can I get Mr. Carrique's comments on that quote?

JusticeOral Questions

February 27th, 2024 / 3:10 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I appreciate the question.

Domestic violence and intimate partner violence is a top priority on this side of the House. We addressed this issue twice, in Bill C‑75 and in Bill C‑48 with respect to bail conditions for persons charged with or involved in this type of crime.

We will always fight domestic violence and protect women and men across Canada.

Public SafetyPetitionsRoutine Proceedings

February 26th, 2024 / 3:40 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, it is an honour to present a petition on behalf of constituents.

I rise for the 33rd time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The community of Swan River is overwhelmed with alarming levels of crime because of the Liberal government's soft-on-crime laws, such as Bill C-5 and Bill C-75.

Jail has become a revolving door for repeat offenders. With Bill C-75, violent offenders could be in jail in the morning and back on the street the same day. With Bill C-5, criminals could serve their sentences from home.

The people of Swan River are calling for jail, not bail, for violent repeat offenders. They demand that the Liberal government repeal its soft-on-crime policies, which directly threaten their livelihoods and their community. I support the good people of Swan River.

Public SafetyPetitionsRoutine Proceedings

February 16th, 2024 / 12:10 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, it is an honour to present a petition on behalf of constituents.

I rise, for the 32nd time, on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The community of Swan River is consumed with unprecedented levels of crime because of the Liberal government's soft-on-crime laws, like Bill C-5 and Bill C-75. Bill C-5 allows criminals to serve their sentences from home, and Bill C-75 allows violent offenders to be in jail in the morning and back on the streets in the evening.

The people of Swan River are calling for jail, not bail, for violent repeat offenders. The people of Swan River demand that the Liberal government repeal its soft-on-crime policies that directly threaten their livelihoods and their community.

I support the good people of Swan River.

Public SafetyPetitionsRoutine Proceedings

February 14th, 2024 / 4:40 p.m.


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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, it is always an honour to present a petition on behalf of constituents.

I rise for the 31st time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The community of Swan River is consumed with unprecedented levels of crime because of the government's soft-on-crime laws, like Bill C-5 and Bill C-75. Bill C-5 allows criminals to serve their sentences from home, and Bill C-75 allows violent offenders to be in jail in the morning and back out on the street in the afternoon. The people of Swan River are calling for jail, not bail, for violent repeat offenders.

The people of Swan River demand that the Liberal government repeal its soft-on-crime policies that directly threaten their livelihoods and their community. I support the good people of Swan River.

Gender-Based ViolenceStatements by Members

February 8th, 2024 / 2:10 p.m.


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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, Canada has seen a sharp increase of sexual assault reports since 2015, with 20,948 violations. Stats Canada has reported an increase between the years 2015 to 2022 at 71.66%. Although these stats are not broken down by gender, we know that the crime is more likely against female victims of violent crime, especially sexual assault. Women are five times more likely to experience sexual assault compared to men. According to a report, victimization reporting rates were 106 out of 1,000 for women and 59 men out of 1,000. These stats are a direct correlation to the failure of this government's catch-and-release bail policies passed in Bill C-75 and Bill C-5, which removes mandatory minimum sentences for certain major crimes.

A common-sense government can ensure that repeat offenders remain behind bars while awaiting trial and will bring back mandatory jail time for serious violent crimes that were repealed by the Liberal government. Conservatives will always stand with victims of crimes. Conservatives will bring home safe—

Public SafetyOral Questions

February 7th, 2024 / 2:45 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, the Leader of the Opposition likes to make base political accusations. He likes to talk about Bill C-5 and Bill C-75 as the reason there is auto theft in this country. The reality is that Bill C-5 is the bill that keeps mandatory minimum penalties for car theft on the books, and Bill C-75 is the bill that raises the maximum penalty on car theft.

We have continued to step up in terms of keeping Canadians safe. We will continue to invest in the CBSA and in the resources necessary to counter these challenges. We will keep working based on facts and evidence.

Public SafetyOral Questions

February 7th, 2024 / 2:35 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, organized crime is responsible for the rise in auto theft across the country. The Conservative Party's attacks on Bill C-5 and Bill C-75 are simply not the solution or the way to solve this problem.

We will continue to invest in the fight against auto theft with, for example, $121 million for the Government of Ontario.

We will continue to work with the CBSA to increase its staff. We are there to do our part.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 5:05 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo. Unlike some members of the Liberal Party, particularly the member for St. Catharines, I do not think we should be here doing cartwheels about the fact that the Liberal government has essentially been asleep at the switch and is now finally convening a meeting.

At the end of the day, this is a government that has failed, and that is why we, as Conservatives, have four very clear priorities: one, to axe the tax; two, to build the homes; three, to fix the budget; and four, to stop the crime.

We require common sense. Where is the first place to start? Let us look at where we are now. Again, the member for St. Catharines will say we have no problems and there are no real big issues here. He will say the Liberals have been responsible. That is what I took from his speech, that they have been eminently responsible. Tell that to all the people who are now suffering from car theft.

I can say this: There are people who, historically, would not have even sought release on bail, based on a bail system that we, as Conservatives, may have even criticized as being too lenient. Now those people are released in what I would called a pro forma way.

That is why I am excited to rise on what our common-sense plan is. Why? This is a Liberal government that loves to say, “We are going to.” We are going to do this. I believe somebody said today, “We are going to crack down on auto theft.” When have we heard that before? The member for St. Catharines expects us to believe it: “We are going to.”

This is just like when the Liberals said they were going to make it easier for people in the middle class and those entering the middle class. “We are going to balance the budget”, after a series of what? It was a series of deficits. They said, “We are going to run small deficits; just trust us.”

After eight years, the trust has evaporated. We can no longer trust that the Liberals are going to address problems when it comes to crime. People have talked about importing American-style justice, and certainly I would not advocate for that. There have been varying degrees of consequences. At the same time, I also would not advocate for the leniency we are seeing.

The member for St. Catharines can misrepresent my words when it comes to the fact that Bill C-75 raised summary offences from six months to two years less a day. We can do cartwheels about that. That is actually something that I believe was done based on the Jordan principle and based on system actors, when we did not want to proceed by indictment yet wanted a greater sentence than six months.

Nobody here on this side has ever said we will repeal those sentences, yet the Liberals will stand up repeatedly and say they have a minimum sentence, and bail is working. How many times have we heard that? The bail system is working. I think that all one needs to do is walk down the street and see circumstances that are largely inhumane for a lot of people, and that does not just have to do with bail. That has a lot to do with substances and, in large part, what the Liberal government has done when it comes to substance abuse.

This is a government that, at the end of the day, loves to convene, but convening does not get results. Where were they four years ago when it was clear that bail was becoming a problem? Where were they when key decisions from the Supreme Court of Canada came down? Typically, Parliament used to respond to those decisions. The Liberals said no, they were comfortable and they would just let them be.

We then had a series of decisions that Parliament did not respond to. That was a deliberate choice, a value judgment, based on the Liberals' saying, essentially, in my view, that they just do not care. It is just like they do not care and have not cared about housing, like they have not cared about inflation, and now, how they have not cared about auto theft.

It is a government, frankly, that does not have its head in the game when it comes to crime. It does not have its head in the game when it comes to just about anything. We have a Prime Minister who stayed with friends for an $84,000 vacation. His response was not to apologize to Canadians. No, he can never admit fault on his own behalf. What was his response? He said that, like many Canadians, he stayed with family or friends.

I am going to get to some of the things that were said yesterday by the justice minister. It is interesting, because there are Liberals, again, like the member for St. Catharines. I know he is a lawyer, and perhaps he went to a faculty of law in American Samoa.

I say that in jest.

On proceeding by indictment, there is a maximum term—

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 4:50 p.m.


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Conservative

Larry Brock Conservative Brantford—Brant, ON

Madam Speaker, I will be splitting my time with the member for Kamloops—Thompson—Cariboo.

Imagine someone waking up in their home, their castle, where they should feel safe at all times, pouring their morning cup of coffee and looking out the window at their driveway, only to realize that their prize possession, their family vehicle that was parked there the night before, is now gone. After eight years of the Prime Minister, this has become a situation all too common for Canadians.

We have heard other stories of victims being robbed in parking lots and in front of their homes, some held at gunpoint in broad daylight. We will remember the story of Toronto Maple Leafs' Mitch Marner being held at gunpoint while his vehicle was stolen. Others have had criminals break into their homes searching for the keys to their vehicles.

According to the Insurance Bureau of Canada, on average, more than 200 vehicles are stolen every day, meaning that a car is stolen almost every six minutes in Canada. I cannot do the quick math, but members can imagine the number of vehicles stolen since the start of this debate. During my 10 minutes of debate and five minutes of questions and comments, another three vehicles will have been stolen. This is the result of the failed approach of the Prime Minister's soft-on-crime agenda.

How did we get here? We got here due to a number of important decisions made by the Prime Minister and his government, starting with Bill C-75, which allowed repeat offenders to get bail, often within hours of their initial arrest, and reoffend multiple times, sometimes on the same day, leaving police powerless to stop car thieves. Then, after criminals are convicted, the Prime Minister's reckless Bill C-5 allows them to serve their sentences in the comfort of their own homes. We all know that those who serve conditional sentences are not monitored on a regular basis, so repeat car theft offenders, while serving their sentences at home, are out on the streets creating more havoc and stealing more cars.

I have said many times in the House that criminals in this country are laughing at the government. They love the soft-on-crime approach. We all know Canada is now a haven for car thieves, for organized crime to thrive, for money laundering and human trafficking. That is the legacy the Prime Minister is leaving for Canadians.

After eight years of his soft-on-crime policies, the Prime Minister has created an auto theft crisis in Canada. Auto theft in the GTA alone is up 300% since he took office. Additionally, statistics tell us that, since he formed government, auto theft is up 190% in Moncton, 122% in Ottawa-Gatineau, over 106% in Montreal and over 60% in Winnipeg.

It is the responsibility of the federal government to reduce auto theft as the primary prevention tools, including the Criminal Code, the RCMP, the CBSA and our port systems, are all under the federal government's jurisdiction. However, as a result of the mismanagement of these prevention tools, organized crime has taken over our ports, turning them into parking lots for stolen vehicles, which are then shipped overseas.

The port of Montreal, a major hub for stolen vehicles to be shipped out of Canada, only has five CBSA agents to inspect the over 580,000 containers that leave the port each year. According to Le Journal de Montréal, one law enforcement agent said the CBSA has no resources to check containers and they check less than 1%, making it clear that the increase in auto theft is directly related to Liberal mismanagement. It is costing Canadians far too much.

In places such as Ontario, insurance companies are set to increase premiums by 25% this year. As reported by Équité, it is estimated that $1 billion in vehicle theft claims were paid out in the year 2022 alone, and these costs are being passed down to drivers.

What is the Liberal plan? We have been hearing about this great summit, where all the stakeholders are going to gather and talk about the problem and the solutions. Maybe in another two years from now, we might see solutions.

As per our foreign affairs minister, she proudly announced to the whole world that Canada is known for convening. That is all we hear about with the government. There is meeting after meeting, summit after summit, and no action.

To stop the increase in crime rates and reduce auto theft, today Conservatives are calling on the government to immediately reverse the changes to the Liberal government's soft-on-crime Bill C-5, which allowed for car-stealing criminals to be on house arrest instead of in jail. We want to strengthen the Criminal Code provisions to ensure repeat car-stealing criminals remain in jail, following the principles of both general and specific deterrents in the Criminal Code, and provide the Canada Border Service Agency and our ports with the resources they need to prevent stolen cars from leaving the country.

I asked the vice-president of inspections of the CBSA today at committee how he could explain having only five agents. He said that the CBSA does not have the resources or the funding, and that if it had to inspect every container, our trade system would completely shut down. That is small comfort to victims of auto theft crime in this country, but it is a pleasing announcement for the thieves out there because, not only are our cars being shipped abroad, but also we are accepting containers from countries in Asia loaded with deadly drugs such as carfentanil and fentanyl, which are poisoning our Canadians.

As the member for Brantford—Brant, I can speak to these issues personally, as my community has had over 600 vehicles stolen between the years of 2022 and 2023 alone for a population of just under 100,000 people. Sadly, it does not have the necessary funds to put into fighting car theft.

We heard from the Minister of Justice and Attorney General of Canada numerous times. The justice minister can speak all he wants about how he and his Liberal colleagues are hitting organized crime where it hurts, “funding the fight against crime” and “working with police, provinces [and] ports”, but the facts are the facts. He cannot change the fact that over 80,000 vehicles were stolen in Canada in the past year alone.

The minister and his Liberal colleagues have consistently taken a dismissive stance on pressing issues. Just last summer, they brushed off concerns about rising crime rates, suggesting that Canadians were imagining the problem.

What is our solution? The Prime Minister's reckless policies have caused an explosion of car thefts and made our communities dangerous, and the only action he has taken to fix this mess is to hold a summit. We do not need another summit. We need a common-sense plan to stop the theft and the crime.

The solution is simple. It is the first plank of our Conservative plan to hit the brakes on car theft. To combat this Liberal oversight, Conservatives will go after the real criminals by restoring jail, not bail; increasing mandatory jail time; ending house arrest for car thieves; and increasing sentences for gang-associated car thieves.

This is a pressing and urgent matter that Public Safety has a mandate to review thoroughly. Canadians cannot wait for the summit to produce results. It is time for the government to move beyond conferences, meetings, announcements and press conferences, join Conservatives and show up for Canadians.

I call on all members of the House to support our motion. Help us put the brakes on auto theft once and for all, protect our communities and bring home safer streets for all Canadians. That is just common sense.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 4:40 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, it is always a pleasure to rise on behalf of members from Kamloops—Thompson—Cariboo.

I will say this much. Sometimes, people say really funny things, and my colleague just said something very funny. Perhaps it was because the speech was just not that compelling.

At the end of the day, the member has spoken all about what they have done about auto theft. I will remind him that Bill C-75 did not just raise the sentence, as though he is saying that we are targeting auto theft. It was actually two years less a day that it raised it on summary conviction. It raised every summary conviction to two years less a day. The Liberal government can say that it is targeting this time after time.

There is an epidemic here, and I want to know this: Will the member admit, fundamentally, what police and citizens across the country are telling us, that there is a problem?

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 4:30 p.m.


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St. Catharines Ontario

Liberal

Chris Bittle LiberalParliamentary Secretary to the Minister of Housing

Madam Speaker, I only hope that I can speak half as well as the other Parliamentary Secretary to the Minister of Housing, Infrastructure and Communities. That is my goal. It is aspirational. It is a very high bar, but I will do my best.

We all know auto theft is impacting more and more Canadians. In doing so, it is undermining public confidence and feelings of safety. A serious conversation is best needed to address this issue, as we owe it to our constituents to ensure we propose a meaningful impact for solutions in this area.

That is why I was disappointed yesterday to see unserious proposals coming from the Leader of the Opposition. His alleged reforms would be to do things that are already being done and would have no practical effect. We know that criminal law is not always the best solution here. We are focused on improving enforcement and working with manufacturers to increase security for vehicles. This Thursday, we are bringing together federal, provincial and municipal governments, law enforcement and industry to discuss how we can combat auto theft.

The Conservatives, and I think the Bloc just momentarily, are saying these are empty gestures, but it is an understanding of the complexity of this issue. The Conservatives think that, magically, we will change the Criminal Code, and this will disappear. They have even said they would repeal some of the provisions we have brought forward, which I believe have been to actually increase sentencing for auto theft, which again shows how unserious and slogan-based the Conservative Party is.

However, we are bringing together all people at the table. The face of auto theft varies from place to place in Canada, and what we know about auto theft is different from what it may have been 30 or even 10 years ago. According to available data, Ontario, Quebec and Alberta are the jurisdictions most impacted by auto theft, but the circumstances facing these jurisdictions differ. For instance, Alberta vehicles are being stolen for parts or resale domestically after having their vehicle identification numbers, or VINs, replaced. In Ontario and Quebec, we know that certain cars are targeted for theft so that they can be shipped to overseas markets in Africa or the Middle East. This activity is mining the pockets of transnational organized crime.

Make no mistake; transnational organized crime activity is big business. I was astounded to read about the scale. Even in data reported by the United Nations Office on Drugs and Crime from 2009, it was estimated that $870 billion, annually, was being generated by transnational organized crime. We can all imagine that number is much larger today. That number is staggering and far exceeds the GDP of most countries around the world.

We need to think about what that means. Money in the hands of organized crime, including money generated by auto theft, can be used to facilitate other criminal activity, like drug trafficking, people trafficking and migrant smuggling. Therefore, in the fall economic statement we proposed a number of measures to combat money laundering in Canada. Those measures would target organized crime in Canada and, in turn, would have an effect in combatting auto theft.

However, the Conservatives are opposing legislation, slowing it down at every turn. Even in the committee I sit on, the committee on public safety, the Conservatives are filibustering legislation to deal with cybercrime and cyber-activity to prevent us from getting to a study on auto theft. They talk a good game. Again, it is slogans. They get angry and pound the table, but when it comes to actually doing something and listening to experts, Conservatives are nowhere to be found. They are even filibustering legislation that I think they support, and the odd time we get to hear from a witness, cyber-activity is funding these same types of criminals.

Again, when it comes down to taking action on crime and protecting Canadians, it is crickets from the Conservative caucus. Maybe “crickets” is not the proper word, since there are lengthy filibusters, but I think the analogy still holds.

It is truly unfortunate to see all this legislation being slowed down. It is unfortunate to see the Conservatives voting against funding the police. We know, when they were in power, that they cut the RCMP, and they cut 1,000 officers from CBSA, and we are struggling to get back at it. It takes years. It takes time. The Leader of the Opposition the other day boasted about more cuts coming and that they can do more with less. I do not think that is what Canadians want to hear, that the Conservative Party is going to, once again, like it historically has done, cut police.

That is not what Canadians want to hear when there is a situation that needs to be addressed, but that is what the Conservatives are offering. They will change the Criminal Code in the hopes that it will do something, and cut frontline policing. They have voted against it at every turn. They are showing us what they are going to do by voting against it.

It is also interesting at the public safety committee to hear Conservative members beat the drum on American-style criminal law. That is a great thing for them to bring forward, but when I ask, time after time, if they could point me to a place that has enacted those types of laws in the United States that have made those communities safer. It is great for them to tell their constituents that they are going to bring these things in, but we can see the laboratory down south. We can look across the border and see that it has not worked. Again, it is empty rhetoric that is not going to do anything.

Our government is committed to the work of public safety. As I mentioned, this Thursday, ministers responsible from across Canada, will join federal counterparts and leaders of law enforcement to consider the impacts of auto theft here in Canada and to identify the ways to work together. The federal government is showing leadership in this space by convening this urgent meeting. As the Minister of Public Safety said, “Collaboration is the key to identifying solutions.”

The Bloc and the Conservatives can disagree and say that we should take action without listening to the experts and without understanding the complexity of crime. There is a place for the federal government. It needs to be there. However, there needs to be a place for the provinces, which oversee policing, and it is the same for municipalities; they need to work together. We are there.

We made a big announcement with the premier of the Province of Ontario, in terms of money to help curb guns and gangs and to go after organized crime. Again, the federal government is taking action. What does the Conservative Party of Canada do? It votes against that money, and that is truly shocking.

I have said before that the sole component of the Conservative Party environmental plan is recycling slogans. It really is in full gear when Conservatives talk about criminal justice, but there is nothing to back it up. It is just empty words. When it comes time to answer questions, they are nowhere to be found. They are a completely unserious party on this particular issue.

I would like to note that we already have an extremely robust criminal law framework to address auto theft. This legal framework includes specific offences that target auto theft and related activity. It includes things like tampering with vehicle identification numbers, possessing items used to break into a vehicle or using computer systems to intercept car fob signals in order to steal a vehicle. In fact, the Liberal government, in 2019, raised the maximum penalty on summary conviction for theft of motor vehicles to two years. The previous government had it at 18 months, I believe.

Would members like to know what legislation the government did this with? It was Bill C-75, the very legislation the Conservative Party leader is proposing to repeal. I am surprised he wants to lower penalties for those who steal motor vehicles. Again, it is empty slogans. His plans are unserious. The Conservative Party is unserious when it comes to public safety.

The Criminal Code prohibits possession of stolen cars for the purpose illegally exporting them. Sentencing courts have the ability to impose significant penalties in cases where organized crime is involved. Sentencing courts must impose penalties that reflect the seriousness of the offences and the responsibility of the offender. Sentencing courts cannot impose conditional sentences for auto theft when prosecuted on indictment or committed for organized crime. Again, this flies in the face of the empty promises from the Leader of the Opposition. Serious criminals cannot and should not get house arrest. This is what the law says.

Again, we hear some heckling that it is incorrect, but that is the fact. That is in the legislation that they, with their slogans, say they are going to repeal to actually make it easier for criminals to get away with it. Conservatives want to lower sentences, and they are laughing.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 4 p.m.


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Conservative

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

Madam Speaker, I am pleased to rise today to speak to our opposition motion and a very serious subject. Auto theft is a problem that is happening right now, and I do not know whether my colleagues are aware of this, but Canada has the highest rate of auto theft in the world. We are the number one exporter of stolen vehicles. Is that something we want to see? No, not at all.

It is important to understand that auto theft is a big deal. It has gone up by 34% in Canada since this Prime Minister and his government came to power. Even worse, it has gone up by 300% in Toronto. In Montreal and the Ottawa-Gatineau region, it has gone up by more than 100%. It is up by 120% in New Brunswick and 122% overall in Ontario. One of the reasons we are seeing these numbers is that inflation has driven up the price of cars. Compared to last year, cars are worth 20% more. They are very attractive items. Nowadays, we are no longer talking about cars that were worth $15,000 or $20,000 back in the day. They now cost $45,000 on average. The most desirable cars are in the $60,000 to $70,000 range. This means someone can steal a car and resell it for more than $100,000, even as much as $120,000, abroad. It is a very attractive market for organized crime and thieves.

This is causing stress. People are stressed right now. When they wake up in the morning or go to the grocery store, they wonder whether their car will be where they left it. Things cannot go on like this. Theft has a financial impact too. Last year, insurance companies paid out $1 billion to settle claims by the owners of stolen cars. What comes next? All car owners end up paying more for insurance. Insurance companies have to cover their losses, so they raise premiums. Once again, in addition to inflation and rising rates everywhere, insurance premiums go up because auto theft is out of control.

The solutions for controlling auto theft are not limitless. Some things are easy to do. The government is not being called out for nothing. Before I rose to speak, we heard from the Leader of the Opposition. For the past two days, he has been proposing concrete solutions to the problem. I would like to talk about the first two. First, there was Bill C‑5, which was enacted. We criticized it from the start. We made every possible and impossible representation to say that it does not work. Here is a concrete example: People are convicted, but instead of going to prison like they should, they get to stay at home. What do we think these people are doing? They think nothing of it; they are criminals. They unapologetically go out and commit more crimes.

The other issue with Bill C-5 was minimum sentences. The government stood up and the justice minister said that the Conservatives were wrong. No, we are not wrong. Auto theft currently carries a six-month sentence. What we are saying, and we are not going too far, is that if the same person has stolen three cars and has been charged with three thefts, they should get a minimum of three years in jail. I think this is just common sense. When we talk about common sense, this is a perfect example. People are looking at this and wondering whether it is normal for a criminal to continue stealing with impunity, with no penalty other than to be sent home to watch Netflix. We said before that there was a problem with Bill C-5, and we are seeing it now. We are calling on the government to fix it and rework what was done with Bill C-5.

Then there is Bill C-75, which was implemented by the Liberals and has led to people being arrested and released in the same day. At times, it happens that someone is arrested in the morning, their case is processed and, after a few hours, they are released and continue to commit crimes. It is a vicious cycle. We do not want to exaggerate; we know that very few people are doing that. However, here is a really incredible statistic. In Vancouver, 40 criminals were arrested 6,000 times in one year. That is 150 times each. It is the same 40 people. There is a small number of them, but they commit a lot of crimes. Basically, what we want to do is prevent these individuals from being released again and again and from committing crimes over and over. The repercussions of Bill C-75 are being felt everywhere.

The same thing applies to the auto theft market. These people know that there are not really any consequences under the laws that have been put in place by the Liberals. They will get arrested, go to the station to deal with a little charge and then they will be back on the street. It does not bother them. It is as though they are not afraid, they have no fear. They know they will be able to carry on doing whatever they feel like doing.

Let us talk about the technical aspect. Take, for example, the Port of Montreal. There are only five border agents to inspect the some 580,000 containers that leave the port each year, and they only have one scanner. I had the opportunity to visit the facilities there, and I saw that this big arch-shaped scanner does not always work and it is not really effective. Sooner or later, the port is going to need effective state-of-the-art equipment to get the job done right.

I want to come back to our Liberal friends. What have they being doing in the meantime, over the past several years? The Prime Minister wasted $15 million on management consultants for the CBSA. That was useless. He also spent $54 million on the failed ArriveCAN app, and the RCMP is even investigating that contract. What is more, the Liberals did not spend the $117 million that was approved by Parliament.

It is much like the support for Ukraine. Our colleagues like to talk to us about Ukraine. What is being done with the $406 million we voted on and was announced with great fanfare to buy anti-aircraft systems for Ukraine? Absolutely nothing has been done about it in a year. What is happening with the 83,000 decommissioned air-to-surface missiles that are warehoused in Manitoba? As Conservatives, we said they need to be given to Ukraine. Ukraine sent a letter asking for them. We said we needed to send them. This is war, it is urgent, but, no, they are asleep across the way. That is another file.

The fact is that the Liberals are good at making accusations, but today we are here to work on things that are happening here, in Canada, things for which immediate action is needed and expected.

What we are asking for is not complicated. As I said earlier, there is the legislation stemming from Bill C‑5. There is a way to fix at least that part of that law, which actually covers many types of crimes. I introduced Bill C‑325, which would fix the problems in that law. Obviously, it was not accepted by the Liberals or the NDP. I thank my friends in the Bloc Québécois who understood me and supported me on this.

What we are asking for today has to do specifically with auto theft. There is a way to amend the law to deter crime. First, we need to actually incarcerate criminals. More importantly, we need to discourage those who are considering becoming car thieves. Those are some of the things that we need to do. People will see that and think to themselves that it is better not to get involved in auto theft. I was saying earlier that the vehicles are worth tens of thousands of dollars. Auto theft benefits organized crime and those on the other side of the ocean who buy the vehicles, but the thieves themselves are not paid very well, even though they are the ones who are taking all the risks. If we were to target them, to make young people understand that it is not a good idea to enter a life of crime because they will end up in prison, then that would be more effective than what is currently being done.

The Conservatives get it. The Liberals did not do it, but when we take power, we are going to remove the right to house arrest. There will be no more Netflix sentences.

We are going to create a new aggravating circumstance when the offence of motor vehicle theft is committed for the benefit of organized crime. This is important, because we must stop encouraging organized crime, and that starts with tackling the root cause.

We will repeal the arrest and release rules in Bill C-75 to ensure that repeat offenders are jailed and not released on bail.

We will fire the useless management consultants at CBSA and take that money to properly equip federal ports. We will invest in state-of-the-art X-ray equipment to enable rapid scanning of containers at our major ports in Vancouver, Montreal, Prince Rupert and Halifax.

A total of 24 scanners will be purchased. Canada's four largest ports have a combined total of 12 terminals that handle container shipping. All of these terminals allow for goods to be transported by truck and rail, and each requires its own scanner and operator. The total cost for the 24 scanners is $55 million, with an ongoing service agreement of $300,000 per scanner, or $7.2 million per year.

Let us talk about spending. Two days ago, our leader presented very clear proposals. He demonstrated how a Conservative government might make “investments”, as the Liberals like to say. Well, it takes money to do that. We have solutions for finding wasteful spending. We will be able to recover that money and invest it in immediate needs to ensure the safety of Canadians and put an end to auto theft and the too-easy shipping of stolen cars to the rest of the world.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 3:55 p.m.


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Conservative

Pierre Poilievre Conservative Carleton, ON

Madam Speaker, yes, I am going. I was not invited, but I will go anyway and share my common-sense ideas. I hope that, after eight years, they will learn, because I was part of the government that managed to reduce auto theft by 50% while reducing the cost of bureaucracy at the Canada Border Services Agency.

The Bloc voted in favour of Bill C-5, which allows sentences to be served at home, thereby enabling more crime. They voted in favour of Bill C-75, which allows for the automatic release of repeat car thieves. The Bloc also supports wasting money going after sport shooters and hunters, which takes money away from our border forces.

The Bloc supports all public safety policies. It makes no sense. Only the Conservative Party makes sense for Quebeckers.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 3:45 p.m.


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Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Madam Speaker, I will be sharing my time with the member for Charlesbourg—Haute-Saint-Charles.

After eight years in power, this Prime Minister is not worth the cost, he is not worth the crime and he is not worth the cost of crime. After eight years with this Prime Minister in power, everything costs more, work no longer pays, housing costs have doubled, and crime, chaos, drugs and disorder are out of control.

I want to give an example from a CTV article. A 26-year-old man is facing a slew of charges filed by police officers in Bradford. Police say the suspect was arrested for stealing a vehicle at around 11 p.m. but was more or less automatically released on bail. That morning, he was arrested again at 4:30 a.m. for another theft. There will be a bail hearing. He will likely be released a second time to commit a third theft in less than 24 hours.

We are hearing these sorts of stories after eight years of this Prime Minister because Bill C-75 gives automatic parole to chronic auto thieves. Even the bail reform the government presented under pressure from the Conservatives did not address auto theft. As a result, these same criminals can continue to commit hundreds of crimes, even if they are caught. It is no big deal if they are found guilty, because, under Bill C-5, they can serve their sentence in their living room, meaning they can watch Netflix or play a game while they wait to go out and steal another vehicle. That is why, after eight years of this Prime Minister, auto theft is up 300% in Toronto, 100% in Ottawa and Montreal and 100% in New Brunswick.

The government is releasing recidivists who terrorize our streets and then it helps them send stolen goods around the world to fund terrorism and organized crime. The ports are wide open to criminals. Even though the Prime Minister has spent billions of dollars on bureaucracy, we see that the Port of Montreal has only five border officers to inspect more than 500,000 containers. Less than 1% of the containers are inspected. They have a scanner that barely works. It is easy to see why theft has massively increased. Even after all of these increases, we see that the number of containers being intercepted is the same as it was eight years ago. There is more theft, more illegal exports, but more containers are not being intercepted. That does not make sense.

We did exactly the opposite when we formed the government: We cut the number of car thefts in half. That is a massive reduction that makes me proud. The Prime Minister likes to point out the fact that we did that by cutting costs. It is true, we cut costs and reduced crime at the same time. That is a good thing, a win-win, as the member for Charlesbourg—Haute-Saint-Charles would say.

Today, I continued to present our common-sense plan. First, we will bring in three years of jail for three stolen cars. Second, we will end house arrest. Third, we will bring in harsher penalties for theft tied to organized crime. Finally, we will strengthen our ports.

We will do this by hiring 75 border officers to carry out inspections at Canada's four largest ports, namely, Vancouver, Halifax, Prince Rupert and, of course, Montreal. They will be able to use new scanners that can look into the boxes to see if they contain stolen goods. Each of those 24 scanners will be able to scan one million containers a year.

How are we going to pay for that? With a common-sense approach, dollar for dollar. We are going to cut $165 million from the budget for external management consultants. We are going to get rid of consultants and put the money into boots on the ground and box scanners.

It is really very simple. We have a common-sense plan to stop auto theft by strengthening our ports and keeping thieves behind bars. That is just common sense.

After eight years, the Prime Minister is not worth the cost. After eight years, he is not worth the crime. After eight years, he is not worth the cost of crime. Crime is costly, because after eight years of the Prime Minister, we are paying $1 billion in higher insurance premiums to pay for the stolen cars. In Ontario, that adds $120 to the insurance bill of every family that has a car.

Let me tell the story that was on CTV News on December 27:

A 26-year-old man faces a slew of charges after police arrested him twice less than six hours apart for alleged crimes in Bradford and Innisfil.

Police said he was caught stealing a car at 11:00 p.m. on Sunday. They arrested and released him, and then he was arrested at 4:30 a.m. the very next morning. That was five hours after his last crime.

This is the new normal after eight years of the Prime Minister and his catch-and-release Bill C-75, which forced police to arrest the same 40 offenders 6,000 times in Vancouver and contributed to a 300% increase in auto theft in Toronto, 100% in Ottawa and Montreal, and over 100% in New Brunswick. It is crime, chaos, drugs and disorder.

If these repeat career car thieves are actually convicted, they do not have to worry about that either, because under the Prime Minister's Bill C-5, which has the full support of the NDP, they will have house arrest, meaning they can watch Netflix or play a game of Grand Theft Auto in their living room. Then they can get up whenever they say they need a few more bucks to fill their pockets, open the front door, walk out onto the street and steal another car. That car then goes to the port and is gone.

Our common-sense plan is very straightforward. We are going to get rid of house arrest for career car thieves. We are going bring in jail and not bail for people who have long rap sheets. We are going to bring in a mandatory three years' jail for three cars stolen. We are going to increase penalties if the stolen car was related to organized crime.

Then, we are going to reinforce our ports. I am going to cut $165 million that we are now giving to management consultants, because if the managers over at CBSA cannot manage, they should not be managing; they should be fired. We will fire the management consultants, and we will put that money, $135 million of it, into hiring 75 border agents who will use 24 new scanners that are able to scan a million shipping containers every year at our four biggest ports. If a stolen car is in there and there is a phony claim on the manifest, the scanner will show it. If someone calls saying, “Look out for my stolen car,” the scanner will catch it. The box can be put aside. The car can be put back in the hands of the rightful owner.

In other words, our common-sense plan is to put boots on the ground, to scan the boxes and to put the career car thieves in jail. Our common-sense plan is to stop the crime and bring home safe streets. It is the common sense of the common people, united for our common home.

Public SafetyOral Questions

February 6th, 2024 / 2:55 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, he is entitled to his own opinions, but he is not entitled to his own facts. Bill C-5, which he just mentioned, maintained a mandatory minimum penalty for auto theft. That is what the Conservatives apparently want to repeal. Bill C-75, which he just mentioned, actually enhanced the maximum penalty for auto theft, moving it from 18 months to two years less a day. That apparently is what they want to repeal.

This problem cannot be fixed by suggesting redundant changes that already exist in the Criminal Code. We fix this problem by being the adults in the room, convening people and coming up with a complex solution to a complex problem.

Public SafetyOral Questions

February 6th, 2024 / 2:55 p.m.


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Conservative

Tim Uppal Conservative Edmonton Mill Woods, AB

Mr. Speaker, while the Liberals continue to hold meetings, criminals are going to continue to steal cars. After eight years of the NDP-Liberal soft-on-crime policies, our police forces are powerless to stop car thieves. Liberal Bill C-5 allows house arrest for these criminals and Bill C-75 allows repeat offenders to be released on bail just hours after they were arrested.

The Prime Minister has caused this crisis and he is not worth the cost. When will he reverse the soft-on-crime policies that have caused this auto theft crisis?

Public SafetyOral Questions

February 6th, 2024 / 2:50 p.m.


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Oakville Ontario

Liberal

Anita Anand LiberalPresident of the Treasury Board

Mr. Speaker, I want to stress that slogans and videos are not going to fix this very complex problem. Our approach to addressing complex problems is to develop a complex solution.

In Bill C-75, the very piece of legislation that the Leader of the Opposition is asking us to repeal, our government raised the maximum penalty on summary conviction for motor vehicle theft from 18 months to two years. Why does the Leader of the Opposition want to—

Public SafetyOral Questions

February 6th, 2024 / 2:50 p.m.


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Conservative

Arpan Khanna Conservative Oxford, ON

Mr. Speaker, let me remind the Prime Minister that he is responsible for the ports, the RCMP, the CBSA and our Criminal Code.

Canadians are paying $1 billion more in insurance premiums because of skyrocketing auto theft claims. The Prime Minister has caused this auto theft crisis with bills like Bill C-75 and Bill C-5, which allow criminals to be on the streets the same day.

Will the government reverse its policies and replace them with our common-sense plan of jail and not bail for repeat violent offenders?

Public SafetyOral Questions

February 6th, 2024 / 2:20 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, he talks about boots on the ground, but the government he was part of, that he is taking credit for now, actually cut thousands of jobs, of boots on the ground, at the Canada Border Services Agency. We have continued to step up to support Canadians.

They like to mention Bill C-5. It is a bill that kept mandatory minimum penalties for car thefts on the books. They mention Bill C-75, which is a bill that raised maximum penalties on car theft. We are going to continue to invest in fighting money laundering and organized crime, and we hope that the Conservatives change their mind and vote with us to crack down on organized crime.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 1:50 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I am pleased to rise to speak on this very important issue. Auto theft is a critical one that impacts Canadians.

As a GTA resident, and as a GTA member of Parliament, I have heard from my constituents, friends and neighbours about fear of theft and increased risk in their communities. I can assure each and every one of those individuals right across the country that I take these concerns very seriously and I am determined to address this problem alongside the Minister of Public Safety, the Minister of Transport and other colleagues.

What is not helpful is spreading disinformation and stoking fear even in this very chamber. It is disappointing, but unsurprising, that the Leader of the Opposition and his colleagues across the way have taken this very tactic.

To start, let us discuss what we have done to address the issue of auto theft.

In December, we increased funding to fight organized crime. Last week, we redoubled our efforts by announcing $121 million for the Ontario police forces to combat guns, gangs and organized crime.

Let me open a parentheses here; that is guns and gangs funding. On the night of a marathon vote initiated by the opposition, the Leader of the Opposition, in his infinite wisdom, returned to cast a direct vote against guns and gangs funding. Let the record be clear about which side of the House actually supports guns and gangs funding to keep our communities safe.

I was delighted to attend the announcement a week ago in York region in the GTA alongside the Minister of Public Safety, Premier Doug Ford, and other key players who will help prevent auto theft by organized crime.

We are also holding a meeting in Ottawa this Thursday that will bring together the provinces and representatives of cities, ports, insurers, automakers and other key stakeholders to discuss and develop a coordinated approach to combatting auto theft.

While Conservatives are busy tweeting out videos, as a result of a news release by our government that they decided to read, and repeating childish slogans, we have a plan to keep communities safe.

I want to point out the very bill the Leader of the Opposition has weaponized on this issue, a bill I was pleased to work on as the parliamentary secretary at the time to the then minister of justice, Bill C-75. It raised the maximum penalty on summary conviction for motor vehicle theft from 18 months to two years. For everyone who is watching right now, let that sink in. Either the Leader of the Opposition does not understand the Criminal Code or he is purposely misleading Canadians. Either way, his objective is to repeal Bill C-75 and therefore lower the maximum penalty for motor vehicle theft. If it sounds a bit illogical, it is.

Additionally, a pillar of his so-called plan is to add an aggravating factor on sentencing to this issue. As I said yesterday in the House, and as I will repeat today, the Criminal Code already includes this provision. Section 718.2(a)(iv) specifies as an aggravating factor, allowing for a more increased sentence, involvement with organized crime.

I will be sharing my time with the member for Vaughan—Woodbridge, Mr. Speaker.

This is a critical measure. We know that the majority of auto thefts are not one-off crimes committed by first-time offenders. Auto theft is most often coordinated through an operation of organized crime networks. What are we doing with respect to those organized crime networks? We are cracking down, as the police agencies have asked us to do, on organized crime and the financing of it.

How are we doing that? We have the fall economic statement being debated in this very House, Bill C-59. That bill contains provisions to crack down on money laundering to stop the organized criminals who are making our communities unsafe.

What has the Leader of the Opposition done in his infinite wisdom? He has directed every one of his Conservative colleagues to vote against this measure, to vote against measures that would keep our communities safe and to basically empower organized criminals. Is this illogical? Yes, very illogical.

In a video posted just this morning, the Leader of the Opposition threw the CBSA under the bus for failing to solve the issue of auto theft. What he conveniently failed to mention, in a very polished video that was very professionally done, is that under his watch, when he was part of the Conservative government at the cabinet table, the Conservatives cut 1,000 jobs from the CBSA.

If one of the problems with this, which we will be discussing at the auto summit, is border security, I am not sure how we keep the borders safe when we are cutting employees working at the border. Is it illogical? Indeed, very illogical.

In addition, the Conservatives routinely vote against bolstering CBSA funding. They talk out of both sides of their mouths on this issue. Canadians watching right now deserve a heck of a lot better.

I am always open to good-faith suggestions for improving the Criminal Code. I take my mandate to keep our streets and communities safe very seriously. I look forward to working with the leaders on Thursday.

What I do not see from members of the official opposition is any sort of leadership on this issue. Instead, I see trifling slogans and redundant suggestions about how to amend the Criminal Code with provisions that are already there. Canadians deserve a lot better from that opposition.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 1:50 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I was really surprised to see the Liberals issue a press announcement that talked about the huge increase in car theft since they were elected in 2015. It is interesting that they did nothing about the problem, other than make it worse with Bill C-75 and Bill C-5, until we started raising the issue. Now the Liberals' answer is a meeting.

Would the member agree that this is simply not enough?

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 1:35 p.m.


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Conservative

Dan Muys Conservative Flamborough—Glanbrook, ON

Mr. Speaker, I will start with a couple of headlines that dominated the radio and the online and social media news in my home community this past weekend. They really underscore the debate we are having today. The first is “Gun-wielding men forcefully entered Dundas home, stole two luxury cars: Hamilton police”. The second is “High-end vehicles stolen in ‘targeted’ home invasion in Hamilton, Ont.”. Those are just a couple. Twenty years ago, I lived on the street where this particular crime took place on Friday night. It is a few houses down from where I used to live. It was shocking to hear that this was taking place. My grandparents lived on that same street when I grew up.

I talked to one of the neighbours yesterday, and people on Hopkins Court now live in fear. There were other vehicles at the targeted residence that the thieves did not get on Friday night, and the residents are now fearful the thieves will be back because they were a target. This is, as my colleagues have mentioned, a sophisticated gang operation that is taking place; it is an organized crime operation. That is the crux of the problem. They will be back because federal enforcement and federal prevention actions are woefully inadequate.

Less than 24 hours later, I received a text from my neighbour on an unrelated incident, but one of similar concern. There was a vehicle prowling around his workshop building and garage. It had to go around a steel barrier, through the grass and across a hill in order to get there. Alarmed by what he was seeing take place in the early hours of Sunday morning, my neighbour followed the vehicle and was able to get part of the licence plate number and report it to Hamilton Police Service.

These are just two recent incidents that are not isolated at all but are part of an epidemic.

I have talked to a number of constituents who have been victims of vehicle theft. One couple was able to trace their vehicle that was stolen from their driveway in Waterdown to Montreal. This was the second vehicle stolen from the couple's driveway. Waterdown is a bedroom community in the greater Toronto and Hamilton area. The couple actually walked by the person they believe was the criminal responsible on the street of Montreal near the port. Eerily, the individual gave them a knowing glance. These are incidents we are hearing about. The couple also heard that as part of this organized crime network, groups are paid thousands of dollars per night just to scope out vehicles in driveways and locations that will be targeted in the coming nights. Just to spot vehicles, they are getting thousands of dollars. We are talking about millions of dollars in criminal activity.

Truck and auto thefts are in not just my community; they are across the GTA. There have been a number of local headlines about this across Niagara, Waterloo Region, southern Ontario and, in fact, across the country. We know that local law enforcement is hamstrung because it needs the federal government to act. The Criminal Code, the RCMP, CBSA and certainly federal ports are all matters of federation jurisdiction. In order to puts the brakes on auto theft by organized crime, we need the federal government to act.

At the transport committee, which I am privileged to sit on, there was a Conservative motion put forward today to look specifically at what is going on at the port of Montreal. Unfortunately, it was voted down by the Liberals and the NDP, the cover-up coalition working together. They do not have any interest in getting to the bottom of this.

It is costing all of us, even those people fortunate enough not to have had a vehicle stolen, because we know there has been $1.2 billion in insurance payouts for stolen vehicles; this is causing an increase in insurance premiums, up 25% in some cases in Ontario. These are brazen acts of theft and violence, and they are affecting people in our communities. In 2022 alone there were a staggering 9,600 motor vehicles stolen from the GTA. This leaves families traumatized and financially burdened. The impact goes far beyond the immediate victims; it undermines the fabric of our society. It is eroding the trust and confidence in our institutions and is contributing to a pervasive sense of insecurity.

The repercussions are felt not only in the emotional toll exacted on individuals and families but also in the economic consequences borne by our communities as a whole. One of the most concerning aspects of this crisis is the failure of federal ports to stem the tide of stolen vehicles leaving our shores. These cars and trucks, pilfered from the streets of the GTHA, are effortlessly smuggled into containers, loaded onto trains and illegally shipped out of the country, primarily via the port of Montreal. Ironically, that port is in the backyard of the Minister of Transport.

In December I asked the CBSA, via an Order Paper question, how many vehicles it had intercepted at the port of Montreal. Despite the exponential rise in auto thefts that we have seen, over 300% in the GTA since the Liberal government took office in 2015, the number of vehicles intercepted at the port of Montreal remains stagnant, year over year, at somewhere between 1,000 and 1,100. We know that 105,000 vehicles were stolen in Canada in a year. We are talking about fewer than 1% being retrieved.

We know that the technology exists, through X-ray scanners, to scan more of the containers and actually track the vehicles down. However, there is just one scanner right now at the port of Montreal, and it does not work half of the time. That is insufficient.

As my colleague mentioned, there are African countries begging the Government of Canada to take action on this issue. The action is not being taken, and that is cause for concern. Like so many things in Canada, this is something that should not be happening. It should not be this way.

Even when Canadians resort to practical measures like putting Apple AirTags in their vehicles, recovery is far from guaranteed. Railway agents often refuse to inspect cargo already en route to the ports, and there are inadequate resources at the ports for inspection; therefore there is a highway facilitating this.

The root cause is the soft-on-crime approach by the Liberal-NDP government, with bills like Bill C-75 and Bill C-5 that have emboldened criminals to be repeat offenders. They are often released on bail within hours of arrest and go on to commit further crimes. Even after being convicted, these individuals are often granted house arrest, which is really insufficient.

We say, “Enough is enough.” Common-sense Conservatives are committed to really hitting the brakes on car theft and restoring the sense of security to our communities. The Leader of the Opposition has put forward a common-sense plan that includes a number of measures, such as mandatory prison sentences, ending house arrest for convicted car thieves, tougher sentencing for those crimes that are gang-related and have an organized crime element, and, of course, jail, not bail for repeat offenders and repeat violent offenders, as we saw in the examples I brought up from my community this past weekend.

In addition to that, we need to address what is happening at the ports. We need more CBSA officers. Right now there are only five at the port of Montreal. We need to cut the waste on consultants at CBSA and invest in enforcement at the ports. We also need to have more scanners that could actually address the issue.

There is some urgency now. Violent crime is up across the country. What the Liberal government has proposed is a summit: more convening and fewer results.

Common-sense Conservatives have a plan to axe the tax, build the homes, fix the budget and stop the crime. Indeed, we are going to stop crime. We are going to slam the brakes on auto theft. We will restore law and order. We will bring home safer streets to Canadians from coast to coast.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 12:40 p.m.


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Etobicoke—Lakeshore Ontario

Liberal

James Maloney LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I will be sharing my time with the member for Winnipeg North.

I am pleased to rise to speak to this motion and to illustrate our action in taking up the fight against organized crime and auto theft. It goes without saying that Canadians must be able to live free from fear of crime in their neighbourhoods. Not only can auto theft cause financial devastation, but it also makes people feel unsafe in their own homes.

I know that auto theft is a top of mind issue for many. In fact, I expect most of us here know someone who has had their car stolen recently. In fact, one of my colleagues had his car stolen recently.

As a resident of the GTA, I understand the toll these crimes can take on individuals and communities. It disrupts our lives and it undermines our feelings of safety. It also costs Canadians significantly. According to the Insurance Bureau of Canada, auto theft claims totalled $1.2 billion in 2022. This is unacceptable. It puts on us an onus to work together to find ways to denounce this conduct.

This is why our government is throwing its weight behind the solving of this issue. We have been working on measures to tackle auto theft for months now. Most recently, we announced $121 million in funding for Ontario to combat gun crime, gangs and organized crime, including auto theft.

Auto theft is a timely topic for discussion this week, as the Minister of Public Safety and the Minister of Justice have invited key players from across the country to come together and identify solutions to auto theft.

Political leaders, police, border agents, auto and industry executives will be among the attendees. I am confident that these productive conversations will lead to concrete suggestions for how we can better stop auto theft from occurring in Canada.

It is ironic that members opposite are highlighting the problems of auto theft when they refuse to support our solutions. The Conservatives have promised to vote against the fall economic statement and are delaying its passage. This critical legislation contains anti-money laundering provisions that will crack down on organized crime networks and contribute to fighting auto theft.

The vast majority of auto thefts are not spontaneous crimes committed by one or two individuals. Highly organized networks of criminals are involved at various stages, from targeting a vehicle to the theft itself to its trafficking through major ports destined for resale markets in Africa or the Middle East.

Criminals may use the proceeds of crime from stolen vehicles to facilitate other forms of serious crime like trafficking drugs, people and firearms. This is why I am sad to see my colleagues across the way opposed to the important changes with which we are trying to fight organized crime.

The Leader of the Opposition announced his so-called plan to combat auto theft the day before yesterday. We know it would not actually accomplish anything. He proposed measures that are either ineffective or already exist.

We have real solutions.

The Criminal Code has a comprehensive framework that addresses motor vehicle theft along the spectrum of the crime. This includes preparatory offences, offences for the actual theft, trafficking and possession of stolen property offences, and proceeds of crime offences.

The Criminal Code also includes specific offences to address organized crime activities. It includes many offences that address the situation when violence is involved during a theft, such as the use of a firearm.

Many of us are aware of devices that thieves use to acquire a key fob signal and relay that signal to unlock or start a vehicle. These devices are illegal under the Criminal Code. It is also illegal to knowingly possess any instrument that can be used to break into a motor vehicle for that purpose. Both of these offences carry a maximum penalty of 10 years if proceeded by way of indictment.

The Criminal Code also has general provisions that address auto theft. For example, theft of property over $5,000 is punishable on indictment by a maximum penalty of 10 years imprisonment or two years less a day imprisonment on summary conviction. Theft under $5,000 is punishable on indictment by a maximum penalty of two years imprisonment or two years less a day on summary conviction.

The Criminal Code also has a specific motor vehicle theft offence, which is punishable by a maximum penalty of 10 years imprisonment on indictment and two years less a day on summary conviction. In the case of a third, or subsequent conviction, a mandatory minimum penalty of imprisonment of six months applies.

In fact, our government took action to crack down on auto theft in Bill C-75, by raising the maximum penalty for motor vehicle theft from 18 months to two years less a day. This is another example of our sustained focus on eradicating auto theft from our communities. This is the very legislation that the Leader of the Opposition wants to repeal. He would lower maximum sentences for auto theft. As always, the leader of the Conservatives would rather spread disinformation and spark fear across the country than focus on facts.

The Criminal Code also contains a comprehensive legal framework that targets criminal organizations, offences relating to criminal organizations, including participating in criminal organization activities; recruitment to a criminal organization; the commission of an indictable offence for the benefit of, at the direction of, or in association with a criminal organization; and instructing the commission of an offence for the benefit of, at the direction of, or in association with a criminal organization.

The organized crime provisions have specific sentencing outcomes. First, sentences imposed for any of the organized crime offences must be served consecutively with sentences imposed for other offences arising from the same transaction. Second, courts are required to consider, as an aggravating factor at sentencing, that an offence is committed for the benefit of, at the direction of, or in association with a criminal organization. This is one of the measures the Leader of the Opposition has committed to enacting to solve the problem of auto theft. It is already in place; he is catching up. Again, he is not proposing real solutions.

There are also Criminal Code measures that aim to prevent offenders from benefiting from the proceeds of their crimes. This includes pretrial seizure or restraint of proceeds of crime and the possibility of forfeiture of proceeds of crime following conviction or a fine in lieu of forfeiture in certain circumstances when the proceeds are no longer available.

These are just a few of the offences that currently can be leveraged by law enforcement and prosecutors to address auto theft.

The Criminal Code is a helpful tool to penalize auto thieves, but we are also working on comprehensive solutions to prevent auto theft from occurring. On Thursday, key players will gather in Ottawa to discuss more solutions. The meeting will feature law enforcement, industry leaders and all levels of government coming together to identify short, medium and long-term actions to combat auto theft to continue to strengthen our initiatives that are already under way.

There are many ways we can address the problem of auto theft, and everyone has to be part of the solution. The Leader of the Opposition wants to boil things down to empty slogans that do not solve anything. We will be looking at regulatory change, what industry can do to help, how provinces and municipalities can help and how to improve enforcement. I look forward to working with everyone who is serious to solve this problem.

I am grateful for the efforts that are already under way to combat auto theft and I look forward to a productive day of discussion on Thursday for the next steps.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 12:35 p.m.


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Conservative

Arpan Khanna Conservative Oxford, ON

Mr. Speaker, that is very rich coming from the Bloc when its members supported these catch-and-release, soft-on-crime bills, like Bill C-75 and Bill C-5.

Quebec alone has seen a 50% increase of auto thefts in the last few years. Instead of standing up, joining the common-sense Conservatives and supporting our motion to help those in Quebec, he is not. It is time that the Québécois stand with our party, stand with Canadians, and start putting the rights of victims first, not the criminals.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 12:25 p.m.


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Conservative

Arpan Khanna Conservative Oxford, ON

Mr. Speaker, that was a passionate speech by the member for Thornhill about this issue, the common-sense motion we have brought forward. Axe the tax, build the homes, fix the budget and stop the crime: These are the common-sense priorities needed to get our country back on track. That is why it is an honour today to rise in the House on behalf of the good people of Oxford to speak to our fourth priority, stopping the crime.

After eight years of the Prime Minister, everything costs more. Work does not pay, and housing costs have doubled. Rent has doubled. Mortgages have doubled. The amount needed for a down payment has doubled. For the first time, the government has priced an entire generation out of owning a home.

Even if people are able to get a home, there is now crime in our neighbourhoods. Our families do not feel safe any more. Eight years of the Prime Minister’s soft-on-crime and dangerous catch-and-release bail policies have unleashed a wave of violent crime across our country, which has led to a massive increase in car thefts.

Looking at violent crime at large, homicides are up 43%, up for the fourth year in a row. Gang-related homicides are up 108%. Violent gun crimes are up 101%, up for the eighth time in a row. Aggravated assaults are up 24%. Assault with a weapon is up 61%. Total sexual assaults are up 71%. Sex crimes against our children are up 126%. Kidnapping is up 36%, and car thefts are up 34% across our country.

Every morning, Canadians are waking up and looking out of their windows, not to check the weather but to make sure their cars are still in their driveways. This may sound like we are being a bit dramatic about this issue, but the numbers do not lie. One in four Canadians either have had their car stolen or know someone who has. We as members all know somebody just down the aisle from here. The former justice minister had two of his government cars stolen. If that does not speak to how much of an epidemic this is, I do not know what will.

For the sake of clarity, let us review the data. According to the Liberal government’s own admission and press release, which came out a few days ago, since 2015 car theft is up 34% nationwide. It is up by 300% in Toronto, 100% in Montreal, 100% in Ottawa-Gatineau, 120% in New Brunswick, 122% in Ontario and 59% in Quebec. However, this is no longer just an urban issue. After eight years of the Prime Minister’s soft-on-crime policies, even rural communities like Oxford are not immune to the rising crimes we are seeing. Crime and car thefts are trickling into our small, peaceful communities. While I was preparing for this speech I was in the habit of reading our local morning newspapers, and I could see that there are even pickup trucks being stolen in Beachville, Tillsonburg and Woodstock.

It was not like this eight years ago. Back in the day, a person could leave their car unlocked and leave their doors unlocked, and that was enough for them to stay safe, but the hard-working people of rural Ontario are now directly impacted by the Prime Minister's reckless policies.

I recently spoke with someone who had two cars stolen from their driveway within a single hour. Local police detachments cannot respond once a stolen vehicle reaches a federal port, so Canadians are now forced to take these thefts into their own hands. Many are using air tags to track their stolen cars, which are now being shipped to the ports and, from there, out of the country. Recently I heard from a man who tracked his car from Ontario to Montreal and all the way to Dubai, and he was completely powerless to stop it.

It is at these ports that the Prime Minister's absolute mismanagement of the RCMP and CBSA is highlighted. The port of Montreal, a major hub for stolen vehicles being shipped out of Canada, has only five CBSA officers to inspect the containers. They have 580,000 containers to inspect every year, according to media reports. One agent said that the CBSA has no resources to check the containers, so they check less than 1% of containers. They apparently have only one X-ray scanner, which constantly breaks down.

How on earth can we expect them to inspect 580,000 containers that will be leaving our country, with one scanner? Federal ports in Prince Rupert, Halifax and Vancouver all report the same thing. Is the Prime Minister working with CBSA to fix the problem? No; he has done the exact opposite. Despite rates of car theft skyrocketing, CBSA is seizing about the same number of cars today at the federal Port of Montreal as it was doing years ago, and it is frequently ignoring suspicious containers even when they are reported or even if there is somebody standing in front of the container, looking at their phone and saying that the tag is showing their car to be in that container.

Just last year, the Prime Minister spent $15 million on useless management consultants at the CBSA. Let us not forget the $54 million the Liberals spent on the arrive scam app, which not only did not work but also is now being investigated by the RCMP for corruption. Common-sense Conservatives would use these dollars to put boots on the ground and support our CBSA officers. We would not pump more money into bureaucracy.

The CBSA has failed to spend $117 million that had already been approved by Parliament. This is yet another example of Liberal mismanagement and the inability to deliver desperately needed results for Canadians. The failure of the current government and the CBSA allows stolen cars to be shipped abroad to Africa, the Middle East and parts of Europe. They are resold and used to fund organized crime and terror networks to profit evil globally. This is simply unacceptable. With federal ports, the federal CBSA, the federal Criminal Code and the federal Prime Minister, this is a federal responsibility, and we need to respond immediately. Car theft has become a get-rich-quick scheme for violent criminals and gangs, and hard-working Canadians are paying the price.

This rise in car theft has made Canadians less safe at a time when many are already struggling as a result of the Prime Minister's reckless debt and costly carbon tax. Car theft is an additional burden on Canadians. In 2022, car insurance payouts totalled more than $1 billion. In Ontario, car theft claims were up 329% in the first half of 2023 alone, adding up to more than $700 million in losses. The Insurance Bureau of Canada has estimated that auto theft will cost every single driver an extra $130 a year.

The failure of the government is to respond to the violent crime crisis, costing more and more at a time when Canadians are hurting and life is unaffordable. Only a Conservative government would stand up for Canadians and bring home safe streets. We have a common-sense solution for the real problem.

A Conservative government would go after real criminals by restoring jail and not bail, increasing mandatory jail time and ending house arrest for car thieves, while also increasing sentences for gang-associated crimes. We would increase the mandatory prison time from six months to three years for a third offence of a motor vehicle theft. We would remove eligibility for house arrest for anyone convicted of a motor vehicle theft by way of indictment. We would create a new specific aggravating factor where the offence of a motor vehicle theft is committed for the benefit of organized crime. We would repeal the catch-and-release rules in the Prime Minister's Bill C-75 to ensure that repeat offenders would get jail and not bail. We would fire useless management consultants at CBSA and use that money to fix our federal ports. We would invest in state-of-the-art X-ray equipment to allow for rapid scanning of containers at our four major ports in Vancouver, Montreal, Prince Rupert and Halifax. We would purchase a total of 24 new scanners, and we would hire more CBSA officers.

After eight years of this Prime Minister, crime, chaos, drugs and disorder run rampant in our communities. People's homes are where they are supposed to feel the safest, and all Canadians deserve to feel safe in their homes. We need to do more to ensure our communities are safe places for our children to grow and for people to raise their families.

It is very simple: The Prime Minister's reckless policies have allowed car thefts to explode in our communities, and his only action to fix this is to hold summits. Canadians do not need more summits; they need a common-sense plan to stop theft and end the crime. Stop the photo ops, stop the talk and let us have more action. Let us put a stop to auto theft, protect our property and bring home safer streets for all Canadians. That is just common sense.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 12:10 p.m.


See context

Conservative

Melissa Lantsman Conservative Thornhill, ON

Mr. Speaker, I will be splitting my time with my colleague and good friend, the member for Oxford.

Since 2015, the Liberals have pursued a systematic agenda of dismantling Canada’s judicial system and undermining the rule of law in this country. They have not only done so with their repeated ethics violations and blatant disrespect for the charter but have also done so through more legitimate means, like through acts of Parliament. Thanks to Liberal bills that passed under a former justice minister, committing crimes has become easier and more common than before.

It seems that under the current minister, the streak will continue, given the responses we have heard in the House already, along with some colourful language of course. At every step of the way, Liberals have placed the rights of offenders over the rights of victims, and their woke, out-of-touch ideology over common sense and safety.

With respect to deterring crimes, the Liberals' Bill C-5 eliminates mandatory minimum sentences for dangerous crimes such as robbery with a firearm, sexual assault and drug trafficking. There are others. Not only that, but it also allows hardened criminals to serve their reduced sentence in the comfort of their own home, to serve time while watching TV in their living room, sleeping in their own bed and enjoying the privileges that all those who have not committed crimes enjoy.

With respect to arresting criminals, the catch-and-release practices now mean that it is nearly impossible to keep dangerous offenders in jail for more than a few hours. They are then released back into the world, free to commit crimes, sometimes even the same crimes and on the same day, over and over again. The revolving door spins, cycling through a rotation of hardened, merciless lawbreakers who face no accountability. They are free to break the law over and over again, putting the public at risk and propagating unnecessary harm on communities, innocent victims, families and neighbourhoods.

Finally, with respect to prosecuting criminals, after eight years of the Liberal-NDP incompetence, the government has decayed our justice system and made it just a shell of its former self. It takes months to get a court date. Resources have been stretched to the limit, which makes it harder to catch criminals, and it is harder to keep them accountable. Therefore it is no surprise that our streets are more dangerous and that Canadians are worried that their once-safe neighbourhoods are subject to crime, chaos, drugs and disorder. Every single day we see new, outrageous headlines about individuals who are putting communities in danger and about a system that is failing Canadians.

Just last week, a 43-year-old man stabbed a total stranger with a syringe in broad daylight in downtown Toronto. The man was out on bail for previous assaults and has had more than 40 convictions in his lifetime, including failure to comply with the court and failure to attend court dates. The incident was in the middle of the day in Toronto. However, thanks to the Liberal policies, we know he will get bail one more time and that the cycle will continue again and again.

Stories like these add up; that is what makes Canadians feel unsafe. It is not just a feeling; it is based on empirical data and evidence. The stories not only add up to broken communities, broken victims and broken families; they also a story about the state of our country. Since 2015, gang crimes have doubled and violent crime is up 37%. Canada’s murder rate is the highest it has been in 30 years, since the last time there was a Liberal government in power, and nowhere is the story more out of control and more apparent than when it comes to auto theft.

Too many people wake up, look out the window and see that their car that was sitting in their driveway the night before is no longer there. It is gone. It was taken while they were sleeping in safe communities like mine, where, at one time, nobody locked their front door. Since 2015, car thefts have tripled in Canada. More than 100,000 vehicles are being stolen every year, including nearly 10,000 in Toronto alone. That means that every six minutes in Canada, a car is stolen. Gangs and criminals profit from the criminal activity and use it to finance even more criminal activities, like more car theft, arms trafficking, human trafficking and drug trafficking.

Do not listen to me; the Prime Minister actually admitted it in his own press release. It costs every Canadian who drives almost everywhere more to pay for this. It cost the insurance industry a billion dollars in 2022. Everyone in the province is now paying more to drive. In Ontario, car theft claims, just in the first half of last year, were up 329%. That accounts for $700 million in losses. It means $130 more for every Ontario driver on insurance.

Why is this happening? Let us lead ourselves back to the dangerous catch-and-release policies that unleashed crime and chaos in communities. Bill C-75 allows repeat violent offenders to be released on bail within hours of arrest. They then often re-offend. Last year, even Mayor Steven Del Duca, who is the mayor of Vaughan and probably a familiar name to many on the other side, wrote to the Prime Minister, calling on the federal government to urgently modernize Canada’s bail system to ensure that dangerous offenders are kept off our streets for committing crimes ranging from gun violence to home break-ins and auto thefts.

The mayor wrote to Canada’s then public safety minister, asking about auto theft specifically and asking that CBSA protocols be tightened for screening and inspection of exports leaving our country. It fell on deaf ears. There was nothing until last week from the government's member of Parliament who represents a riding in Vaughan. The letter was written in January, after the problem got so out of control that the council had to step in to demand action for something it had been asking for.

For what happens after offenders have been convicted, the government did not let it stop at Bill C-75. Bill C-5 gives convicts house arrest, even those with long, storied histories of stealing multiple cars. This means that they can just walk out their front door, be on the streets again and start stealing cars and terrorizing neighbourhoods when they are done doing whatever they do in the comforts of their own homes.

One last thing is that the federal government controls our ports, the places where organized crime is taking place: en route to federal ports and at federal ports. Stolen cars are waiting at federal ports to be shipped overseas.

It is time for a new approach. It is time to start increasing mandatory jail time to deter the actual crime and not to have people keep doing it over and over again. We propose three years for three thefts, and of course ending house arrest for car thieves while also increasing sentences for gang-associated car thieves.

Police, insurance associations, community groups and business organizations have been sounding the alarm bell about this for years. Our own constituents send us videos of it happening right in their front driveway, but their concerns have fallen on the deaf ears of the Liberal government, which in the meantime still continues to stand with lawbreakers instead of with law enforcement.

Now the calls have reached a breaking point, and the Liberals are finally going to do something about it. What is that something? Are they going to increase the punishments? No, they will not. Are they going to end catch-and-release policies that turn repeat violent offenders back onto our streets? Are they going to crack down on the incompetence at Canadian ports that allows thousands of cars? Nope, they will not.

They are going to have a summit. They are going to sit around a table. They are going to have a meeting. They are going to come out with a press release. They are going to take some photos. They are going to talk about it, after eight years, this problem that has gotten out of control.

They had a summit on food prices; food prices went up. They had a summit on housing; housing prices have doubled. I can hardly wait to see the results from this summer. In fact, I think Canadians would beg them not to have a summit. Instead, they should start cracking down on the violent offenders, keep them behind bars when they re-commit, stop the house arrests and actually get serious about fighting crime in every single neighbourhood across the country.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 10:40 a.m.


See context

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, the Bloc Québécois just has a tendency to support the Liberal Prime Minister.

The Bloc Québécois voted for the Liberal law arising from Bill C-75, which allows car thieves to be released on bail the same day they are arrested. The thieves are arrested, but the next day, they are free to start stealing again.

The Bloc Québécois also voted for Bill C-5, which allows car thieves to serve their sentence at home, watching Netflix in the comfort of their living room.

The Bloc Québécois does not want a solution that will stop criminals and stop auto theft. They proved it when they voted with the government for Bill C‑75 and Bill C‑5.

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 10:10 a.m.


See context

Conservative

Tim Uppal Conservative Edmonton Mill Woods, AB

moved:

That, given that,

(i) after eight years of soft on crime policies, this Prime Minister has created the auto theft crisis,

(ii) according to the Liberal government’s own news release, auto theft in Toronto is up 300% since 2015, and Statistics Canada data shows auto-theft is up 190% in Moncton, 122% in Ottawa-Gatineau, 106% in Montréal, 62% in Winnipeg, since 2015,

(iii) the Port of Montreal, a major hub for stolen vehicles to be shipped out of Canada, only has five Canada Border Service Agency (CBSA) agents to inspect the 580,000 containers that leave the port each year, according to the Le Journal de Montréal, with one law enforcement agent saying, “CBSA has no resources to check the containers, they check less than one per cent of containers”,

(iv) it is the responsibility of the federal government to reduce auto theft as the primary prevention tools, including the Criminal Code, the RCMP, the CBSA and our port systems, which are the federal government’s jurisdiction,

(v) the increase in auto theft is costing Canadian drivers as insurance premiums are increasing, and in Ontario, insurance companies are able to increase premiums by 25% this year,

(vi) a report by Équité estimates $1 billion in vehicle theft claims were paid out in 2022, and these costs are being passed down to drivers,

in order to stop the crime and reduce auto theft to lower insurance premiums, the House call on the government to:

(a) immediately reverse changes the Liberal government made in their soft on crime Bill C-5 that allows for car stealing criminals to be on house arrest instead of jail;

(b) strengthen Criminal Code provisions to ensure repeat car stealing criminals remain in jail; and

(c) provide the CBSA and our ports with the resources they need to prevent stolen cars from leaving the country.

Madam Speaker, I will be splitting my time with the member for Mégantic—L'Érable.

After eight years of the Prime Minister, Canada is becoming less and less safe. Violent crime, car theft and gun crime have unleashed chaos and disorder in our communities. Crime, chaos, drugs and disorder are common in our streets now, and the Liberal government is responsible for making this situation even worse.

Since the Liberal government was elected in 2015, there has been a 34% surge in car thefts across Canada. The Insurance Bureau of Canada says that auto theft has become a national crisis, with more than 200 vehicles stolen, on average, every day.

The explosion of car thefts is making life even more unaffordable for Canadians. In 2022, car thefts cost the insurance industry over $1 billion, resulting in higher insurance costs for every Canadian on their insurance premiums. In Toronto alone, auto theft crime is up by 300% and in other Canadian cities, it is over 100%.

While the NDP-Liberals say that they care about the safety of Canadians, they have had no real solutions to the rising auto theft crime across the country. In fact, their only real solution we have heard so far is to host another fancy meeting in Ottawa. They are calling it the auto summit. That means more meetings and no solutions.

The Prime Minister let this auto theft crisis happen under his watch. His reckless policies have allowed car thefts to explode in our communities and right across the country. His only action to fix this is to hold another summit. Last week, in his own press release, the Prime Minister admitted it was not like this before the Liberal government took office in 2015. We can all agree on that one.

Canadians do not feel safe in their communities and on the streets, but the Liberal justice minister and Attorney General told Canadians that this is just in Canadians' heads and that the increasing crime is empirically likely. Here are the facts. Violent crime is up 39%. Gang-related homicides are up over 100%. Violent gun crime has steadily increased every year and now, it is over 100% since 2015. Murders are up 43%, the highest in 30 years. The crime wave that the Liberal government has caused is not imaginary. It is real, and Canadians are experiencing it in every way.

We continue to see news stories of violent crimes committed by repeat offenders who are out on bail. According to a report published last week by the Macdonald-Laurier Institute, violent crime is only getting worse and “Canada's violent crime severity index”, which tracks changes in the severity of violent crime, is “at its highest [level] since 2007.” During the last Conservative government, the violent crime severity index, decreased by 24.66%. Under the Liberal government, it has increased by basically 30%. A recent Statistics Canada report shows that the rate of firearm-related violent crime in 2022 was at the highest level ever recorded, a nearly 10% increase from 2021 alone. According to Edmonton police, the number of shootings in 2023 went up by 34%.

After eight years of the Prime Minister, Canadian businesses across the country are now being extorted by international gangsters. In January, the Toronto Sun reported that the mayors of Brampton, Ontario and Surrey, British Columbia sent a letter to the Minister of Public Safety saying that they are “deeply concerned for their communities due to [these] threats” and that “recent reports from their provinces have confirmed links between...extortion attempts and violent acts, including shootings” and arson.

The Edmonton Police Service now reports it is “investigating 27 events related to an ongoing extortion series that has affected [a number of members of] the...community in the Edmonton region since October, including...extortions, 15 arson cases and seven firearms offences.” Businesses and family homes are being shot at in Edmonton. Over a dozen houses that were under construction by different home builders were burned to the ground just since November. While the police are doing their job and are catching these criminals, the Prime Minister's soft-on-crime legislation, such as Bill C-75, allows them to be released within hours of their arrest.

These reckless soft-on-crime policies benefit only the thieves, the criminals. In fact, only criminals are getting rich under the Liberal government. The Liberals' Bill C-5 eliminates mandatory prison time for serious crimes such as this. It allows them to serve their sentence in the comfort of their own home. The government has shown more concern for the criminals than for defending our communities. It has eliminated mandatory prison time for criminals who commit robbery with a firearm, weapons trafficking and drive-by shootings.

The reckless policies have made police powerless in stopping career car thieves and other criminals. In today's Canada, a convicted criminal can just walk out the front door and be on the streets again, stealing cars and terrorizing neighbourhoods soon after they have been arrested. It is no wonder that more and more Canadians are losing faith in our justice system. In fact, only 46% of Canadians still have confidence that their government will protect them. To make matters worse, the Liberal justice minister is failing to appoint enough judges to handle the cases, resulting in an increased number of cases that are being stayed or withdrawn. The Liberals are just not worth the cost.

The Liberals' mismanagement has allowed organized crime to turn our federal ports into parking lots for stolen vehicles that are then shipped overseas. The port of Montreal has become a major hub for stolen vehicles to be shipped out of Canada. Despite that, it has only five CBSA agents, who inspect 580,000 containers that leave the port each year. In a recent article out of Montreal, a law enforcement agent said that CBSA has no resources to check containers and that they check fewer than 1% of them. This is completely unacceptable given the current car theft crisis happening in Canada. I want to remind the Prime Minister and the government that the RCMP, the Criminal Code, the Canada Border Services Agency are all federal responsibilities. It is their responsibility to reduce auto theft as the primary prevention tool.

Conservatives have a common-sense plan to bring back safe streets and protect our communities. We must hit the brakes on car theft with common-sense Conservative tough-on-crime policies. Our Conservative plan would make prison time mandatory for repeat car thieves. Repeat offenders should not be allowed to serve their sentence in their living room, watching Netflix. We would put a stop to house arrest for convicted car thieves, toughen sentences for gang-related car thieves and eliminate the Liberal soft-on-crime bail policies for repeat violent offenders.

Conservatives will go after the real criminals by restoring jail, not bail. The NDP-Liberals have allowed career car thieves back on our streets to continue spreading chaos and disorder. Common-sense Conservatives will ensure that repeat criminals are where they belong: behind bars. A Conservative government will not go easy on organized crime thieves. It would designate a new, specific aggravating factor where the offence of motor vehicle theft is committed for the benefit of organized crime. We would increase mandatory prison time from six months to three years for a third auto theft offence. Conservatives will not stand silently by as our communities are terrorized by criminals who should be in jail, not on bail.

A common-sense Conservative government will ensure that repeat violent offenders remain behind bars while awaiting trial and will bring back mandatory jail time for serious violent crimes, which was repealed by the Liberal government. Common-sense Conservatives will put a stop to auto theft, protect Canadians' property and bring home safer streets. That is just common sense.

Public SafetyOral Questions

February 5th, 2024 / 2:15 p.m.


See context

Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Mr. Speaker, it is costly to vote for the Bloc Québécois.

The Bloc Québécois voted for the Liberal legislation that came out of Bill C‑75, which allows car thieves to be released on bail the same day they are arrested. The Bloc Québécois voted for the legislation that came out of Bill C‑5, which allows car thieves to serve their sentence at home. These laws have resulted in a 100% increase in car theft in Montreal and a 300% increase in Toronto.

Will the government reverse its policies and replace them with a common-sense policy to put an end to this problem?

Public SafetyStatements by Members

February 5th, 2024 / 2:10 p.m.


See context

Conservative

Tony Baldinelli Conservative Niagara Falls, ON

Mr. Speaker, after eight years, the Liberal government has allowed catch-and-release criminals to cause chaos in our streets, resulting in car theft numbers unlike anything we have ever seen in the past.

According to the Liberal government's own news release, auto thefts in Toronto are up 300% since 2015. What happened in 2015? The Liberal government happened in 2015. This auto theft crisis has happened under its watch and ports are full of stolen cars waiting to be shipped overseas while Canadians are left paying the price through increased insurance premiums.

The Liberal-NDP coalition and Prime Minister are not worth the costs. Change is needed, and only Conservatives would increase the mandatory minimum penalty for a third offence of motor vehicle theft. We would repeal the catch-and-release rules in the government's bill, Bill C-75, to ensure repeat offenders get jail and not bail.

A Conservative government would hit the brakes on car theft, protect the property of Canadians and bring home safe streets. It is just common sense.

Rob Moore Conservative Fundy Royal, NB

Thank you for your answer.

This ties into these amendments, because we have to look at other countries and how they handle their commissions. That's why we had witnesses from the U.K. as well as from North Carolina.

The U.K. Criminal Cases Review Commission website, under “Our powers and practices”, says:

Our legal powers mean that we can often identify important evidence that would be impossible for others to find.

We can also interview new witnesses and re-interview the original ones. If necessary, we can arrange for new expert evidence such as psychological reports and DNA testing.

We look into all cases thoroughly, independently, and objectively but the legal rules that govern the work of the Commission means that we can only refer a case if we find that there is a “real possibility”

—and this gets to the crux of my point—

that an appeal court would quash the conviction or, in the case of an appeal against sentence, change the sentence in question.

That real possibility already puts our system.... The test that's being proposed in Bill C-40 is that a miscarriage or justice may have occurred. “May have occurred” is an incredibly low bar.

Of course a miscarriage of justice may have occurred in a case, but we have to aspire to something more than the absolute floor. To suggest that someone can avail themselves of a commission, a new commission.... I'm hoping nobody in this room would want to create a parallel justice system or clog up our courts with cases that shouldn't be before them, cases that have already been dealt with. If you've been convicted of a crime and you've appealed your sentence, or not, and you have a chance to have that sentence overturned, why wouldn't you take it?

I should mention that even with this higher threshold in the United Kingdom, when this commission was opened up, they saw a rush of individuals who sought to have their convictions overturned. They have set a standard. We brought them forward as witnesses, but our standard is far lower. The effect of amendments NDP-1 and LIB-1 would be to further lower the threshold whereby someone could avail themselves of this commission.

They say the following:

We can only refer a case if we find that there is a “real possibility” that an appeal court would quash the conviction or, in the case of an appeal against sentence, change the sentence in question.

The CCRC is a prescribed body under the legislation dealing with the making of public interest disclosures (whistleblowing). This means that, quite apart from our statutory responsibility to deal with the applications we receive, we are the body to which individuals can report concerns of actual or potential miscarriages of justice.

What it takes to refer a case for appeal is new information plus a real possibility. Neither of those things is a requirement under the existing Bill C-40, let alone if we were to adopt amendment NDP-1 or LIB-1. Neither new information nor a real possibility is a requirement that would bar someone from availing themselves of this commission, using up the commission's time and perhaps clogging up the justice system when the commission doesn't even have to believe that there is a real possibility that a miscarriage of justice has occurred or that there's a real possibility of an appeal court overturning a conviction.

It's a two-part test, as we've heard. It introduces what I think is a very reasonable test: One, is there a real possibility that a miscarriage of justice occurred? If you accept that, two, is there a real possibility that an appeal court would change the sentence? What they're trying to do there is ensure they're dealing with cases that, based on the evidence before them, number one, they believe involved a miscarriage of justice, and number two, based on the evidence they have, that there's a real possibility of an appeal court overturning a conviction or not offering a conviction when there has already been one.

They go on to say, “We must be able to show the appeal court” some “new” information—again, that's not a requirement of BillC-40—“that was not used at the time of the conviction, or first appeal, and that might have changed the outcome of the case if the jury had known about it.” They say that it will not be of any use to simply apply “to the CCRC...saying the jury” got it “wrong” when they chose “to believe the prosecution case instead of the defence, unless there is “convincing new information to support that idea.”

I want to narrow in on that: It will not be of any use to simply apply to the CCRC saying that the jury got it wrong when they chose to believe the prosecution case instead of the defence. That's how our system works. Unlike what was in place for some of the wrongful convictions that are most famous in this country, we now have the Charter of Rights. We now have an improved legal aid system. We have a justice system that affords incredible rights to those who have been charged.

We've heard testimony on other pieces of legislation, like Bill C-5 and others. The fallout on Bill C-75 said that there are individuals who are being let out who should be in jail, or there are people who are not getting convictions who should get convictions. We've heard from victims saying that we don't have a justice system—we have a legal system. The cards are often stacked against victims in this country, and that's what's lost in some of this debate.

I have to refer back to the U.K. system. Their commission is one that we've chosen to take a strong look at. Simply saying, “I didn't get a fair shake” or “I don't agree”, or “The jury got it wrong”, or “The judge got it wrong and I'm actually innocent”, is not good enough to avail yourself of the commission.

What they go on to say is that for them:

To refer a case for appeal, we must think the new information is convincing enough that it raises a ‘real possibility’ that the appeal court will overturn the conviction. If we refer a sentence for appeal [we must be convinced that there's] a ‘real possibility’ that the court will reduce the sentence.

This goes to something that Mr. Caputo raised about changes in sentencing guidelines for individuals who were convicted of an offence in the past that would not be the same level of offence now. They can, in the U.K., avail themselves of a reduction in their sentence, but the commission has to be convinced that there's a real possibility the court will reduce the sentence.

Madam Chair, they go on to say, “Most people apply to the [commission] because of convictions or sentences they have received in a Crown Court.” They go on to reiterate that standard of, first, “new information”, and, second, “a 'real possibility'”.

I go back to the bill, Bill C-40, that was presented to us by Minister Virani.

Number one, does Bill C-40 say there has to be a real possibility that a wrongful conviction occurred, or a miscarriage? No. Bill C-40 says that it “may have occurred”. Even under our current legislation, which the minister currently exercises control over, there's a higher standard than “may have occurred”. Of course, it would be impossible to have a lower standard than “may have occurred”, so one thing I took some comfort in with Bill C-40 when it was originally presented is that there was this requirement that an individual would have at least availed themselves of an appeal.

Madam Chair, there's a tremendous amount of noise on the other side there.

Rob Moore Conservative Fundy Royal, NB

If I could just finish quickly, that just raised another question.

There has been much discussion around the standard around bail. Bill C-48 amends the bail provisions for certain offences. Bill C-75 brought in a presumption that involved individuals receiving bail, which many would argue shouldn't be there.

Is the test, then, identical to that for bail?

What do we make of moving this decision to the appellate court, which is removed from the facts of the case that would have been dealt with at trial? It's a level removed from that. What was the counter-argument, I guess, to just leaving it at the trial level?

Criminal CodeGovernment Orders

November 30th, 2023 / 5:20 p.m.


See context

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, I would like to point out to the hon. member that, of course, her private member's bill had a poison pill in it for people like me who want to vote for things that are effective.

Does reform to the bail system cause crime? No, it does not, and reforms to the bail system in Bill C-75 did not increase the crime rate. There are lots of other very complicated factors we could look at about why that happened, but the Conservatives like to point to the headlines and not actually point to the things that really work when it comes to combatting crimes and preventing future victims.

Criminal CodeGovernment Orders

November 30th, 2023 / 5:20 p.m.


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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, the member talked about making changes that would actually make a difference.

One of the things that I had proposed in a private member's bill was to get those people who are incarcerated in federal institutions access to addiction treatment and recovery, but the NDP, unfortunately, did not support that. How does the member rationalize saying that he wants to vote for legislation that would actually make a difference and yet he will vote against a bill like that? He also supports bills like Bill C-75, which actually lessened the bail system, and we have seen from the stats how many more victims there are because of Bill C-75.

Criminal CodeGovernment Orders

November 30th, 2023 / 5 p.m.


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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Madam Speaker, if I had a piece of advice, and I try to give some constructive advice and commentary around here once in a while, I would encourage every member of Parliament, every member of the House, regardless of party, to spend a little time on the front lines.

I have had the honour of serving here in the House for four years. One of the most impactful things I am able to do a couple of times a year is a ride-along on a Friday or Saturday night from eight o'clock until about two or three in the morning. One morning, I was out until about 4 a.m. or 5 a.m. I have done it with the OPP in SDG and with the Cornwall Police Service.

I want to build on what my colleague just said: The bill does not go far enough with respect to the changes the government is proposing. All any member of Parliament needs to do is spend a night or two on the front lines, at least, each year. Talk to frontline law enforcement. They will tell us the demoralizing aspect, the demoralizing environment, that is being created with the bail reform under Bill C-75, and now with only this partial fix. They would tell us, I think, the intention, the message or the morale with respect to criminals. They know they are getting out all the time. They know the revolving door. MPs need to spend more time on the front lines. I think all Canadians would benefit from it.

Criminal CodeGovernment Orders

November 30th, 2023 / 5 p.m.


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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, we know that Canadians are less safe. I see that in my community of Kelowna—Lake Country. We know that this crime wave has been created by bail reform changes that happened with Bill C-75. We now have a revolving door of criminals in Canada.

As you mentioned in your intervention, this would fix some of the issues, but not all of them. It certainly would not bring it back to the level that it was before the government made the changes. Could you comment on the fact that it would not be going back to the same level and would not actually fix a lot of the crime issues we are seeing with bail?

Criminal CodeGovernment Orders

November 30th, 2023 / 5 p.m.


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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Madam Speaker, I would say that the member needs to dig a little deeper into the testimony and into the words being said.

Again, Bill C-48 would fix a small part of a very big problem in this country. It is not the end. It is not that we just pass the bill and walk away and clap, saying that it is a job well done. There is a lot more that needs to be done. There are many examples, as I cited in my speech, of repeat violent offenders getting out through a revolving door, over and over again.

The Liberals are taking a narrow approach that would not fix the problem and would not get crime rates and the crime wave addressed in this country. The NDP always does this. New Democrats go along with the Liberals; they go along with the plan, and now, they are just as responsible for the backtrack. They pushed the initial bill, Bill C-75 every step the way. They are admitting, just as much as the Liberals are, that they were soft on crime and that they are wrong in their approach. They need more humility. They need a little more water in their wine, and they need to do a full backtrack.

Law enforcement, Canadians and numerous experts are saying that this is one step, but many more steps are needed to fix the problem. The work is not done yet.

Criminal CodeGovernment Orders

November 30th, 2023 / 4:30 p.m.


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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Madam Speaker, after eight years of the current Prime Minister, Canada is not as safe these days. Canadians know that and they feel that. They hear example after example of that fear right at home. Members need not take my word for it. Canadians can share, sadly, many personal examples of that. However, I want to start my comments by framing the context of why we have this bill before us in Parliament again.

Earlier this summer, the government's own numbers agency, Stats Canada, released some staggering numbers that show just how bad the crime wave in Canada is after eight years of the NDP-Liberal government. It summarized a scary national breakdown of public safety in this country for an increase in occurrences of crime since 2015. Total violent crimes are up 39%. Homicides are up 43%, and are up for the fourth year in a row. Gang-related homicides are up 108%. Violent gun crimes are up 101%, and have been up every single year the Prime Minister has been in office. Aggravated assaults are up 24%. Assaults with a weapon or bodily harm are up 61%. Total sexual assaults are up 71%. Sex crimes against children are up 126%. Kidnappings are up 36%. Car thefts are up 34%.

When we look at the violent crimes severity index, under the previous Conservative government, it decreased by nearly 25%. Under the current Prime Minister and his NDP-Liberal government, it has gone in the total opposite direction. We can do a regional breakdown. I am taking the time to put this data from Stats Canada into the record for a specific reason.

In the city of Toronto, the total number of violent Criminal Code violations increased to 57,896 in 2022. That is a 30% increase since 2015. Homicides are up. After eight years, they are up 65.85%. In Toronto, violent firearms offences increased to 655 in 2022. That is an increase of 64%. Last year, 44 murders were committed with a firearm in Toronto. Twenty-four of those were by someone who was out on bail.

In the city of Winnipeg, the total number of violent Criminal Code violations increased to over 14,000, a 48.5% increase in eight years. Homicides increased by 136% in the city of Winnipeg.

In Calgary, the violent Criminal Code violations increased to nearly 16,000 last year, a 40% increase over eight years since the Prime Minister came into office. Violent firearms offences increased by 42.8% in Calgary.

Let us go a little bit further to Edmonton. Violent firearms offences increased by 97%.

Let us go a little further west to Vancouver. Violent Criminal Code violations increased to nearly 32,000 in 2022. That is a 22.5% increase since the Prime Minister and the NDP-Liberal government took office. Homicides are up 55% in Vancouver and violent firearms offences are up 22% in that city alone.

Coming back here to the nation's capital, the Ottawa-Gatineau region, the number of violent crime violations is just shy of 14,000, which is a 37.1% increase over eight years. Homicide has increased in the nation's capital by 112%. Violent firearms offences have increased by 115%. This is the situation after eight years of the Prime Minister and the Liberals' soft-on-crime policies. This is the record they sadly own.

Just over my shoulder behind me is my colleague for Dauphin—Swan River—Neepawa, which is in rural Manitoba. I have highlighted the stats of many of our major cities, but rural crime is also out of control. My colleague has raised this, I would say, at least a couple of dozen times. I have heard him tabling multiple petitions in the House from Canadians begging the Prime Minister to understand the public safety threat and the crime wave that has been unleashed in this country because of the government's policies, but it is to little or no avail. This is what is so frustrating for Canadians.

The Prime Minister is the best at photo ops. He loves selfies. He loves making announcements about the things he will do, how great it is, and how it has never been so good for Canadians. This is what we hear him talk about often, but any time the going gets tough, or we read the data and statistics as I just did, the Prime Minister heads for the hills. He goes up to the cottage and refuses to answer questions.

I have never, in my 36 years of life, seen somebody skirt from accountability based on their own record. It is always somebody else's fault. When we watch debate in the House and watch question period, we never see the government take an ounce of responsibility for the problems of this country. The Liberals will blame the provinces. They talk about law enforcement. They talk about everything but what they are actually responsible for and the policies that are doing this to every part of the country.

Before I get to Bill C-48 specifically, it is important for Canadians and the House to be reminded why we are talking about Bill C-48, and for the Liberals and the NDP to be humbled. It all emanates from an idea they had less than five years ago with Bill C-75, which made significant, major and wrong reforms to the bail process in Canada. It was passed in 2019, and it legislated a “principle of restraint”, which is what they called it, concerning bail. This was for police and courts to ensure that release at the earliest opportunity would be favoured over detention. Bail by default is a simple way of explaining this.

However, make no mistake about it, I read all those comments into the record about the severity of public safety in this country, which is being felt by millions of Canadians in their communities. This is not because of some random chance. It is not because of some phenomenon that just came along. It is because the Prime Minister passed Bill C-75 and wrecked our bail reform process. A revolving door of bail is happening in every part of this country.

Now, with Bill C-48, the Liberals have admitted it. This was after immense pressure from Conservatives, premiers of all parties in every province, territorial leaders and law enforcement officials who are working on the front lines of this crisis day in and day out. They were polled and forced to make this change to backtrack on their soft-on-crime policies. However, let me make it clear that this is only one small step of what needs to happen when it comes to bail reform in this country. They have gone back an inch, but they need to go back a heck of a lot further to solve the problems we are facing. It is simple, as members have heard us say before: jail not bail for repeat violent offenders.

I will nip this in the bud right off the bat. The Liberals always say that people make mistakes. Now I am not perfect, and I have made some mistakes, believe it or not. We all have. Canadians are concerned and frustrated that there are these repeat violent offenders in all those crime stats I just talked about. They are also seeing that law enforcement is extremely frustrated because, when someone gets arrested, they go in, and within a day or so, they are out on bail.

We are seeing a correlation. Law enforcement statistics are showing that repeat violent offenders are out causing chaos. They are causing numerous police interactions, numbering in the thousands. We are not talking about a speeding ticket, a small amount of substances or even a first offence. It is repeat violent offenders, and Canadians are getting tired of the revolving door. Our law enforcement is demoralized at how the government is ignoring the very valid concerns it is raising.

The Vancouver Police Union had an unbelievable statistic. I had to reread it probably two or three times just to comprehend the magnitude of how broken the bail system has become under the Liberals and the NDP. The Vancouver Police Union said that the same 40 offenders last year had 6,000 police interactions. Members can think of the resources of the revolving door, which is, over and over again, deferring police resources from keeping our communities safe. There were 6,000 times involving the same 40 people. That is insane. That is a broken Liberal soft-on-crime policy.

The frustrating part about all this is that the Liberals still do not get it. This bill goes nowhere near far enough to reverse the damage they have done and the public safety crisis, the crime wave, they have unleashed across the country.

The Prime Minister is in trouble. He was in trouble back in the summer. He desperately wanted to reset things. He is down in the polls, and after eight years, Canadians realize he is just not worth the cost, the corruption or the lack of safety we have in this country. He shuffled his cabinet. A few people announced their retirements and went to the backbenches or the side benches. New fresh faces came into cabinet.

There was a new justice minister, who I am going to guess on the very first day, after visiting Rideau Hall and heading to the Department of Justice for a briefing, was given a summary of the same Stats Canada data I just read. The first opportunity is not a full reversal on the failed Bill C-75.

We will fast-forward to the new justice minister going on CBC, of all places, for an interview. When he was confronted about those stats and how devastating they were, with the rapid increase of violent crime in this country, his response to Canadians was to say that it was all in their heads. He said, “empirically it's unlikely” that Canada had become less safe. That is the reset. That is the new justice minister advocating for public safety in this country saying that it is just in Canadians' heads and that it is just a thing you hear on TV. He is out of touch.

This is what we have seen time and time again with the government's approach to bills such as Bill C-48. Premiers, law enforcement and millions of Canadians who have become victims of crime and/or know somebody who has become a victim of crime are saying that enough is enough.

The justice minister gave a slap in the face to victims of crime. To have the Prime Minister double down, denying just how bad the public safety crisis is in this country, shows us where the Liberals are starting from. The Liberals should frankly be embarrassed about Bill C-48 because they are admitting that the approach in their previous bills was absolutely wrong. They have backtracked.

As I said before, Conservatives have been clear that this does not go far enough to fix the revolving door of bail in this country. This bill is before us only because of the efforts of Conservative members of Parliament at committee, of provincial premiers who were united against the federal government and the Prime Minister and of courageous frontline law enforcement in every part of this country. They have all had enough. We owe it to them to not just pass Bill C-48 but to do the full fix to protect law enforcement and Canadians and keep people safe. This bill is an admission of failure by the Liberals and NDP. It is an admission that they were soft on crime, and it is proof that they are failing Canadians in keeping them safe.

I want to highlight the months of testimony that was heard at the justice committee on Canada's broken bail system. There were many key points raised that need to be brought into the debate we are having on the floor of the House. Comprehensive bail reform is urgent. Repeat and violent offenders are becoming a bigger problem for law enforcement. The public's right to be protected against violent repeat offenders must outweigh the violent repeat offenders' right to bail. That, as we would say, is common sense.

There is agreement among numerous individuals with a background in law enforcement and public safety who testified that Bill C-75 has failed to help victims of intimate violence. The current bail system now has put frontline officers at risk, and the Liberals, with their efforts, have sadly eroded the integrity of Canada's bail system. Judges have to apply the Criminal Code as written, and now people who pose a risk to public safety are too often receiving bail. The government is sending the wrong message to Canadians.

It did this only after all of this pressure, whether it was at the justice committee, in question period, in the letter that the premiers signed, from numerous police unions and provincial and national chiefs of police associations or, most importantly, through the devastating stories from way too many Canadians about how they have become victims of crime and about living in neighbourhoods where, for generations and decades, they felt safe in their hamlets, subdivisions, communities and small towns, and now that has been eroded.

It is important in these debates to humanize what is going on. The sad part that is not in Bill C-48 is the devastating and sad story from only a few months ago of OPP Constable Grzegorz Pierzchala. His killer was out on bail. We now know that, based on this bill and its small fix, which is not the full fix but a partial fix, that individual would have still been out on bail. It is extremely frustrating. The list goes on of media story after media story that highlight the crisis we are in.

It was the Canadian Association of Chiefs of Police that begged for an urgent meeting with premiers and national leaders about this bill. It does not go the full way that it has been asking for. It says easy bail policies make “much of our work pointless”. That is what the chiefs of police are saying about the Liberals' legislative record on justice and public safety.

The BC Urban Mayors' Caucus compiled data showing more than 11,000 negative police contacts by just 204 offenders who “rarely faced any consequences for their criminality”. I spoke before about the Vancouver Police Union. Police officers in Vancouver themselves have released data on the 44 most recent stranger attack suspects, showing that 78% of them had already been charged in a previous criminal incident.

Most notably, the law requires that the top priority in any bail hearing is “the release of the accused at the earliest reasonable opportunity and on the least onerous conditions”. That has got to change. Again, jail, not bail, for repeat offenders must be the goal of the government. After eight years, Canadians cannot afford any more of this nonsense from the Liberals, propped up every step of the way by the NDP.

I want to end my comments tonight with a reflection on where we are at when it comes to the priorities of public safety of the Liberal government and the Prime Minister. I want to talk about the benefit of the doubt, and have Canadians reflect on something that would tell them everything they need to know about the broken approach the Liberals have and the contrast on this side of the aisle with Conservatives, which could not be more clear.

With respect to bail reform, with Bill C-75 in the Liberals' legislative record, they want to give the principle of restraint, the least onerous bail conditions, and give those who are accused the benefit of the doubt so they can get out on bail. Even if, over and over again, they are being arrested or charged, or are having interactions with the police, by default, by benefit of the doubt, they get out. The result has been a crime wave, with skyrocketing numbers from Statistics Canada on where we are at in this country.

By contrast, when we talk about the benefit of the doubt, what is the solution for the problem, in the minds of the Liberals? It is to take away hunting rifles and go after law-abiding hunters, farmers, indigenous communities and sport shooters alike. There is zero benefit of the doubt for those who are law-abiding, have their PAL, have a criminal record check and have never had an issue or an interaction with police whatsoever. The Liberals and the Prime Minister do not think they deserve any benefit of the doubt; they just want to confiscate and waste billions going after Canadians who are of no concern with respect to public safety. That benefit of the doubt tells us everything we need to know about the Prime Minister. There is no common sense there.

It is time, not just to pass Bill C-48, a small fraction of a solution, but to do the right thing for Canadians who are tired either of being the victim of crime or of hearing of a neighbour, a friend or a co-worker who has been the victim of crime. Do it for the frontline law enforcement members in this country, who deserve the resources to keep repeat violent offenders behind bars. We need jail, not bail, for repeat violent offenders.

It is time in this country for common sense. It is time for a real plan for public safety. It is time for the Prime Minister to put a little water in his wine, have a little humility, listen to premiers, listen to law enforcement and bring change, not only with Bill C-48 but also with the full fix this country needs in order to be protected.

Public SafetyOral Questions

November 28th, 2023 / 3:05 p.m.


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Conservative

Tim Uppal Conservative Edmonton Mill Woods, AB

Mr. Speaker, that is another bill blocked by more Liberal senators.

It was actually the Liberal government's soft-on-crime policies like Bill C-5 and Bill C-75 that let serious violent criminals back onto our streets, and incidents of violent crimes have skyrocketed since then. Violent crime is up by 39%. Murders are up 43%. Gang-related homicides and violent gun crimes are up over 100%.

Only Conservatives would end Liberal-NDP soft-on-crime policies that keep violent offenders on the streets. When will the Liberals get out of the way and allow common-sense Conservatives to bring home safer streets?

Karen Vecchio Conservative Elgin—Middlesex—London, ON

I appreciate that, but I can tell you that some of the legislation that has been passed by this government failed. Bill C-75, just as Mr. McCauley shared with us.... We are seeing perpetrators being released all the time. Share with me how that is safe for a child or person who is a victim of crime? I'm just wondering if it's being taken seriously enough.

I'm looking at Frances, and I know that she takes her job very seriously and does a great job. I'm concerned about the other departments, whether it's making sure that we're procuring things that women can wear when on the battlefield or making sure that the CERB program is equal for everybody across the country. As I said, the carbon tax was a good example.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Thanks very much, Chair.

I want to follow up on a number of the points that Mr. McCauley made.

I know that Bill C-75 had a reverse onus on intimate partner violence. To me, that's a result of a gender-based analysis plus application of how legislation is impacted.

I want to talk a little bit about data and how that impacts different departments and their GBA lens.

First and foremost, perhaps Mr. Hayes would be the best to answer this question.

Is the same analysis applied across all departments?

Kelly McCauley Conservative Edmonton West, AB

I want to follow up on an important question that Ms. Vecchio had. It was overlooked in the report, I believe. It's how we look at legislation through a GBA+ lens in relation to vulnerable people.

I want to bring up a hurtful issue that happened in Edmonton. It was in April. A mother and her child were murdered by someone while he was released on bail after assaulting someone else, while released on bail for assaulting a child, while out on bail for stabbing someone at a bus stop.

Would Bill C-75 have gone through a GBA+ analysis?

Karen Vecchio Conservative Elgin—Middlesex—London, ON

That's fantastic.

As we're looking at this, as a person who works on women and gender equality, we are seeing extraordinary violence in our communities. Whether it's intimate partner violence or domestic violence—we're looking at that—or whether it's random acts of violence that are happening to vulnerable populations, we're continuing to see those escalate.

Can you share with me whether GBA+ has been done on important pieces of legislation, such as Bill C-75, which was in the 42nd Parliament, or on something like our bail reform? Has a GBA lens actually been put on those?

Criminal CodePrivate Members' Business

October 27th, 2023 / 1:55 p.m.


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Dartmouth—Cole Harbour Nova Scotia

Liberal

Darren Fisher LiberalParliamentary Secretary to the Minister of Mental Health and Addictions and Associate Minister of Health

Madam Speaker, I am pleased to join the second reading debate of Bill S-205, an act to amend the Criminal Code and to make consequential amendments to another act. I am pleased to reiterate the government's support for Bill S-205. This legislation has the important goal of better protecting victims of intimate partner violence.

In light of last week's tragic instance of intimate partner violence in Sault Ste. Marie, we are reminded of the devastating impact these crimes have on individuals and communities. My heart breaks for the senseless loss of life in Sault Ste. Marie, and I am thinking of the victims' loved ones. Intimate partner violence and gender-based violence in general have no place in Canada. I know my colleagues from all parties share this sentiment.

Bill S-205 would make changes to the Criminal Code's bail and peace bond regimes in order to address intimate partner violence. The bill would also make consequential amendments to the Youth Criminal Justice Act. These are important objectives. Today, I will elaborate on some concerns that we have with this bill and how we think it can be improved. I will also discuss our government's most recent complementary efforts to support victims of intimate partner violence and victims of crime in general.

As my colleagues have mentioned, Bill S-205 would require prosecutors to ask courts whether the victim has been consulted about their safety and security needs prior to making a bail order for an individual who is charged with an intimate partner violence offence. In addition, Bill S-205 would require courts to ask prosecutors whether victims have been informed of their right to request a copy of the bail order made by the court.

The next element of Bill S-205 that I would like to highlight is the expansion of a reverse onus for bail on intimate partner violence crimes. The reverse onus would be expanded so that it applies not only to accused persons who were previously convicted but also to those previously discharged, conditional or absolute, for an intimate partner violence offence. This particular measure is also contained in our government's bill, Bill C-48, which already passed this House and is awaiting third reading in the Senate. We were certainly concerned to see that the senators voted to remove this measure from the bill, and I hope that my colleagues agree that we should reinstate it in Bill C-48. This provision builds upon previous government legislation that enhances our federal response to intimate partner violence, including former Bill C-75. I hope this House rejects the amendments to Bill C-48.

Next, Bill S-205 would require a justice to consider, on request of the Crown, whether the accused should wear an electronic monitoring device as a condition of release. I want to point out that this provision would also undo an important change made by Bill C-233, an act to amend the Criminal Code and the Judges Act, violence against an intimate partner, which received royal assent on April 27. If Bill S-205 is passed, electronic monitoring would be identified as an explicit condition of bail that could be imposed in all cases, and not just in cases involving violence against an intimate partner as is now the case because of the changes enacted in Bill C-233.

Last, this bill would create a new peace bond specific to cases involving intimate partner violence with a duration of up to two years, or three years if the defendant was previously convicted of an intimate partner violence offence.

I want to reiterate that I support the objectives of this bill, but I believe that changes should be considered to better align the proposed amendments with its objective. These changes could also minimize the potential for unintended negative impacts on groups who are already overrepresented in the criminal justice system, and ensure coherence with existing criminal law.

Next, I want to discuss how Bill S-205 fits into a broader framework of our government's support for victims of crime. I have already mentioned Bill C-48, which passed here on unanimous consent of all members. I want to thank colleagues across the aisle for their support and for recognizing the importance and urgency of Bill C-48. It is a direct response to requests made by the provinces and territories, as well as law enforcement agencies from across our country. This piece of legislation would strengthen Canada's bail laws to address the public's concerns relating to repeat violent offenders in offences involving firearms and other weapons.

Bill C-48 would introduce a reverse onus at bail on the use of dangerous weapons such as firearms, knives and bear spray. Bill C-48 would also create a reverse onus for additional indictable firearms offences, including unlawful possession of a loaded or easily loaded prohibited or restricted firearm, breaking and entering to steal a firearm, robbery to steal a firearm and making an automatic firearm.

Through this bill, we are sending a strong message that crimes committed involving a firearm are unacceptable and represent a dire threat to public safety. We have seen too many lives lost to gun crime.

As I have mentioned previously, Bill C-48 would also strengthen the existing reverse onus that applies to accused persons charged with an offence involving intimate partner violence when they have a previous conviction for this type of an offence. Bill S-205 has this same objective, and I am glad to see members from all parties take intimate partner violence seriously.

Another proposal in Bill C-48 relates to what considerations the court must make when deciding whether to release someone on bail. A former bill, Bill C-75, passed in 2019, amended the Criminal Code to provide that before making a bail order, courts must consider any relevant factor, including the criminal record of the accused or if the charges involve intimate partner violence.

Bill C-48 would expand this provision to require courts to consider if the accused's criminal record includes a history of convictions involving violence. Bail courts would be specifically directed to consider whether the accused has any previous violent convictions and whether they represent an increased risk of reoffending, even when the proposed reverse onus does not apply. This change would enhance public safety, and I am again pleased that my colleagues support the passage of Bill C-48.

A second bill I wanted to highlight is Bill S-12. Just this week, we debated this legislation. Bill S-12 would improve our national response to sexual offences by strengthening the national sex offender registry regime. We have responded to concerns raised by the Supreme Court and law enforcement agencies in this legislation. The list of designated offences that qualify an offender to be registered on the national sex offender registry would be expanded by Bill S-12, and this list would include non-consensual sharing of intimate images and sextortion, two crimes that have had terrible impacts on the lives of Canadians, especially women and children. This would be a very positive step forward.

Bill S-12 is a direct product of conversations with survivors and victims of sexual crime. Bill S-12 would reform the publication regime to recognize the diversity of victim experiences and ensure that survivors have agency to tell their own stories if they so choose. Bill S-12 would also change the process for providing victims with information on their cases to better reflect the Canadian Victims Bill of Rights. Both of these changes are about one key element: choice. There is no one right way to be a victim. Bill S-12 reflects this reality.

I am happy to support Bill S-205, and I hope that the elements I have raised as potential concerns with the bill can be further studied at committee.

Public SafetyAdjournment Proceedings

October 26th, 2023 / 6:40 p.m.


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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, public safety is one of the most important roles government has. As elected representatives, we create laws and policies to keep Canadians safe, but increasingly, people from my community in Kelowna—Lake Country are feeling that the Liberal-NDP government is not prioritizing the safety of our streets and community. The former public safety minister defended Liberal laws and policies that left people traumatized in our communities. After a summer reshuffle, the Liberals put forth a new justice minister, who denies basic facts about crime rates. In an interview with Reuters, he said that “empirically” it is unlikely Canada is becoming less safe.

Here are a few facts after eight years of the Liberal government: Violent crime is up 39%, and murders are up 43%. Gang-related homicides are up 108%, and violent gun crime is up 101%. Aggravated assaults are up 24%, and assaults with a weapon are up 61%. Sexual assaults are up 71%, and sex crimes against children are up 126%. Kidnappings are up 36%, and car thefts are up 34%. The violent crime severity index is up 30%. Youth crime has risen by 17.8% in a single year. Bills like Bill C-5 and Bill C-75 have created laws that are more lenient on criminals and do less to protect victims.

In British Columbia, disturbing statistics showed that just 40 offenders were responsible for 6,000 negative interactions with law enforcement in one year. Residents in my community of Kelowna—Lake Country are increasingly disturbed by random attacks and by seeing crimes being committed by repeat violent offenders who are out on bail. Criminals who repeatedly terrorize communities do not deserve to be out on our streets. The revolving door does nothing to help victims, to keep people safe and to reduce recidivism.

I introduced a private member's bill, the “end the revolving door act”, to help people in federal penitentiaries receive a mental health assessment and treatment and recovery while they serve out their sentence. A report showed that 70% of people in federal penitentiaries have addiction issues and that recidivism is high. Receiving treatment and recovery would help the person serving the sentence, their family and the community they would go back to. The NDP-Liberal coalition voted down my non-partisan, common sense bill. Instead, its members have chosen to take a very different path by allowing drug decriminalization policies and taxpayer-funded hard drugs in British Columbia. Investigative reporting showed a new drug black market that emerged from taxpayer-funded hard drugs both on streets and also now online.

More than a dozen addictions doctors wrote to the Liberal government calling for changes in policies around government-funded “safe supply” drugs or to not provide them at all. Today, I ask the government, on behalf of those residents in my community concerned about this shocking rise in crime, when will the government reverse course on all its failed policies?

Criminal CodeGovernment Orders

October 25th, 2023 / 5:20 p.m.


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Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, after eight years of this Prime Minister's weak-on-crime policies, Canada has become a more dangerous place and he is not worth the cost.

Liberal law Bill C-75, the catch-and-release act, has unleashed a wave of violent criminals onto our streets and incidents of repeat and violent crime have predictably surged as a result. This increase in crime is particularly true when it comes to sexually based offences. Under this NDP-Liberal government's watch, sexual assaults have gone up 71%. Sex crimes against children have seen an astonishing 126% increase.

Thanks to extreme politicians weakening our laws, those who commit sexual assault can now serve their sentences at home in the same community as their victims.

According to Statistics Canada, only one in five cases of sexual assault reported to police result in a trial. Only 6% of sexual assaults are reported in the first place, due to fear and stigma, the lowest of all violent crime.

I know that when I was sexually assaulted, as a child of 12, by two perpetrators, I was too afraid to tell my parents, even. I did not tell my mother until I was 40 years old. That is the story for many women in Canada.

The Vancouver Rape Relief and Women's Shelter points out that only one in nine cases of sexual assault reported to police results in a conviction. Worse, only one in 15 reported cases results in the perpetrator being sentenced to jail. As a mother of three daughters, I find these statistics alarming. As a lawyer and member of the official opposition, I must hold the government presiding over this crime wave responsible. The lack of urgency of the NDP and Liberals to protect women and children is shocking. They must act now to fix the problems they created with this radical ideology that puts criminals first and victims last.

These stats only tell part of the story. The assault is traumatic enough for the victim to live once. The effects last a lifetime. To get justice, they are required to relive the trauma during the rigours of a criminal trial. They are often revictimized, forced to recount their assault through their own testimony and cross-examination. It is understandable that sex crimes and assaults are significantly under-reported, making it impossible to accurately quantify just how widespread this picture is.

It is not just sexual assault. Other forms of sexual violence are also on the rise. Online child exploitation has increased.

According, again, to StatsCan, my province of British Columbia accounted for 54% of Canada's reported incidents of making and distributing sexually explicit images. The RCMP in British Columbia dealt with 9,600 cases of child exploitation last year alone.

This is unacceptable in the extreme and speaks to the NDP-Liberal government's failure to protect the most vulnerable in our society, particularly women and children.

The House must acknowledge that Canada has a problem with sex crimes, as we debate legal changes to the sex offender registry.

In my family law practice, I handled a case where a woman was concerned for the safety of her child during a custody dispute. She expressed concern that unsupervised contact with extended family members on the father's side of the family could put her child at risk of sexual assault. I discovered, through a sex offender registry in the United States, that the family member in question was a known offender. We were able to secure conditions in the custody arrangements that kept the child safe and under supervision.

This underscores the need for a strong, effective sex offender registry, to help law enforcement keep the public safe.

The legislation before us today, Bill S-12, amends the Sex Offender Registration Information Act, following a Supreme Court ruling that determines that sections of this law were unconstitutional.

The court gave the Liberals one year to fix the unconstitutional provisions. That was on October 28, 2022. The so-called “feminist government” has dragged its feet yet again, and here we are today at the 11th hour debating the bill with a looming deadline just three days away.

Bill S-12 would change the Sex Offender Registry Information Act that was first passed in 2004 with the support of all parties. It was created to assist law enforcement agencies by requiring the registration of specific information about sex offenders, such as addresses, phone numbers, a description of their physical appearance, the nature of the offence committed, and the age and gender of the victims and their relationship to the offender. At the time it was up to the discretion of the judge as to whether a sexual offender should be on the registry.

However, this led to several issues. In 2009, the public safety committee found that only 50% of sex offenders were required to enrol in the sex offender registry. Conservatives recognized that to be effective and to actually protect women, children, victims and survivors, the national registry had to be enforced consistently across the country. Conservatives are the party of law and order. We support tough sentencing and enforcement against sexual crimes.

The previous Conservative government brought in the law that required convicted sex offenders to be automatically listed on the national sex offender registry to better protect the public, a measure that was also supported at the time by all parties. Conservatives remain supportive of legislation that would protect the public from sexual offenders, including Bill S-12. However, the bill is another missed opportunity to improve public safety.

At committee, the Liberals amended their own bill to further prioritize the interests of the accused in sexual assault cases. Frankly, accused sexual offenders do not need more support in the criminal justice system. It is the victims and survivors who need the support. This was a chance for the coalition government to stand with victims, but once again it abandoned them. Common-sense Conservatives believe all sex offenders must be listed on the national sex offender registry, and we will amend the legislation to ensure this is the case when we form government.

As a family lawyer, I often dealt with custody cases where the sex offender registry was especially used to protect the interests of children. It is an essential tool for police and law enforcement agencies. I am concerned that the court's decision will water down the effectiveness of the registry and make it harder for police to prevent and investigate sexual offences.

At committee, that soft-on-crime NDP-Liberal government opposed our common-sense amendments to strengthen the bill and opposed amendments to publication bans that key stakeholders, such as My Voice, My Choice, which was earlier praised by the member opposite, have advocated for. While the government claims it stands for women's rights and supports survivors of sexual violence, its actions say otherwise.

Victims and survivors welcome stronger penalties and protections like mandatory enrolment in the national sex offender registry. They have asked for increased flexibility and victim input regarding publication bans and access to case information. The Liberals had a year to get the legislation right. Their delayed response has opened the possibility of sex offenders escaping registration if Parliament does not comply with the court-imposed deadline looming close now, something Conservatives will not allow.

We will agree to pass the bill through the House today to avoid putting the registry at risk. However, make no mistake, there is only one party committed to ending the crime wave, keeping vulnerable Canadians safe and fixing the flawed legislation. Only common-sense Conservatives will act with the urgency and the specificity required to keep women and children in Canada safe.

Corrections and Conditional Release ActPrivate Members' Business

October 17th, 2023 / 6 p.m.


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Conservative

Arpan Khanna Conservative Oxford, ON

Madam Speaker, it is a pleasure to rise in the House today to speak to my hon. colleague from Oshawa's private member's bill, Bill C-320, an act to amend the Corrections and Conditional Release Act (disclosure of information to victims).

When I was asked to speak to this bill, the answer was an easy yes. It is easy to support Bill C-320 because this crucial piece of legislation prioritizes victims' rights in the Canadian justice system. It is the government's responsibility to ensure that victims of crime are treated with the utmost respect and dignity. It is time that victims and their families are prioritized by our justice system, not continuously revictimized by it.

However, the Liberal government repeatedly fails on that account. It has been easy on criminals while tough on families. After eight years of the Prime Minister's failed catch-and-release bail and soft-on-crime policies, crime has never been worse.

Ever since the Liberal government passed Bill C-75, it unleashed a wave of violent crime across our country. Since 2015, total violent crime has increased by almost 40%, homicides have increased by 45% and are up for the fourth year in a row, gang-related homicides have increased by over 100%, violent gun crime has increased by over 100%, total sexual assaults have increased by almost 75%, sex crimes against children have increased by over 125% and kidnappings have increased by almost 40%. With more crime and chaos across our country, there are more and more victims, and it seems that the system is putting the rights of criminals over the rights of victims.

That is why victims and families of victims like Lisa are speaking out and are the inspiration and driving force of this bill. Lisa's father was brutally murdered in 1991, and the offender received a conviction of 25 years to life. Lisa and her family, like many victims of crime, were caught off guard when they were notified that the offender was eligible for parole before the 25 years indicated on the conviction record. Her father's killer was eligible for early parole only 20 years into his sentence of 25 years to life. Victims usually think life means life. She believes, and I agree, that the lack of transparency regarding how parole dates and eligibility are determined causes the victims of crime to experience confusion, frustration, trauma and resentment of the criminal justice system.

This legislation makes a simple amendment to the Corrections and Conditional Release Act to provide respect and dignity to victims and their families. It would require that information regarding the review eligibility for all forms of parole be communicated in writing to the offenders' victims, including explaining how the dates were determined for parole and explaining this process, to be as transparent as possible. Victims deserve accurate and timely information regarding the parole process.

Hearing about this bill and Lisa's story, I was reminded of a similar case in my own riding, a story I am sure all members are familiar with, the tragic case of Tori Stafford, a young girl whose life was cut short by a horrific murder. It serves as a stark reminder of why we must advocate for the victims' rights.

In April 2009, Tori, an innocent eight-year-old, was abducted, raped and murdered by two individuals. It was a senseless act that sent shockwaves not only through Oxford but through our country. The pain and anguish that Tori's family and loved ones endured was unimaginable. This traumatized Tori's family, our community of Oxford and our country.

Unfortunately, the Stafford family's journey with the justice system has not been a smooth one. Michael Rafferty and Terri-Lynne McClintic were both guilty of murdering Tori. McClintic pleaded guilty in 2010, and in 2013, after his appeals, Michael Rafferty received the same sentence. Both were sentenced to life in prison with no chance of parole for 25 years in maximum-security facilities. However, in 2018, we saw that McClintic made headlines for being transferred to a minimum-security healing lodge.

With the advocacy of Tori's family, the public outcry was strong and swift, and McClintic was returned to prison after the public safety minister intervened. However, this raises the question of how we have gotten to the point that, eight years after raping and murdering a child, a violent offender can be transferred to a low-security facility. Why is the criminal justice system providing false comfort to the families of our victims?

When I spoke to Tori's father about this incident, he stated that the Parole Board did not notify him of McClintic's transfer. He shared how, each time the offenders were transferred, it brought back the terrible memories, picked at the wounds they were trying to heal and caused them pain. At times when the offender of the crime was transferred to a lower-security facility or granted temporary leave from a prison for various reasons, it was not always communicated to them. It was traumatic for their family.

Tori Stafford's story is a heart-wrenching example of the dire need for comprehensive reform of our parole and justice systems. We need greater transparency. We must prioritize victims and victims' families, rather than allowing criminals to dictate how the process will progress.

While this incident is older, Rodney Stafford, Tori Stafford's father, was again in the media this summer when we heard about Paul Bernardo's transfer happening without much warning to his victims' families. Rodney discussed the need for transparency surrounding the incarceration of his daughter's killers, especially when they become eligible for parole. He knows that there is a chance that one or both will one day be released, but until then, he says that victims' families deserve more respect. He said, “The victim families, we don't have any rights”. He went on to say, “They've been eliminated.”

Ultimately, that is why we are here today. Bill C-320 would address the fundamental issue of victims' rights and aim to provide them with the support and recognition they deserve. This legislation would acknowledge that victims such as Tori Stafford and her family, and advocates such as Lisa and Rodney, should be at the forefront of parole board considerations.

The bill would seek to rectify the power imbalance that often exists between victims and offenders. It would ensure that the system itself does not revictimize the families. That is why this bill would be a crucial step forward in making our justice system more compassionate, supportive and responsive to families' needs.

It is necessary reform that pays homage to victims who have suffered immeasurable pain and deserve better. This policy has the support of the victims' rights community, and this amendment is a very simple one. It is the addition of a single sentence that would put victims first and make a world of difference.

Bill C-320 is an essential piece of legislation that acknowledges the pain and suffering endured by victims. By passing this bill, we would send a clear message that Canada stands with the victims and not the criminals. We would stand with victims by providing them with the rights and support they deserve throughout the parole process.

Let us not forget the lessons learned from cases such as Tori Stafford's and Lisa's: We have an urgent need for further parole reform and a justice system that would put our victims first. I urge my honourable colleagues to support Bill C-320 and make our justice system a more compassionate and just place for all.

We will and we must do more to support victims and their families. It is the right thing to do.

Criminal CodePrivate Members' Business

October 16th, 2023 / 11:35 a.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, it is my pleasure to rise today to speak to Bill C-325, an act to amend the Criminal Code with respect to the conditional release system. This is the private member's bill of my friend and colleague, the member for Charlesbourg—Haute-Saint-Charles, and I am happy to support it for the few reasons I will detail in these remarks.

The main reason is that our criminal justice system needs a serious overhaul to prevent violent offenders from committing further violent crimes, and this bill would work to combat that societal harm. One of our Conservative Party pillars is to bring home safe streets. To do this, we need to take serious action to reverse the precipitous rise in violent crime that has transpired over the last eight years with the Liberal government.

Data from Statistics Canada in August indicated that the national homicide rate has risen for the fourth consecutive year and is now at its highest level since 1992. This is largely due to gang violence. Violent crime is up for the eighth year in a row. The per capita victims of violent crime have increased 60% since 2013. Fraud is twice as prevalent as it was 10 years ago, and extortion is five times higher. It is a country-wide problem, not restricted just to our biggest cities. As an example, an article from the National Post from the past summer stated, “Reports from Newfoundland—which experienced one of the steepest rises in crime last year—reveal a growing sense of fear and abandonment among those living in St. John’s downtown core.” Our communities feel less safe. Crime, chaos, drugs and disorder are common, and the Liberal government is responsible for making the situation worse.

The common denominator here is the Prime Minister and his lenient approach to violent crime. The measures to reverse this trend in Bill C-48, which the House passed unanimously on September 18, were but a start to the serious overhaul necessary to create real change, to borrow a phrase from the Prime Minister, who used it eight years ago.

Bill C-48 does not go far enough to reverse the damage that the Liberals have done with their catch-and-release laws that let repeat offenders back onto our streets to cause more crime and chaos. It started with Bill C-75 and continued with Bill C-5, which had a soft-on-crime approach. That is why I am here to support Bill C-325, as it would take further measures to combat the violent crime waves.

Bill C-325's summary states:

This enactment amends the Criminal Code and the Corrections and Conditional Release Act to create a new offence for the breach of conditions of conditional release imposed in relation to certain serious offences and to require the reporting of those breaches to the appropriate authorities.

It also amends the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community.

Namely, Bill C-325 would strengthen the conditional release regime by creating a breach-of-condition offence in the Criminal Code at section 145, for breaches of condition on parole or statutory release. It would be an indictable offence and would be liable to imprisonment for a maximum of two years, or an offence punishable on summary conviction.

The bill would also amend the 1992 Corrections and Conditional Release Act to require parole supervisors to report breaches of conditions. It states that if a breach exists, parole supervisors must inform the Parole Board of Canada, the Attorney General and appropriate officials of the breach and the circumstances surrounding it. It is currently not the case that probation officers are required to report breached conditions. This provision would go a long way in reducing recidivism among violent criminals.

Bill C-325 would also restore the former version of section 742.1 of the Criminal Code, which was repealed in 2022 by the Liberals' Bill C-5. This would reintroduce a list of serious offences for which a shorter sentence of less than two years cannot be served in the community via house arrest. This includes kidnapping, sexual assault and some firearms offences. Bill C-5 should never have been allowed to pass, as it puts communities at risk with violent offenders serving sentences for serious crimes in the comfort of their own homes while watching Netflix. This includes, for example, drug traffickers serving their sentences at home. How convenient is that? This also includes sexual assault offenders who are serving their sentences in their homes in the communities where they have victimized and can now revictimize.

To avoid an argument from my opponents off the bat, I will say that this bill would not bring out stronger sentences or raise rates of incarceration for the sake of it. Breaches of conditions imposed during conditional release, which is after sentencing, are often committed by a minority of offenders. However, when parole conditions are breached, it can be frustrating and damaging to the victims of the crimes committed, not to mention to the community at large in which they live.

The Canadian Police Association said that it is important to effectively target repeat offenders because, as frontline law enforcement officers know all too well, a defining reality of our justice system is that a disproportionately small number of offenders are responsible for a disproportionately large number of offences. In fact, our leader, the member for Carleton, often cites the example of Vancouver, where 40 criminals were arrested a total of 6,000 times in a year.

It is important to note as well that offenders designated as long-term offenders would not be covered in this bill. They are already covered by breach-of-condition language in the Criminal Code.

We need this bill because of offenders like Myles Sanderson. He had been granted statutory release in August 2021, after serving a five-year sentence for assault, robbery, mischief and making threats. He had 59 previous convictions, one of which included assaulting a police officer. He had been charged for 125 crimes, with 47 cases filed against him in the province's criminal courts. He violated his parole conditions 28 times. In February 2022, following a hearing, the Parole Board did not revoke his statutory release despite these violations. He stopped meeting with his case worker in May 2022, which led the police to look for him. Unfortunately, they did not find him before he and his brother murdered 11 people and injured 18 others in a mass stabbing spree on the James Smith Cree Nation and in Weldon, Saskatchewan in September 2022. This horrific tragedy broke the heart of the nation and devastated these communities. It would have been utterly preventable had Bill C-325 been in place and Sanderson had been indicted for violating the conditions of his parole.

While it is important to minimize the potential harm to our communities, we must still respect the rights of those involved. The law currently provides that federal offenders sentenced to a fixed term of imprisonment be released under supervision when they have served two-thirds of their sentence. Statutory release is a statutory right and not within the Parole Board of Canada's decision-making authority. The conditions on parole that may be violated include a prohibition on communicating with a person, often a victim; being in a specific place; observing a curfew; not possessing a weapon; and not drinking alcohol, among others that may apply to the specific case at hand. Sanderson's parole conditions included a ban on weapons and a ban on alcohol and drugs. As records indicate, he had a history of drug use since the age of 14 and a history of rage and violence against his partner.

Tragedies like this can be prevented. Our justice system should not allow violent offenders to serve their sentences at home. This view is shared by several organizations, all of which support Bill C-325. The president of the Canadian Police Association, the Fraternité des policiers et policières de Montréal, the founder of Montreal's Maison des guerrières, the Fédération des maisons d'hébergement pour femmes, the Murdered or Missing Persons' Families' Association, the Communauté de citoyens et citoyennes en action contre les criminels violents and others have all expressed their support for Bill C-325. Tom Stamatakis, president of the CPA, says, “The Canadian Police Association has long advocated for statutory consequences for offenders who commit new offences while on conditional release, and this proposed legislation is a common-sense solution that effectively targets those very specific offenders.”

The bottom line is that we absolutely need to be doing more to protect our communities and increase public safety. This is not an issue of partisanship, but a shared need for action on a common goal: a safer and better Canada. We were elected here to uphold the principles of peace, order and good government, but we cannot claim that we are doing so if Canadians do not feel safe in their homes and communities. We have a responsibility to our constituents and the regions we serve. They deserve to be safe and protected. We need to bring home safe streets, and this bill would be an excellent stepping stone on the way to doing so.

I hope all my colleagues share this goal of increased public safety and that they vote to support Bill C-325 on its way to committee.

Criminal CodeGovernment Orders

October 4th, 2023 / 4:20 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, this legislation was a needed response to a Supreme Court decision, but I feel it could have gone further. It could have been tighter. There are a number of offences now that will not meet the threshold for inclusion in the registry, and there will be people who should have been included who will not be with the passage of this legislation.

Absolutely what happened with the issue around Bernardo's transfer is a travesty. It should have never happened. A witness came to us in our study on the government's obligation to victims of crime, and she said that in Canada we no longer have a justice system. We have a legal system, but not a justice system. I remember her words because I think of what happened with Bill C-75 to change our bail laws to create a revolving door that puts criminals back out on the streets. I think of the fact that Bill C-5 removed mandatory penalties for serious crimes against individuals. I also think of instances like the transfer that was put in place for Paul Bernardo. The government, by changing legislation, made that transfer inevitable. That is laid completely at the feet of the government. When it changed the law to put in a requirement that minimal holdings be implemented for each prisoner, it made that inevitable.

Absolutely we have a lot of work that needs to be done to protect our communities and to protect victims.

Criminal CodeGovernment Orders

October 4th, 2023 / 4:10 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, I will take this opportunity to congratulate you on your election as Speaker. I would also like to say that I will be splitting my time with the member for Langley—Aldergrove.

The last eight years have not been kind to Canadians, since the Liberal government took power, when it comes to safe streets, safe communities and crime. One only needs to look at the recent StatsCan release to see the drastic increase in crime in this country since 2015. The numbers are absolutely staggering. Total violent crimes are up 39%; homicides are up 43%, up for the fourth year in a row; gang-related homicides are up 108%; violent gun crimes are up 101%, up for the eighth year in a row; aggravated assaults are up 24%; assaults with a weapon are up 61%; sexual assaults are up 71%; and sex crimes against children are up 126%.

That is the context when we look at Bill S-12, an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. That is the context by which we, as parliamentarians, addressing the fear in our communities around crime, around keeping Canadians safe, around protecting victims, look at Bill S-12.

Bill S-12 is due to be passed at all stages by October 28. This is a deadline that was put in place by the Supreme Court, when it gave the government 365 days to get this done, in response to a Supreme Court decision. Yet, here we are, with just 24 days left, to make sure that the national sex offender registry continues to be a critical resource for police to investigate and to prevent crime.

The last time the Liberal government had a court-imposed deadline to respond to decisions, around medical assistance in dying, we ended up, tragically, with a bill that would expand medical assistance in dying to Canadians living with mental illness. The government waited too long and rushed through legislation. That is, again, what is happening here.

I am going to focus my speech on amendments to the Sex Offender Information Registration Act as opposed to changes in the publication bans that were brought forward by our Conservative-led justice committee study on the federal government's obligation to victims of crime.

What is the sex offender registry? Conservatives will always stand up for victims and victims' rights. That leads me to these amendments to the Sex Offender Information Registration Act. The act was established in 2004 to help Canadian police authorities investigate crimes of a sexual nature by requiring the registration of certain information on sex offenders. To help police services investigate crimes of a sexual nature, the sex offender registry contains information such as the address and telephone numbers of offenders, a description of their physical appearance, the nature of the offence committed, and the age and gender of victims, and their relationship to the offender.

At the time, enrolment on the registry was up to the discretion of a judge. That discretion led to significant problems. The public safety committee review of the implementation of the sex offender registry in 2009 found glaring issues. The committee found that only 50% of sex offenders were required to register their information. This was happening for a number of reasons. An official from the Department of Public Safety told the committee at the time that with the pressure of time or workload, Crown attorneys would forget to ask for the order. The committee was also told that the order application rate varies widely by province and by territory. One witness stated that the absence of an automatic inclusion on the registry for all offenders convicted of sexual crimes has led to the inconsistent application of the law across the country.

The committee recommended to the government that the automatic registration of sex offenders would fix these holes in the legislation. In order to be effective, the national registry must be enforced consistently across the country.

I was proud to be part of the Conservative government that passed the Protecting Victims From Sex Offenders Act, introduced in 2010. That legislation passed with the support of all parties. The bill broadened the purpose of the sex offender registry by adding the purpose of helping police prevent crimes of a sexual nature in addition to enabling them to investigate those crimes.

We made sensible changes to strengthen the sex offender registry. For instance, we made registration automatic for convicted sex offenders. Our legislation also added the obligation to report any person ordered to serve an intermittent or conditional sentence. This is even more important today than it was then, because Liberal Bill C-5 now allows conditional sentences for crimes like sexual assault and Liberal Bill C-75 now allows bail to become more easily obtained by individuals charged with serious offences.

Conservatives also brought in the requirement of registered sex offenders to report the name of their employer or the person who engages them on a volunteer basis or retains them, and the type of work they do. Police should be aware if a sex offender is spending any amount of time with or in proximity to potential victims. We made these sensible amendments to the Sex Offender Information Registration Act to protect victims and to prevent crime.

On October 28, 2022, a split decision, five to four, of the Supreme Court found that the mandatory and lifetime registration on the sex offender registry was unconstitutional. The Liberals have simply accepted this decision. We have urged them to respond as forcefully as possible, and Bill S-12 does fall short of that.

I want to read from the dissenting judgment. It was a very strong dissent, in which it says:

...the exercise of discretion was the very problem that prompted Parliament to amend the Criminal Code to provide for automatic registration of sex offenders under the Sex Offender Information Registration Act... The evidence is clear that even low risk sex offenders, relative to the general criminal population, pose a heightened risk to commit another sexual offence.

That heightened risk is, by some counts, eight times the likelihood of someone with a prior conviction to reoffend. That is why incorporating and improving as many offenders as possible in the sex offender registry is so very important. We have seen how this has played out before. When it was left simply to the judges to decide who needs to register with the registry, nearly 50% of offenders were never required to register. This is before we brought in mandatory registration.

Insanity is doing the same thing over and over and expecting different results. We can expect that individuals who certainly should be listed in the registry, even after the passage of Bill S-12, would be left out. We have to take every step to protect Canadians, to protect victims and to ensure that sex offenders are not given the opportunity to revictimize our communities.

After eight years of the Liberal government, the rate of violent crime is up 39%, police-reported sexual assaults are up 71% and sex crimes against children are up 126%. Canadians deserve so much better than this. I can think of no greater obligation for us as members of Parliament to enact laws that protect our communities and protect the safety of the most vulnerable. With legislation like Bill C-75 that has made bail so easy to get, legislation like Bill C-5 that has allowed for house arrest for sex offenders, Conservatives do not trust the government to take the necessary steps to protect Canadians. It has proven an inability to do that.

It is important that we pass Bill S-12, it is important that we respond to the Supreme Court decision and it is important that we go as far as possible to protect the most vulnerable. We look forward to the quick passage of this legislation. It is unfortunate that the government took so long to bring us to this point, but it is also important that we act expeditiously to protect Canadians.

Rob Moore Conservative Fundy Royal, NB

Thank you, Minister.

One thing I would take issue with...and I say this only because, for every witness we've ever had at this committee with regard to safety and restoring justice to our justice system in all the studies we've had, I haven't heard any of them blame the pandemic, as you seem to have just done, for this stratospheric rise in crime in Canada.

What I've heard them blame are policies that were deliberately instituted by your government, such as Bill C-75, which created the catch-and-release or revolving door to our bail system that's putting offenders back on the street, and Bill C-5, which says that if someone commits a sexual assault, they can serve their sentence from their home rather than from a prison as they should.

Minister, would you acknowledge that the measures that have been taken by your government—like Bill C-5 and Bill C-75—also could have an impact on rising rates of crime in Canada?

Criminal CodeGovernment Orders

September 18th, 2023 / 6:45 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.

One thing my colleague has highlighted is the vast nature of the problem we are dealing with when it comes to crime. Whether it be Bill C-5 or Bill C-75 in the former Parliament, the Liberals have really made a mess of the situation. When I think of Bill C-5 and other ways the Liberals have dropped the ball here, I am thinking about sex offenders who are able to serve their sentences on house arrest and serious firearms offenders who, again, can get house arrest. I wonder if my hon. colleague can tell us where he thinks we should go next, especially when we think about how much work there is to be done.

Criminal CodeGovernment Orders

September 18th, 2023 / 6:35 p.m.


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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Madam Speaker, I would like to thank my colleague for showing candour and acknowledging the candour I have shown. However, let us remember what the focus of Bill C-75 and the focus of Bill C-48 are. They are to ensure that we keep Canadians safe. They are to ensure that we put the right legislation in place. Naturally, no legislation is perfect, and we have to make sure that as time comes and as evidence presents itself, we amend the existing laws to ensure that we continue to keep Canadians safe and ensure that our laws are representative of the facts of the day and are strong in protecting Canadians.

Criminal CodeGovernment Orders

September 18th, 2023 / 6:35 p.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, I noted in his speech that toward the end the member did acknowledge that there were shortcomings in Bill C-75, and it was refreshing, because that is about as close as we have come today to hearing that the necessity of Bill C-48 is in large part due to the disaster that the government has been on criminal justice since it came into force. I congratulate him on his candour and thank him for it.

I would ask if he would go a step further and admit that Bill C-75 was a mistake.

Criminal CodeGovernment Orders

September 18th, 2023 / 6:25 p.m.


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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Madam Speaker, it is my pleasure to speak today in support of Bill C-48, an act to amend the Criminal Code, otherwise known as bail reform.

It looks like my intervention is going to come after the unanimous motion that was tabled by the Conservatives and passed by all members of this House. First of all, let me congratulate all parties and all members of the House for passing this bill and getting it to the Senate. It is my desire to see the Senate pass it in an expedited manner as well.

Since the passing of the motion a bit earlier today, a lot of focus has been shifted toward how inadequate Bill C-75 was. It was not a perfect bill, but I can say that it is not as bad as some of my colleagues across the aisle are making it out to be. I think it might not be a bad idea for the sake of Canadians, now that they are reassured that the amendments in Bill C-48 are going to pass, to spend a bit of time trying to understand not only what Bill C-75 was and what some of the challenges were, but also the regime in the bill, which needs a bit of demystification.

I want to start by noting that Canada's bail regime works well, not in all cases but in most cases. However, the government has recognized the growing concerns relating to repeat violent offending and offending involving the use of firearms and other weapons resulting from the recent and horrific acts of violence committed by some individuals while out on bail. This has to do with members of our community: repeat offenders who are out on bail. That issue has to be addressed, and Bill C-48 is addressing it.

Naturally, all Canadians deserve to feel safe where they live and work, during their commute and in the duties they attend to every day of their lives. That is why we have identified problems and are trying to deal with them. The federal government has introduced Bill C-48 in order to address these concerns, promote community safety and reinforce public confidence in the administration of justice.

I am not going to spend a lot of time on the details of Bill C-48, although that was my intent, but I will briefly touch on them. The bill proposes reforms to create a new reverse onus to target repeat offending involving a weapon, add additional firearms offences to the existing reverse onus provisions, broaden the reverse onus targeting repeat offenders of intimate partner violence, clarify what constitutes a prohibition order in an existing reverse onus for offences involving a weapon and require the courts to consider an accused person's history of conviction for violence, and community safety and security concerns, when making any bail decisions.

We have seen examples of violent crimes in communities across our nation. I think colleagues across the aisle raised this to the next level, but the fact is that those offences are happening. I mourn for the families who have lost loved ones through these senseless acts, and I want to assure them that our government cares deeply, not only for them but about protecting public safety. We stand with all Canadians on issues of public safety and their and their families' security. After all, we know that Canada is known as a country of democracy where public safety is at the forefront.

What do safer communities and safety look like? True safety requires both holding criminals to account and attacking crime at its roots to prevent violence from occurring in the first place.

I was glad to hear some of our NDP colleagues actually talk about some of the root causes and how we can address some of them. That was welcome news to me.

Our government believes fervently in both objectives. We will not sensationalize violence. We will not use catchy slogans to argue for draconian measures, and we will lead with evidence-based policies that make a real difference.

My remarks today, as I said, will focus on the core principles that underpin the law of bail in Canada, on clarifying the impact of the former bill, Bill C-75 and on our bail regime, with a very light touch on Bill C-48.

Accused persons are presumed innocent until they are proven guilty of the offence charged, and they have a constitutional right not to be denied reasonable bail without just cause. I highlight "reasonable bail". As such, they must be released on bail unless their detention in custody is required in order to ensure their attendance in court; for the protection or safety of the public, including any victim or witness of the offence; or to maintain public confidence in the administration of justice. There are fundamentals in place. I just highlighted the conditions that need to be considered when an individual is requesting bail, and these conditions are reviewed by the judge.

Accused persons who are released on bail may be subject to release conditions linked to the accused's risk related to the three statutory grounds for the detention I just mentioned. For example, the court can impose, and I emphasize this, any reasonable condition that it considers desirable or necessary to ensure the safety and security of any victims or witnesses to the offence. The point here is that the law is there and the court is empowered through the law to be able to consider the safety and the security of the victim and the witnesses and also assess the risk.

Such conditions could include that the accused remain in a specified territorial jurisdiction, abstain from communicating with any victim or witness to the offence, abstain from going to a specific place or geographical area, or deposit their passport as specified in the order. Once again, as we see, the guidelines are clear. The tools have been given to our justice system to be able to find that fine balance between doing the right thing and ensuring that we protect the community.

I will close by referring to some of the decisions that were made in the past. In the St-Cloud decision from 2015, the Supreme Court emphasized that, in Canadian law, the release of an accused person is the cardinal rule and detention is the exception. In its 2017 decision in Antic and its 2020 decision in Zora, the Supreme Court held that for most alleged crimes there should be release on bail at the earliest reasonable opportunity, with minimal conditions.

I am bringing up these three cases because we are trying to say that although Bill C-75 was not a perfect solution, and hence we have Bill C-48, we will see that fine balance, that it protects the rights of individuals in the Charter and that it allows them to benefit from the opportunity of receiving bail if they are a first-time offender and the crime is not extensive. However, all of the tools are provided to the justice system and to the bail law to ensure that repeat offenders can be punished.

Criminal CodeGovernment Orders

September 18th, 2023 / 6:20 p.m.


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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, I send my congratulations to our colleague across the way for his promotion.

In light of the government's record of being crime rate deniers, it is a relief to see it reversing one of the many measures implemented in Bill C-75, but I was particularly interested in the aspect of firearms making the potential for bail even more unlikely.

Specifically, on October 31 of this year, tens of thousands of people across Canada are going to become paper criminals because they have not handed in their AR-15, although they legally own them. Because these violations involve a firearm and it is a criminal offence, I am wondering where they are going to put all the tens of thousands of people who become criminals on October 31 because they legally own an AR-15.

Criminal CodeGovernment Orders

September 18th, 2023 / 5:55 p.m.


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Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, let me first echo the comments of the Leader of the Opposition in response to the news earlier today and offer my sincerest condolences to the family of Hardeep Singh Nijjar, who was murdered near my home in Surrey.

Crime, chaos and disorder is the Prime Minister's legacy after eight years. This is the direct result of his dangerous soft-on-crime policies. Canadians' lives and sense of security are being destroyed in record numbers by criminals who should never have been out roaming the streets in the first place. Canadians are not feeling safe in their communities, on public transit, at public events or in coffee shops. They are rightly worried that they may be the next victim of the Prime Minister's crime wave.

The government's own statistics illustrate a stark reality. Violent crime has gone up 39%. Gang-related homicides are up 108%. Sex crimes against children are up 126%. Gun crime has increased every year and is up over 100% since 2015. The Prime Minister's response is to go after law-abiding hunters.

Across the country, murders are up 43%, the highest rate in 30 years. In Vancouver alone, murders have gone up 55%, and firearms-related offences are up 22%. In the last seven months alone, eight police officers were killed in the line of duty. There were eight in seven months. These statistics are alarming. We in the federal government, charged with national security, can never forget that they are more than statistics. These are real crimes happening to real people, with devastating consequences.

There are commuters carjacked at gunpoint, students lit on fire on the bus, teenagers stabbed at the subway and executions in the street, parking lots and driveways. This crime wave is a direct result of Liberal legislation passed, which was sponsored by the most radical minister of justice in Canadian history, the member for LaSalle—Émard—Verdun. His bill broke the bail system. Where is he now? He is no longer in cabinet. Under his bill, Bill C-75, the catch-and-release act, violent offenders are arrested, then released on a promise that they will appear in court. They then commit another offence within hours. They have time and opportunity to commit crimes literally morning, afternoon and evening.

Take Vancouver, for example. As my colleague just mentioned, the same 40 offenders were arrested 6,000 times in a single year. That is 150 arrests each. Last year in Toronto, there were 17 gun-related murders committed by violent criminals out on bail. This summer in Edmonton, a father of seven children was stabbed in the chest, murdered at a transit station. Again, the accused was out on bail. The crime wave is evident in B.C. as it is elsewhere. In Surrey last April, a 17-year-old boy named Ethan Bespflug was stabbed and killed on a bus. A few days later, a young man was stabbed on the SkyTrain. In August, a man was shot in the face at a Surrey bus stop.

Recently, at Vancouver's Light Up Chinatown! festival, meant to bring the community together, a man who previously had murdered his teenage daughter by stabbing her stabbed three people. Last Thursday, Vancouver police arrested a man for four assaults committed in the span of 45 minutes. He used a chain and a concrete block.

One of the most horrific incidents in downtown Vancouver was last March. It was videotaped and shown on social media. A man standing outside a Starbucks was brutally and senselessly attacked, stabbed to death in front of his wife and daughter in broad daylight. We are talking about mothers and fathers, sons and daughters, brothers and sisters, friends and neighbours.

Sadly, the urgency of this crime wave seems to be lost on the new Minister of Justice. Just days after he was sworn in, he said, “'I think that empirically it's unlikely” Canada is becoming less safe. He is in complete denial of the dangerous reality on the streets. He is telling victims of crime and Canadians who are rightly concerned, many living every day in fear, that it is all in their heads. Even by Liberal standards this was a ridiculous statement. Frankly, he should apologize for it.

For Liberal elites in their ivory towers, understanding the reality Canadians are facing in our communities is a difficult concept. I am pleased to see that the Liberals have finally woken up and are paying some attention to the heinous violence committed by criminals on bail. They should be listening to the experience of frontline law enforcement officers.

Constable Shaelyn Yang was tragically and senselessly stabbed to death while on duty by a man who was arrested for assault and out on bail on the condition that he would appear in court. He failed to appear. A warrant was issued for his rearrest, and when Constable Yang found him living in a park in Burnaby, he murdered her.

The case of Constable Yang is sadly not isolated. Last December, Constable Greg Pierzchala was shot and killed in the line of duty. The accused was out on bail, had a lengthy criminal record, including assaulting a peace officer, and was the subject of a lifetime firearm prohibition. Did I mention that he was shot?

Following this despicable murder, all 13 premiers wrote a joint letter to the Prime Minister demanding urgent action. Finally, after public blowback, the united call for change from the premiers and fierce criticism in the House from the Conservatives, the Liberals have admitted that they broke the bail system.

Today the Liberals have brought forward Bill C-48. We should all support this bill because it imposes a reverse onus on certain firearms offences and requires courts to consider the violent history of an accused. This is the reason the Conservatives asked for unanimous consent to pass this bill today. The NDP initially denied consent but has since agreed with the Conservatives that this bill should be passed today at all stages.

It is our view that Bill C-48 is a good start but still falls short, and a Conservative government will take steps to strengthen it. The legislation in its current form ignores several key recommendations put forward by the premiers, including the creation of a definition within the Criminal Code for serious prolific offenders and to initiate a thorough review of Canada's bail system.

Under Bill C-48, the accused killer of OPP Constable Pierzchala and countless other repeat violent offenders would have still been released back into the community. Under pressure from the Conservatives, the Liberals have now proposed a partial fix to an obviously broken bail system. The Conservatives can be counted on to fight for common-sense, thorough and meaningful improvements when we form government. It remains doubtful that the dangerous NDP-Liberal coalition will ever put the rights of victims ahead of the rights of criminals.

Last year, this coalition passed Bill C-5, removing mandatory prison time for serious crimes, including robbery with a firearm, extortion with a firearm, discharging a firearm with intent, drug trafficking and the production of heroin, crystal meth or fentanyl. Bill C-5 also expanded the use of house arrest for several offences, including criminal harassment, kidnapping and sexual assault.

Thanks to NDP and Liberal MPs, those who commit sexual assault can serve their sentence at home in the same community as their victim. Think about that. The Liberals and the NDP would rather be on the side of violent men than their female victims. There is perhaps no greater example of this than the case of Paul Bernardo, a notorious serial rapist and killer of teenage girls. The Liberals allowed that monster to be transferred out of maximum security and into medium security over the objections of the victims' families. We brought a motion to the House calling for Bernardo to be returned to maximum security but Liberal members denied consent.

All of this is proof that the Liberal Party and its partners in the NDP cannot be counted on to protect victims or to restore safe streets. For that, we need a change in government. A common-sense Conservative government will bring home desperately needed safety to our streets, and we will do it by ensuring that prolific offenders remain behind bars while awaiting trial. The days of catch and release will be over.

After eight years, crime, chaos and disorder in our streets is the new normal. It should never be normal. Conservatives know we have a lot of work ahead, but we will fix our broken bail system and bring back safety to our communities.

Criminal CodeGovernment Orders

September 18th, 2023 / 5:50 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.

One of the things my hon. colleague highlighted is the fact that what we are dealing with is really a small piece of the overall crime pie. The pie itself, and the difficulty that we are in, really lies with the Liberal Party, whether it be Bill C-75 from the last Parliament, Bill C-21 or Bill C-5. We now have sexual offenders or people who have committed serious gun crimes who can serve their sentence from the comfort of their home.

I would ask my hon. colleague this: How much further do we need to go, and is this going to help in a meaningful and significant way?

Criminal CodeGovernment Orders

September 18th, 2023 / 5:40 p.m.


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Conservative

Melissa Lantsman Conservative Thornhill, ON

Madam Speaker, I am going to split my time with the hon. opposition whip.

I know that we are at the point where we are going to pass this legislation, but I must put on the record that we do not believe that this is enough.

I will start with this question: How did we get here? After eight years of the Liberal government, we often ask this. The problem is almost always worse, and the answers are never satisfactory. The Liberals allocate blame to everyone and everything else. They are always claiming that it is outside of the government's control. The excuses are near endless, and either the policy prescriptions are absent in their entirety or they lack basic common sense.

Are crime rates up, or do we just think they are up when everything is actually fine? The justice minister in the Liberal government believes that Canadians simply think it is worse, even though crime is, in fact, getting worse. He basically says that it is all in their head.

Let us play back the tape, because two days after the new justice minister replaced the last one, he actually said this when asked if the country was less safe than it was before: “I think that empirically it's unlikely.... But I think there's a sense coming out of the pandemic that people’s safety is more in jeopardy.” That is a direct quote.

The reason people believe that safety is in jeopardy is because of the very fact that this country is less safe, and this is backed up by empirical evidence. The overall crime severity index was up 4.3% from 2021-2022, while the violent crime severity index was up 4.6% compared to the year earlier. Since the Liberals took office in 2015, the violent crime severity index has gone up 30%. Youth crime has risen by 17.8% in a single year.

The evidence is not hard to find. These numbers are from Stats Canada. They are the government's own statistics. In fact, Stats Canada said that the overall crime rate may be resuming an upward trend that was interrupted by the pandemic because of lockdowns and other government measures. This is what the latest data indicates. Somebody should let the minister know.

In Toronto, major crime is up this year by more than 20% since last year. Their cops are saying that; it is not us. That means more assaults, thefts, sexual violence and break and enters. Last year, I documented some of what was happening on Toronto's public transit. Public transit used to be an option for many in my community, until those who could do so simply opted out; those who cannot opt out have reason to feel unsafe, because what is happening on public transit in Toronto is unacceptable.

Here is a review from the last full year on record for the very city that the new justice minister represents. I will start with February 9 of last year. A TTC employee was randomly stabbed at Dupont station while just trying to do his job. One week later, a TTC bus driver was stabbed at Keele and Lawrence. Just over a month after that, a TTC operator was assaulted by six people in a swarming attack. In April, a man was shot dead on the TTC, this time at Sherbourne station, and 12 days later, another man was randomly stabbed at St. George station. That same month, a woman narrowly survived after being pushed onto the tracks. Less than a month later, a 12-year-old girl was sexually assaulted while riding a bus. Then in June, we all read the horrible story of a woman who was set on fire at a subway station. She later succumbed to her injuries.

This violence is already unconscionable, and we are only halfway through last year. In July, a man was assaulted while two men committed robbery at Don Mills station. The next month, a woman was the victim of a random assault at Sheppard-Yonge station. In October, a man fell asleep on the TTC and was assaulted and robbed. Just a few days later, a woman was stalked when she got off a bus in Scarborough; she was sexually assaulted. Then in December, things started to get worse.

On December 8 of last year, two people were randomly stabbed at High Park station, with one woman dying from her wounds. Two days after that, a TTC operator in Etobicoke was assaulted and robbed. In the same month, a woman was arrested for allegedly assaulting six different people on the subway.

In a separate string of incidents, a man allegedly sexually assaulted and exposed himself to multiple TTC riders. Toward the end of the month, an 81-year-old woman was left with a concussion after being assaulted on our city's transit system.

It is the fall of 2023, and the violence still has not abated. In fact, it has gotten worse, which is what the empirical evidence also says. It is not in anyone's head. Now, these are not all repeat violent offenders, but many are. However, my point is that the new justice minister ought to go outside, because this is happening in our own neighbourhood.

I will go back to my original questions: How did we get here? How did it get so bad?

In 2019, with Bill C-75, the Liberal government eased access to bail considerably. Bill C-75 legislated the principle of restraint concerning bail for police and courts to ensure that release at the earliest opportunity is favoured over detention. The principle of restraint is a linchpin that supports a catch-and-release justice system. This is clear in the numbers and the pressure on the federal government to fix issues with the bail system. It had no options. This is where we are at now. What Conservatives said would happen at the time is happening all over the country, including in the city where the justice minister and I both come from. Repeat violent offenders became the unintended consequence of changes to the bail law in 2019, which made it difficult to hold violent offenders in pretrial custody.

First, there was pressure that came from provincial and territorial justice ministers. Then, in December 2022, as members might remember, there was the murder of OPP Constable Greg Pierzchala. He was shot and killed by a 25-year-old who was out on bail. This shocked us all. The killer had a lengthy criminal record, including assaulting a peace officer, and he was subject to a lifetime firearms prohibition. Then, 13 premiers sent a letter to the Prime Minister calling on the Liberals to reverse their catch-and-release policies in order to protect the public, as well as first responders. The justice committee of the House also heard witness after witness calling for changes to the bail system. Witnesses from law enforcement to victim services and municipal leaders right across the board all said the same thing. In the face of random violent attacks committed by repeat offenders out on bail, the government is now touting this long-awaited plan to address the catch-and-release justice system it has enabled and overseen until it could no longer ignore the pressure and the evidence.

The bill before us would add the reverse onus provision for just four firearms offences and for individuals previously charged with intimate partner violence facing similar charges. This is not going to reverse the disastrous course that I just talked about in our own city. I do not know how to say this nicely, but it is not going to work. The Criminal Code amendments in Bill C-48 are only a tiny step to reversing the damage that the Liberals have done in masquerading as the be-all and end-all solution to the danger and the chaos unleashed on our neighbourhoods. It is hardly a solution.

The bill is very specific about what it considers violence, but it is not specific in a helpful way. To qualify for the new reverse onus provision, the suspect has to be charged with a crime involving violence and the use of a weapon, and their record over the last year has to have the same conviction in it. Therefore, it would not apply if a person committed a crime with their hands, if a person repeated a property crime that put somebody in danger, or if a person's second crime did not use a weapon but the first one did, or vice versa. One starts to get the picture.

The system has become accustomed to immediate bail for violent offenders. If the Liberals are going to showboat about an eight-page bill that would change the structure of bail hearings, they might want to ensure that there is something that would ultimately result in a prescription for judges to make different decisions in the face of this system. There is nothing in here that would change that, so it would not end the catch-and-release policies that were initiated by Bill C-75. The bill before us would not even have restricted bail for the accused killer of Officer Greg Pierzchala, which is one of the very obvious cases that led the government to be forced into admitting failure and presenting Bill C-48. The question is this: Why not fix it?

I hope that the Liberals go back to the drawing board and actually solve for the problem, which is backed by empirical evidence in every single one of our communities right across the country. It is not in the heads of Canadians; violent crime is a problem, and these guys are not the solution.

Criminal CodeGovernment Orders

September 18th, 2023 / 5:30 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

I know.

Madam Speaker, I would now like to turn to Bill C-75, which has been the subject of much debate recently. My thanks to the hon. member from Calgary.

Hon. members may recall that the former Bill C-75 made the most recent set of amendments to the bail regime, amendments that were informed by extensive consultation with the provinces and territories and that were debated and voted on in Parliament.

The former Bill C-75 did not change the law on bail. It codified binding Supreme Court of Canada decisions and sought to reduce the number of accused persons in pretrial custody for low level, non-violent offences. It also enacted a reverse onus for accused persons charged with an offence and involving intimate partner violence if they have a prior conviction for violence against an intimate partner. This amendment effectively made it harder for those accused of repeat intimate partner violence, or IPV, to obtain bail. This bill would again strengthen this reverse onus by ensuring that it applies not only to previously convicted persons, but also to those previously discharged of an IPV-related offence. Offenders who are discharged of an offence are found guilty but are not convicted, in appropriate circumstances, in order to avoid the implications of having a criminal conviction. Again, it is so important that intimate partner violence be reduced in Canada. We know that every year countless numbers of women are killed by their partners and we must put a stop to it with all the tools we have available. Through Bill C-48, we are acting on that.

I am going to take a moment to remind hon. members of the systemic discrimination inherent in Canada's criminal justice system. In developing Bill C-48, the federal government was mindful of the potential impacts on indigenous people, Black persons and members of all vulnerable groups, such as accused persons facing mental health or substance abuse challenges who are already overrepresented in pretrial custody. That is why this bill proposes targeted amendments to the bail regime and addresses violent offending specifically.

Any reform to the current bail regime must seek to promote community safety and reinforce public confidence in Canada's bail system, while also considering and attenuating any potential disproportionate or negative impacts on these groups.

Ministers of justice and public safety across the country have agreed that both legislative and non-legislative action is required to ensure that our bail system operates as intended. We know from key stakeholders that enhancing public safety requires non-legislative solutions such as improving reintegration programming, allocating our resources to community-based bail supervision and enforcing bail conditions. I am pleased to see that all levels of government are stepping up to take action within their respective areas of responsibility.

In conclusion, I firmly believe that Bill C-48 as a direct action taken at the federal level strikes the appropriate balance in promoting community safety, reinforcing public confidence in how Canada's bail system deals with repeat violent offenders and in respecting the Charter of Rights. I am glad to see that all members have come together to pass this bill with unanimous consent.

Criminal CodeGovernment Orders

September 18th, 2023 / 5:10 p.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, of course we all stand behind the age-old principle of the presumption of innocence and the right to reasonable bail. However, I am going to talk again about the 40 people who have been responsible for 6,000 interactions with the police, which is 150, on average, per person. At some point, perhaps they lose their right to be free on bail.

The problem with Bill C-75 is that it gutted the court's ability to punish people who breached bail conditions, which is why people keep coming back time and time again with no consequences. The public is losing confidence in the criminal justice system because of that revolving door insanity.

Criminal CodeGovernment Orders

September 18th, 2023 / 5:05 p.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, I agree with my colleague completely.

The problem with Bill C-75 is that it favoured the criminal and did not find the right balance between the rights of the accused and public safety. Also, there is the perception that the public has in the fairness of our criminal justice system, which is the problem.

In Vancouver, and this stat has been mentioned a number of times, 40 people were responsible for 6,000 negative interactions with the police. This is just a revolving door. This is insanity. This needs to be fixed.

Bill C-75 caused that problem. Bill C-48 is a step in the right direction, but it would not solve the underlying problems.

Criminal CodeGovernment Orders

September 18th, 2023 / 5:05 p.m.


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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, I want to thank my colleague for his great intervention on bail reform.

With the Liberal's Bill C-75, which was soft on crime, they allowed so many criminals back on the street. They went back so far in time that they actually reversed a lot of the bail requirements for things such as committing a crime with a firearm, which started under Pierre Elliott Trudeau. They even undid things that were done on mandatory minimums going back to the Liberal era of the seventies and eighties.

I would ask my colleague if he really believes that, because of Liberal ideology in Bill C-75, the hug-a-thug approach, it has ultimately resulted in what we have today with an increase in violent crime of over 32%. The city of Winnipeg, where I come from, is now one of the most dangerous cities in all of North America. It all has to do with the bail reform, and how the Liberals have always stood up for the criminal and never stood up for the victim. It is time for jail and not bail.

Criminal CodeGovernment Orders

September 18th, 2023 / 4:55 p.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, Canada's criminal justice system is broken.

Earlier this year, Leger, a polling company, polled Canadians on how they feel about public safety in this country. A significant majority, two-thirds, feel that they are now less safe than they were before the COVID-19 pandemic, and most Canadians think that provincial and federal governments are doing a poor job of addressing crime and public safety.

Another shocking statistic comes out of British Columbia. In B.C., people charged with violent crime committed while on bail pending trial on previous charges are released on bail again 75% of the time. That statistic comes from a recent review on bail hearings done internally in British Columbia the last couple of weeks of 2022 and the first few weeks of 2023.

The B.C. Prosecution Service, the crown prosecutors, asks for pretrial detention, but the judges deny that, so the accused are again free to go out and commit another crime. We have been hearing too much of that.

Public safety is taking a back seat to the rights of the accused. However, let us not blame judges. They are bound by the law. One B.C. mayor, the mayor of Nanaimo, who is a former provincial NDP cabinet minister, was quoted in The Globe and Mail in April: “The judges are applying the law as it exists.... The law needs to be changed. It diminishes public safety and destroys public confidence in the justice system. This needs to be fixed, yesterday.”

Unfortunately our new Minister of Justice does not have that same sense of urgency when it comes to bail reform. Shortly after being appointed to his new position, he acknowledged the obvious saying, “there's a sense coming out of the pandemic that people’s safety is more in jeopardy.” He then added that he thought “that empirically it's unlikely” Canada is becoming less safe.

Our Minister of Justice has his head in the sand. Other law enforcement agencies are doing what they can to face the crisis in confidence in our criminal justice system and public safety. For example, the British Columbia government has directed their prosecution service to push for more restrictive bail conditions in cases where public safety is at stake.

However, these efforts are being blunted by the federal Liberal government's legislation, which requires judges to release detainees at the earliest possible opportunity and on the least onerous conditions. That catch-and-release bail system thinking, which needs to be fixed, is based on Bill C-75, legislation from the 42nd Parliament, passed just before the House rose for the summer four years ago, in June 2019.

It is poorly thought-out legislation. It is the Liberal government's response to its understanding of what the Supreme Court of Canada said in a series of cases about defending and protecting the rights of accused people to reasonable bail and the presumption of innocence. It is poorly thought-out legislation.

What is the result of Bill C-75 four years later? Is it general support for this catch-and-release? Absolutely not at all. As a matter of fact, we have a letter signed by 10 provincial premiers and three territorial premiers, from all political parties, unanimously telling the Prime Minister that our bail system is broken and that it needs to be reformed and fixed urgently.

The premiers are hearing from their citizens and reacting to deep concerns from the public about the perception that the criminal justice system favours the accused at the cost of the public. Here is what the premiers said: “We write to urge that the federal government take immediate action to strengthen Canada’s bail system to better protect the public and Canada’s heroic first responders.”

That letter was initiated at a meeting of the attorneys general from across the country in October 2022. It asks for reverse onus. They are saying reverse onus for repeat violent offenders would be one way to fix our criminal justice system. Reverse onus ostensibly makes it more difficult for an accused person to be let out on bail. They said, “This is just one proposal for much-needed reform”.

They are asking for general reform of the bail system. Certainly, the police services and the people I talked to across the country over the summer have been saying the same thing.

Between the time of the meeting and the writing of the letter in January, there was another tragic event in Canada that underlies the need for urgent bail reform. OPP officer Greg Pierzchala was shot down and was killed. He did not make it home after his shift on December 27, 2022. He was responding to a traffic call. He did not stand a chance. They opened fire on him, and he died on the scene.

His boss, OPP commissioner Thomas Carrique, stated that one of the two people who were charged with his murder was out on bail at the time. He had been banned from owning any firearms for life since 2018. Three years later, that same person was charged with several firearms-related offences and assaulting a police officer.

He was released on bail on a number of conditions, including remaining in his residence under his mother's care, not possessing firearms and wearing a GPS ankle bracelet, which he somehow removed. His trial date was set for September 22, but he failed to appear. There was a warrant for his arrest.

At the justice committee, when we were studying this, we had chief of police Darren Montour of the Six Nations Police Service, which was charged with supervising this killer's bail conditions. One witness had this to say: “What we've seen with the increased release of people on bail conditions is effectively a downloading to the police services of jurisdiction to become professional babysitters”. Darren Montour added, “We don't have the manpower or resources to do that.”

Commissioner Carrique of the OPP said at a press conference, “Needless to say, the murder of Const. Greg was preventable. This should have never happened. Something needs to change. Our police officers, your police officers, my police officers, the public deserve to be safeguarded against violent offenders who are charge with firearms-related offences”.

Premier Doug Ford, shortly thereafter, said, “OPP Commissioner Carrique's comments on the tragic killing of Constable Grzegorz Pierzchala is the latest plea for the federal government to address the revolving door of violent criminals caused by our country's failed bail system...Too many innocent people have lost their lives at the hands of dangerous criminals who should have been behind bars — not on our streets. Enough is enough.”

I agree with that, as does the vast majority of Canadians.

That is why we are here today debating Bill C-48, an act to amend the Criminal Code on bail reform. This is the government's response to concerns expressed by many Canadians, including the premiers. The premiers' letter captures the public perception, what we have all been hearing on the ground, but let us now see whether Bill C-48 captures that same mood.

There are a number of preambles in the introduction of this legislation. I am just going to read two of them that I think are informative. The fourth one reads, “Whereas a proper functioning bail system is necessary to maintain confidence in the criminal justice system, including in the administration of justice”. I agree with that.

The eighth paragraph in the preamble says, “And whereas confidence in the administration of justice is eroded in cases when accused persons are released on bail while their detention is justified”.

I would say that this sounds good. This is certainly a step in the right direction. This is a recognition that Parliament needs to find a balance between the rights of the accused and the protection of the public.

What would Bill C-48 actually do? It would introduce a reverse onus for serious offences, with serious offences defined as an accused person being charged within the last five years on something that would have had a 10-year sentence. However, I think the bill is too narrow. I do not think this legislation addresses all the concerns that we are hearing from the public, and more work needs to be done.

Criminal CodeGovernment Orders

September 18th, 2023 / 4:25 p.m.


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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, it is a pleasure to rise on this first day of the new parliamentary session.

I would start by saying that the role of debate is to separate the wheat from the chaff, to use our experience, intelligence, discretion and insight to pinpoint what is really going on as opposed to what we think is going on, which can be influenced by the rush to easy assumptions and various biases, personal and societal, and so on.

The point of intelligent and informed debate, that is, of reasoned democratic discourse, is to safeguard against the kind of populism that appeals to simple intuition or, to use the new Conservative code word, simple common sense. Common sense sounds so right, so good. Who could object to it? Common sense is a deceptively appealing slogan, but there is a difference between common sense and good sense.

There is a distinction to be made between good sense and common sense. Good sense that is thoughtful, nuanced and based on facts and rigorous analysis is an excellent thing. On the other hand, what is referred to as “common sense” can be reductionist and simplistic, a populist trope designed to get the public to buy into easy solutions that serve narrow ideologies and well-established political agendas.

“Common sense” is a catchphrase that seeks to oversimplify and to get the buy-in of the public for simple solutions to complex problems, solutions that are not always the best but that serve an ideological agenda like cost cutting or rolling back environmental protections. I believe there is such a thing as collective wisdom that offers up time-tested notions, like the difference between good and evil, the need for caution in the face of too much rapid change or the value of preserving order in society. However, age-old collective wisdom cannot always guide us in dealing with technically and legally complex matters of contemporary public policy. So-called common sense can be off the mark.

So-called common sense can lead us down the wrong path. It can actually lead us right off the road.

With respect to bail reform, this seems to be the Conservative common-sense approach or belief: Those apprehended and accused of a crime are guilty and therefore should remain in jail while awaiting trial. However, in our justice system, the product of centuries of accumulated wisdom and reason, in law one is, thankfully, innocent until proven guilty.

Traditional small c conservatives are supposed to put faith in accumulated wisdom and the organic evolution of thought, laws and institutions, as opposed to promoting reactive solutions. Canada's bail system is the product of English common law dating back hundreds of years.

Let me be clear: One murder because someone is out on bail who should not have been is one death too many. It is a tragedy and we should not stand for it. There is not a single person in this House who disagrees. However, to claim, as the opposition does daily, that the streets are being overrun by murderers on automatic bail in a revolving-door justice system is, I believe, demagoguery.

How does the bail system work, versus the opposition's truncated version of it? Namely, it is up to police and prosecutors in provincial jurisdiction to make the case against granting bail to an individual. In other words, the onus is on the state to justify why someone who has not yet been found guilty should have to remain behind bars while awaiting trial. However, something not generally understood is that when it comes to charges of murder and certain other offences, the onus is actually reversed. The accused must convince the court why they should be released while awaiting trial.

In 2019, Parliament adopted Bill C-75, which extended the reverse onus to repeat offenders charged with an offence against an intimate partner, or what we call intimate partner violence. Again, this will be news to many listening today. The burden of proof is also on the accused for certain firearms offences, including weapons trafficking, possession for the purpose of weapons trafficking, illegal importation or exportation of a weapon, discharging a firearm with intent, discharging a firearm with recklessness and the following offences committed with a firearm: attempted murder, sexual assault, aggravated sexual assault, kidnapping, hostage-taking, robbery and extortion. Again, that is a far cry from a revolving door. Furthermore, the law is already clear that detention without bail is justified when deemed necessary by a judge to protect the safety of the public.

When someone is granted bail, they typically are required to have a surety, that is, one or more people who commit to supervising the behaviour of the accused and who will pay a certain sum if the accused breaches their bail conditions. There are many reasons bail can be denied: the accused has a criminal record or failed to comply with past bail conditions; or, as mentioned, the accused is thought to pose a risk to the public; or the accused lacks a surety or place to live, which is a problem that more often afflicts members of disadvantaged groups.

Here is a news flash that will come as a surprise to many people listening today: In 2020, 77% of people in Ontario's jails were in custody awaiting trial. In other words, we are not a lenient country, contrary to the Conservative populist narrative. To quote Queen's University professor Nicole Myers, “We've had more people in pretrial detention than in sentence provincial custody since 2004.”

All that said, we do need bail reform, and Liberals are reformers by nature.

How do we reconcile the need to protect the public while at the same time preserving the central tenet of our criminal justice system, which is “innocent until proven guilty”? The answer is Bill C-48. The bill would add a reverse onus for an accused person charged with a serious offence involving violence that was used, threatened or attempted, and the use of a weapon such as a knife, where the person was previously convicted, namely within the previous five years. This makes sense because a previous offence is an indication of risk. A serious offence would be defined as an offence carrying a maximum sentence of 10 years' imprisonment, such as assault causing bodily harm and assault with a weapon.

The bill also expands the list of firearms offences that would trigger a reverse onus. These offences include unlawful possession of a loaded or easily loaded prohibited or restricted firearm, breaking or entering to steal a firearm, robbery to steal a firearm and making an automatic firearm. Currently, there is a reverse onus when the person is subject to a weapons prohibition order and violates it. The new law would clarify to include prohibition orders made at bail.

Bill C-48 would also broaden the reverse onus for repeat offenders of intimate partner violence to those who have received a discharge under section 730 of the Criminal Code, or, in other words, where the offence no longer appears on a criminal record.

Finally, Bill C-48 would require courts to consider an accused person's history of convictions for violence as well as concern for community safety. As OPP commissioner Thomas Carrique told The Globe and Mail recently, the changes in Bill C-48 “go a long way to help eliminate and prevent harm and senseless tragedies in our communities”.

We need to keep in mind that indigenous people are denied bail more often than others, while Black people in Ontario spend longer in custody while awaiting trial than white people for the same offences. This is because courts use police reports to decide on bail, and police reports can contain racial bias. Another reason is that members of disadvantaged groups often have trouble finding sureties or bail money. It is worth noting that the longer someone is detained without bail, the greater the probability of a plea bargain or that the person will plead guilty despite having a viable defence. Either way, justice is compromised.

Under the Charter of Rights and Freedoms, accused persons in Canada have the right to bail unless there is a very compelling reason to keep them in custody. This is constitutional law, whether Conservatives like it or not.

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September 18th, 2023 / 4:20 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, some of the reverse onus provisions in this bill apply only to violent offences with a weapon. I wonder why the government did not include other violent offences where a weapon was not used. Does the member believe that these crimes are less serious? Conservatives have been calling for a total repeal of Bill C-75. Why did the government not do that?

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September 18th, 2023 / 12:55 p.m.


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Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, yes I was. In fact, I would have undone the Liberal bail law in Bill C-75 six years ago, the day it was passed.

Not only did the minister go on vacation before addressing bail, but he also went to a radio station and claimed that we were holding up the reversal of Liberal bail policy. He thought no one would find out about this. In fact, he was on vacation and had allowed Parliament to rise without bail reform occurring in the first place. Let us not forget that what little good this bill would do is just undoing the damage his party already did.

Finally, I would ask the minister to stand in his place and apologize to Canadians for trying to gaslight them and tell them that rising crime is just a perception issue. I have given him all the data published by his own government, which shows that violent crime has raged out of control after eight years under the Prime Minister. These are data points. These are facts. Will he admit it and apologize for gaslighting Canadians?

Criminal CodeGovernment Orders

September 18th, 2023 / 12:45 p.m.


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Carleton Ontario

Conservative

Pierre Poilievre ConservativeLeader of the Opposition

Mr. Speaker, after eight years of this Prime Minister, the cost of living is going up because of an inflationary tax that the Bloc supports and that they want to drastically increase. The cost of living is also going up because of inflationary deficits.

It no longer pays to work and the cost of housing has doubled. The desperation that these policies have caused is leading to a crisis of homelessness, drug use and crime. That is the situation after eight years of this Prime Minister.

Today, we are rising in the House of Commons to talk about the utter chaos that the Prime Minister has unleashed on our streets with his changes to the bail system. He introduced Bill C-75, which was passed. That law allows criminals who have been charged dozens of times to be released on the very day they are arrested.

That bill was supported by the Bloc. Yes, voting for the Bloc is not worth the cost. A vote for the Bloc is a vote for Liberal policies that cause crime in our streets. What are the consequences of that Liberal-Bloc policy?

After eight years of this Prime Minister, violent crime has increased by 39% and homicides by 43%. Gang-related homicides are up 108%. Gun crime is up 101%. I will stop there for now. The Prime Minister thinks that fighting gun crime means banning hunters’ weapons. He stated in his comments that he wanted to ban firearms that are used for hunting. That is what he proposed in Bill C-21, to which he added 300 pages containing the list of hunting weapons he wanted to ban.

The Bloc Québécois was beyond happy, it was ecstatic. The Bloc said it wanted to adopt that list and that it had been waiting many years for this major ban on hunting weapons. Now the Bloc leader is trying to do an about-face, trying to make the people in Quebec's regions forget that the Bloc betrayed them with its agenda of banning hunting weapons. The Bloc Québécois also voted in favour of a law that allows criminals who use firearms to commit violent acts to return to our streets on the day they are arrested.

That approach did not work. We Conservatives will protect hunters and put the real criminals in prison. We will allocate resources to the border to prevent weapons from entering the country illegally from the United States.

Moreover, we see that assault causing bodily harm has increased 61%. Sex crimes against children increased 126% after eight years of this Prime Minister. Car thefts increased 34% after eight years of this Prime Minister.

This is the record of this government’s approach of freeing the most violent criminals while banning hunting weapons. This does not actually work. It does not make sense. That is why the Conservative Party is the only party in the House of Commons that had the common sense to oppose this and stand up for the rights of hunters. We are going to put criminals in prison and protect law-abiding citizens.

We know that the Conservative approach works, because when we were in power the crime rate decreased by 26%. We targeted the most violent and vicious criminals and made sure that repeat offenders were sent to prison. All the other parties said that this would increase the prison population. In fact, the number of prisoners decreased by 4.3%. There were fewer people in prison and less crime on our streets. In addition, we were able to eliminate the gun registry to protect our hunters.

Our approach works because by targeting the most violent criminals and denying their release to prevent them from committing the same crimes again, we can protect society and deter crime by others. We will take that common-sense approach again when I am prime minister of Canada.

Today, we have a bill that partly reverses the damage that the Prime Minister has caused. We all know that after eight years of the Prime Minister, life costs more, work does not pay, housing costs have doubled, and crime, chaos, drugs and disorder are common in our streets. We know that his policy of freeing repeat violent offenders the same day they are arrested came to us in Bill C-75, supported by both Liberals and their coalition partners. In fact, the NDP wanted to go even further.

What are the consequences of their catch-and-release policy? Violent crime is up 39%. Homicide is up 43%. Gang killings are up 108%. Aggravated assault is up 24%. Assault with a weapon causing bodily harm is up 61% increase. Sexual assault is up 71%. Sex crimes against kids is up 126%. Kidnapping is up 36%. Car thefts are up 34%. These crimes are almost always committed by a very small minority.

The good news is that we do not have a lot of criminals in Canada. The bad news is they are very productive. They are allowed to be productive because of the catch-and-release policies passed in Bill C-75 that allow an offender to be arrested often within hours of their latest crime. In Vancouver, the police had to arrest the same 40 offenders 6,000 times, because the police and the system required them to be released under the Prime Minister's bill, Bill C-75.

The bill before us today partly and modestly reverses the catch-and-release bail system that the Prime Minister created, but it does not go far enough. Our policy is very clear. A common-sense Conservative government led by me will bring in jail and not bail for repeat violent offenders. Those offenders with a long rap sheet who are newly arrested will be in our jails today.

When we brought in policies of this sort under the previous Conservative government, we not only reduced crime by 25%, but we actually reduced incarceration rates. That was against all of the rhetoric of the radical left that said that we would have to build mega prisons to accommodate all the criminals. In fact, our laws were narrowly targeted at the worst repeat offenders and they scared the rest of the criminals away. We actually had fewer criminals, less crime and, therefore, fewer prisoners. That meant safer streets.

The Prime Minister has unleashed a crime wave over the last several years.

I was just in Whitehorse yesterday at Antoinette's restaurant. The owner told me that his restaurant had been robbed 12 times in 18 months, multiple times by the same offender who was released again and again. In fact, police officers told him they were going to stop arresting the offender because it was not worth the time of having him arraigned and being released almost immediately. It was easier and more cost-effective to just leave the thief on the streets and let him do his business.

That is how broken our criminal justice system is after eight years of the Prime Minister. Now he has appointed a radical justice minister who says that crime is all in the heads of Canadians, that their imaginations have gone wild. However, the data proves otherwise.

It turns out that Canadians and Conservatives are right. A common-sense Conservative government will fix the mess the Liberals made. It will fix what is broken with jail and not bail. Now, let us bring it home.

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September 18th, 2023 / 12:40 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, even if the Liberals give us an inch when we need miles of reform on public safety, it is very important that we move forward with the small pittance they are providing us in this bill.

However, Bill C-48 is not bail reform, which is what premiers, police forces, provincial justice ministers and civic leaders are all asking for. They are not asking for tweaks on the margins; they are asking for broad bail reform. What the Liberals are proposing today is not that.

I will draw the minister's attention to the fact that there has been a consistent Liberal government theme over the last number of years of going soft on criminals. It is not just Bill C-75 that made it easy to get bail. Bill C-5 removed mandatory minimums for violent gun offences and permitted more house arrest for rapists. Bill C-83 allowed mass murderers, like Paul Bernardo, to be transferred to medium-security prisons.

This is a theme, a perspective that the Liberals bring to the table, which has resulted in more violent crime, and that will not be solved by a measly seven-page bill, Bill C-48.

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September 18th, 2023 / 12:25 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, this past summer, on July 7, a mother of two young children, Karolina Huebner-Makurat, was fatally shot by a stray bullet from a gunfight between drug dealers near a so-called safe injection site in Leslieville, just east of downtown Toronto. The alleged suspect responsible for her death was out on bail at the time. He was also banned from possessing weapons and was obviously not allowed to deal illegal drugs. A man out on bail involved in a drug deal gone wrong got into a gunfight with another drug dealer, and a mother of two young children was shot to death in Toronto.

Just the other day, on September 14, a man who had been charged with first-degree murder for gunning down a person sitting in their car pleaded guilty to manslaughter and was out on bail following that. He is now wanted on a second charge of homicide, after killing someone else when he was out on bail.

On June 14, in southwest Edmonton, a man shot multiple rounds, killing another man in a back alley. At the time of this murder, he was wanted by police for failing to attend a sentencing hearing for murdering another person in July 2020. After pleading guilty to manslaughter for that murder, he was let out on bail, then failed to appear in court and murdered someone else.

Murderers are being let out on bail and are murdering more people. All of this is in the past number of months.

Also in June, a video went viral that I am sure members probably saw. I know a number of Conservatives did. It was very alarming and disturbing. The video that went viral online was of a man stabbing another man multiple times on a subway in Toronto. The suspect, who has been charged with attempted murder, aggravated assault, assault with a weapon and two counts of failing to comply with a release order, was out on bail at the time.

I have taken public transit and the subway in Montreal and other cities on multiple occasions. We could be sitting next to someone who is out on bail for a violent crime, like this man who stabbed another man multiple times, and that is not something that Canadians deserve to deal with every day. I do not think that is not something Canadians ever thought they would have to deal with, yet if we read the news on a regular basis, we know that assaults, stabbings, shootings and murders inside and outside public transit have unfortunately become the norm in many parts of our great nation.

I will just wrap up with a few more examples. I could go on all day. We have all heard and read about them. It is endless.

In August, news broke that a man accused of four cold cases of sexual assault in Vancouver was released shortly after being charged. A rapist, accused of four counts of rape or sexual assault, was released on bail into the community. He could be walking among us. I did not realize that Canada had become like this. When researching for today, I saw tale after tale of violence against women, murders, shootings, stabbings and physical assaults, over and over again.

The crime stats back this up. It is not just in our heads; we are not just paying more attention to the news or social media, not that we can get the news on social media anymore thanks to the Liberal government. The stats from Stats Canada back this up. In fact, since the Liberals formed government in 2015, violent crime has gone up 39%, murders are up 43%, gang-related homicides are up over 108% and violent gun crime is up 101%. Again, this is in light of OICs and so-called gun control legislation that go after law-abiding hunters and sports shooters in this country that the Liberals have promised will end gun violence. After all of that effort and all of that division, gun crime is up over 100% under the Liberals' watch in the eight years that they have been in power. Obviously it is a very failed approach to addressing violent gun crime in this country.

Sexual assaults are up 71%. Again, this is a feminist government, as they say at every opportunity. We know that sexual assaults are mostly against women, and there has been a 71% increase in sexual assaults since 2015.

The next stat is difficult to say, but sex crimes against children are up 126% since 2015. Also, car thefts are up 34%, which pales in comparison to sex crimes against children, but as MPs we hear that car thefts are through the roof, especially in major cities. People cannot leave their cars outside. Even if they are in the garage there are devices to steal them now. We hear about this over and over again.

I will remind the House that of the 44 shooting-related homicides in Toronto last year, 17 of the accused were out on bail at the time. In Vancouver, the same 40 offenders were arrested 6,000 times. There were 6,000 interactions with police in one year with 40 people. The people of Vancouver deserve far better. Why can we not do something with those 40 people who are causing mayhem, who are causing hardship, assaults, harms, rapes, thefts and abuse? Why is it that they continue to walk free time and time again?

Even more troubling is that the overall severity of crime in Canada, tracked by the violent crime severity index, has increased by nearly 30% under the Liberal government during its eight years. I will remind the House again that under former prime minister Stephen Harper, the same metric fell by 25%. It was down 25% and now is back up 30% under the Liberal approach.

Crime is one of the top things I hear from my constituents in Winnipeg. It is not just in their heads. In fact, violent Criminal Code violations increased from 9,400 in 2015 to over 14,000 last year. There were 9,400 in 2015 when the Liberal government took the wheel, and there are over 14,000 eight years later. The statistics speak for themselves: The Liberal approach to dealing with public safety and violent crime is failing Canadians. It is actually costing lives, as we have seen. This is not just a partisan issue or just a difference of ideology. This is really about the safety and security of women, children, the elderly, people riding public transit and men and women who are just going about their day.

It is very important that we are having this discussion. The Conservatives have been leading the charge on violent crime reduction discussions in the House for years. We have been talking about bail reform for a very long time, and it is just in the past few months that the premiers have sounded the alarm. Premiers from every political party have written multiple letters to the Prime Minister demanding bail reform. Every police force across the country that I have talked to says we need bail reform. There are also issues with people getting out early on parole. There are issues with conditional sentencing, with people given house arrest instead of jail time, not following that house arrest and going out and creating more mayhem for people in their communities.

I did congratulate the new Minister of Justice for his new role. It is a very important role in Canadian society. He is tasked with the Criminal Code. He alone is responsible, in addition to his boss, the Prime Minister, for fixing these problems. What concerned me, though, is that mere days after being appointed, he unfortunately said, as quoted in Reuters, that “empirically it's unlikely” that Canadians are becoming less safe. Those are his words. I asked him about it today and he seemed to backtrack, but that was his initial position.

How do we trust the Liberal government given this is its record and given that it has made no moves to make any changes until recently because of public pressure from the premiers and from police? Everybody and their dog is asking for bail reform and tough-on-crime measures. Now the Liberals are doing something. They are bringing forward a small bill of about seven pages to fix a problem that was created by a bill that was over 200 pages, Bill C-75, from a few years ago. That was a Liberal bill from about five years ago that made it easier to get bail, bottom line.

Now they have brought forward a piddling little seven-page bill that they are telling Canadians will solve all the problems. I do not believe them. I believe the minister's words when he said he did not really believe there was a lot of crime going on, though I am paraphrasing. The Liberals have sort of downplayed the concerns of Canadians. I have read the statistics and the stories, and clearly there is a problem.

I do not think there is any way we are going to solve this problem unless we have a change of government. The Conservatives have a proven track record of reducing crime in this country. It has been proven. It is in the data. The Liberal approach has failed, and people are being harmed as a result. We have a justice minister who, right out of the gate, downplayed these concerns, making it seem like they are all in our heads.

I will quote from the National Post. Adam Zivo wrote about this recently, which will sum it up really well. He said, “Canadians deserve political leaders who don’t gaslight them about violence in their communities. If the Liberals want to tackle this issue half-heartedly and do only the bare minimum needed to temper public anger, then that’s their choice—but it will be the end of them.” I very much agree with Mr. Zivo.

I hope we will see much more effort to address public safety in the remaining days of the current government, but if not, this side of the House is ready and waiting to get to work, roll up our sleeves and clean up our streets.

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September 18th, 2023 / noon


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

moved that Bill C-48, An Act to amend the Criminal Code (bail reform), be read the second time and referred to a committee.

Mr. Speaker, I rise today to speak to Bill C-48.

As this is my first time rising in this chamber as Minister of Justice and Attorney General, I want to first thank the Prime Minister for placing his confidence in me and appointing me to this position. I want to thank the constituents of Parkdale—High Park for their faith in me over the past three elections. I look forward to continuing to earn their support in this new role. I also want to thank my parents and my sister for always empowering me to dream, and I want to thank my wife and children for supporting me in realizing my dreams.

There is another person in this chamber without whose work I could not be engaging in this, and that is the hon. member for LaSalle—Émard—Verdun. The work he has done over the past four and a half years has made Canada a better place and the justice system more fair. His work will continue to inspire me in the work that I do in this role.

Lastly, I want to congratulate my parliamentary secretary, the member for Etobicoke—Lakeshore. I have the pleasure of having him as a riding neighbour in Toronto, and I am very excited to work with this excellent lawyer and parliamentarian to improve Canada's justice system.

Bill C-48 will strengthen Canada's bail laws to address the public's concerns relating to repeat violent offending and offences involving firearms and other weapons. It is a response to direct requests we have received from provinces, territories and law enforcement.

I know that these issues are of top concern for all parties in this chamber and indeed all Canadians. I look forward to seeing everyone in this chamber, across party lines, help pass this bill quickly in order to make Canadians safer. We have heard support for this package from provincial and territorial counterparts across the country of all political stripes as well as municipal leaders, police and victim organizations.

I want to begin by expressing my sincere condolences to the families of those we have lost recently in senseless killings. My mind turns to the family of Gabriel Magalhaes who was fatally stabbed at a subway station in my very own riding of Parkdale—High Park. The country mourns with them. This violence is unacceptable and we cannot stand for it. Canadians deserve to be safe in their communities from coast to coast to coast.

As a father, I am personally concerned about crime and violence. I want to make sure that my two boys are protected, as are all Canadian families. That is one of my goals as justice minister. This bill will help advance that goal.

Our government is working to ensure that these crimes cannot be repeated, which means tackling crime as well as what causes crime. We are the party of the Canadian Charter of Rights and Freedoms. Canadians expect laws that both keep them safe and respect the rights that are entrenched in the charter. In Bill C-48, we have struck that important balance. This legislation recognizes the harms posed by repeat violent offenders and would improve our bail system to better reflect this reality.

I will take a moment to remind my colleagues about the values we hold on this side of the House. Public safety is paramount for our Liberal government. This means ensuring that serious crimes will always have serious consequences. It also means improving mental health supports and social services that will prevent crime in the first place and help offenders to get the support or treatment they need to reintegrate safely into communities after they have served their sentence. We believe that investing in our communities ensures safety in the long term.

I was dismayed by the comments made by the Leader of the Opposition in the spring. He would rather engage in fearmongering for political gain instead of doing what is right: coming up with real solutions. He advocates for measures that would limit Canadians' charter rights. He points fingers instead of acknowledging the root causes of crime. The Leader of the Opposition has ignored evidence; he has voted against progress. I am dismayed, but I am not surprised. The Conservative approach to criminal justice has been short-sighted. We cannot return to Harper-era policies of clogged prisons, court delays, wasted resources and increased recidivism.

However, I was heartened to hear the Leader of the Opposition, on August 18, just about a month ago, say, “I am happy to bring back Parliament today and will pass bill reform by midnight” tonight. Well, Parliament is back. We are here. I am willing to put in the work to have this bill pass by midnight tonight. I hope the Leader of the Opposition will stay true to his word and is ready to do the same along with his caucus colleagues. Premiers around the country want this. Police around the country want this. Canadians around the country want this. Let us get this done; the clock is ticking.

What are the specific measures we are speaking about in Bill C-48? According to existing Canadian law, bail can be denied in three circumstances: to ensure the attendance of the accused in court, to protect the public and to maintain public confidence in the administration of justice.

Justice ministers across Canada agree that the bail system functions properly in most cases. However, at the same time, we heard there are challenges with the bail system when it comes to repeat violent offenders. Circumstances change and our justice system should reflect those changes. We are always open to making the system better. When we see a problem, we act. That is what Bill C-48 is about.

The targeted reforms in this bill would improve bail in five regards, as follows: first, by enacting a new reverse onus for repeat violent offending involving weapons; second, by adding certain firearms offences to the provisions that would trigger a reverse onus; third, by expanding the current intimate partner violence reverse onus, fourth, by clarifying the meaning of a prohibition order for the purpose of an existing reverse onus provision; and last, by adding new considerations and requirements for courts regarding the violent history of an accused and community safety.

Let me start, first of all, with the newly proposed reverse onus. A reverse onus at bail starts with a presumption that an accused person will be detained pending trial unless they can show why they should be released. The onus is on the accused. It sends a strong message to the courts that Parliament believes bail should be harder to get when there is an increased risk to public safety or because a release in these cases would undermine confidence in the system. Importantly, the decision and the discretion to deny bail rests with the courts, which are best placed to make such determinations.

This new reverse onus would apply in the following situations: when violence was used, threatened or attempted with the use of a weapon in the commission of the offence; when the offence is punishable by a sentence of 10 or more years in prison; and when the accused has been charged with another offence that meets these criteria in the past five years.

Bill C-48 targets repeat violent offending. My provincial and territorial counterparts and the police have told us this is what we need to address. We are delivering in terms of that specific request.

The new reverse onus targets the use of dangerous weapons. What am I speaking about? I am talking about firearms, knives and bear spray, which I know has been a particularly acute problem in the prairie provinces, thus the direct ask that was made of me and my predecessor.

In the second category, we are cracking down on firearms offences. Bill C-48 would create a reverse onus for additional indictable firearms offences. When the premiers of the country came together in January and wrote to the Prime Minister, they said a reverse onus was needed on unlawful possession of a loaded or easily loaded prohibited or restricted firearm. This bill would deliver that.

On top of what they asked us for in January, we added additional provisions. Those are if one is charged with breaking and entering to steal a firearm, if one is involved in a robbery to steal a firearm and if one is charged with making an automatic firearm. In all those additional instances, the onus would be reversed, which would make bail much more difficult to receive.

Gun crime is a serious threat to public safety. We heard this from coast to coast to coast in this country. We heard about this in this chamber. We have seen too many lives lost and innocent people hurt because of guns. Our government knows when a gun is involved the risk is so much greater. That is why we are expanding the reverse onus provisions to make it harder to get bail in those circumstances.

These reforms respond directly to the calls of the 13 premiers across this country, some who share my political party stripe, many who share the Speaker's and Conservative Party's political stripe, and some who share the NPD's political stripe. What is important is it is a multipartisan approach. The reforms also reflect the perspectives of law enforcement partners to make bail more onerous for accused persons charged with serious firearms offences.

My third category is that this bill would strengthen the existing reverse onus that applies to accused persons charged with an offence involving intimate partner violence where they have a previous conviction for this type of offence. As members may recall, this particular reverse onus was enacted through former Bill C-75, which received royal assent in June 2019. It makes it more difficult for an accused person to get bail where a pattern of violence against an intimate partner is being alleged. The goal is to provide further protection to victims from the escalating nature of this type of violence. Our Liberal government, under the direct leadership of the Prime Minister, has always taken the issue of intimate partner violence seriously and will continue to protect victims of such violence.

The fourth key element of this bill is that it clarifies the meaning of a prohibition order at the bail stage.

Right now, the reverse onus applies at the bail stage when a person has allegedly committed a firearm-related offence while subject to a firearms prohibition order.

The bill clearly states that the reverse onus will also apply in cases of bail orders that carry a condition prohibiting the accused from being in possession of firearms or other weapons. This amendment serves to strengthen the existing reverse onus provision by making it clearer and easier to apply.

The final key proposal among the group of five that I mentioned at the outset relates to what considerations a court must make and take when deciding whether to release someone on bail. In 2019, the former Bill C-75 amended the Criminal Code to provide that before making a bail order, courts must consider any relevant factor, including the criminal record of the accused or whether the charges involved intimate partner violence. That very provision would now be expanded to expressly require courts to consider whether the accused's criminal record includes a history of convictions involving violence. This would help strengthen public confidence and public safety, because bail courts would now be specifically directed to consider whether the accused has any previous violent convictions and whether they represent an increased risk of reoffending even when the proposed reverse onuses do not apply.

The bail provisions would be further amended to require a court to state on the record that it considered the safety and security of the community in relation to the alleged offence. Let me repeat that: This bill, once it passes, and indeed I hope it passes today, would require a court to state on the record that it considered the safety and security of the community in relation to the alleged offence when making a bail order. That is listening to communities and responding to their needs directly through parliamentary action. It would complement the current requirement that the court consider the safety and security of any victim.

This amendment would address specific concerns I have heard from municipalities, indigenous communities, racialized communities and marginalized communities. Our collective safety matters critically in bail decisions. This is an important change. Members of small rural communities have told us that the release of an accused on bail can have significant implications for their residents. This change would require the courts to explicitly consider the wishes of those very communities.

It is our government's responsibility to ensure that legislative measures are consistent with the Canadian Charter of Rights and Freedoms. I am confident that the proposed measures are compliant. More information is provided in the charter statement for this bill, which is available on the Justice Canada website.

I am deeply committed to ensuring that any measures taken in the chamber by this Parliament would not exacerbate the overrepresentation of indigenous, Black and racialized persons in our criminal justice system. We must not further marginalize and disadvantage vulnerable people, including those struggling with poverty, homelessness and mental health and substance use issues.

The government is committed to addressing systemic discrimination in Canada's criminal justice system. I believe that the approach taken in this bill, which makes narrow but important changes, is evidence of that.

The measures proposed in the bill are the result of extensive collaboration among federal, provincial and territorial governments. Members may be aware that the previous ministers of justice and of public safety convened an urgent meeting on March 10 of this year with their provincial and territorial counterparts to discuss ways to strengthen the bail system. This was a productive meeting. The ministers agreed that law reform was necessary but was only part of the solution. The provinces and territories expressed willingness to take action in various areas themselves, including improved data collection, policies, practices, training and programs in the area of bail support and bail enforcement.

I am very encouraged by the efforts by these provincial and territorial partners that are already taking place to improve the bail system in Canada. They are our partners in this issue. They will be our partners in rendering Canada more safe. For example, Ontario and Manitoba have announced commitments to enhance bail compliance measures, among other things, to increase public safety and to address concerns posed by those engaged in repeat violent offending. In British Columbia, the premier has also stepped up and made significant investments to strengthen enforcement and improve interventions in relation to repeat violent offending. I believe that any criminal law reform enacted by Parliament will be even more effective because of such actions taken by the provinces I have just listed, and I am hoping that every province follows suit.

The position I am taking and pronouncing here in the chamber, which is entrenched in Bill C-48, is backed up by law enforcement. Brian Sauvé, president of the National Police Federation, said this on this very issue:

We also see the federal government's tabling of Bill C-48 in June as a good first step, but this cannot be the only solution. Provincial and territorial governments must now look at their own justice systems and make needed improvements. Our justice system is complex with many interrelated challenges and flaws that cannot be addressed through legislation alone.

Apart from the Criminal Code reform, our government is also fighting crime through non-legislative means. For example, the Minister of Public Safety announced $390 million in funding to help fight gangs and gun crime. This kind of funding will support provincial government initiatives related to the bail system and will complement our efforts to crack down on firearms through Bill C‑21.

Ultimately, we all have a role to play in keeping our communities safe. I would be remiss not to acknowledge the dedication and service of law enforcement personnel across our country in doing exactly that: protecting the safety of our communities, sometimes jeopardizing their own personal safety in doing so.

We are pleased that the police associations across the country have come out in support of Bill C-48. This past weekend, in my very own riding of Parkdale—High Park, I hosted the Toronto chief of police, Myron Demkiw, for a festival. He personally expressed to me his hope that Bill C-48 would become law as soon as possible. When I told him it would be debated first thing on Monday, he said, “Dyakuyu”, which means “thank you” in Ukrainian.

We have also discussed bail in meetings with representatives from national indigenous organizations. Their views were and continue to be welcomed. This helps us to better understand what is needed in relation to criminal justice system reform and keeping all communities safe.

Our government takes cases of repeat violent offending and offences involving firearms or other weapons very seriously. Our goal of protecting public safety and victims plays a major role in our analysis of how the bail system operates and whether it is performing as planned.

Bill C-48 demonstrates our commitment to taking action at the federal level to strengthen the bail system in response to the challenges raised over the past several months. Provinces, territories and law enforcement have all lauded this legislation. They come from political parties of varying stripes. This is not a partisan issue. It is about safety, and it is now our turn to pass this bill swiftly.

I started off by acknowledging some people who have been important in my life, and I want to return to that message right now. I talked about my parents and my sister. When those three people and I came here from Uganda as refugees in 1952, we were fleeing the persecution of General Idi Amin. We came here for one thing above all else: safety. We came here because Canada offered that safety and the prospect of a better life. That concern remains alive and well 51 years later for me and everyone who has the ability, honour and privilege of calling this country home. We have the ability today to do something that promotes and advances safety. I hope we can all do it co-operatively and collegially, and can get this done today.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 15th, 2023 / 1 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, with former prime minister Stephen Harper, ministerial accountability was alive and well in many regards on a couple fronts. There was a principled approach, unlike what we have seen in the last eight years.

Just to conclude on the justice file, Stephen Harper brought forward about 80 justice bills in favour of being tough on crime and in favour of victims. I mentioned one of the bills today, and all of the bills the Liberals have brought forward are for the least restrictive environments for criminals. That is the reason the most vile killer in Canadian history has been moved. It is because of legislation like this.

We saw it with bail reform. It has never been worse in this country. That is directly related to Bill C-75, also a 2019 Liberal bill. I am getting pretty sick and tired of these soft on crime Liberals. It is time for a Conservative government to clean up our streets and keep Canadians safe.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 15th, 2023 / 10:10 a.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, I move that the seventh report of the Standing Committee on Justice and Human Rights, presented on Wednesday, December 7, 2022, be concurred in.

I will be splitting my time with the hon. member for Brantford—Brant.

The seventh report of the Standing Committee on Justice and Human Rights speaks to improving the response to victims of crime. I can honestly say, and I think all Canadians agree, if we believe what we are seeing in the news, that the response of the government to victims of crime has been woefully inadequate. I can go further. When we talk about victims of crime, we are also talking about the victims' families, and that came through loud and clear in our report. Once again, even today we are talking about the impact on victims of crime and their families of the government's soft-on-crime revolving door justice system.

I will speak to some of the measures in our report.

One of the things we heard loud and clear was the need to address the unfair situation of sentence discounts for multiple murders. What that means is that in Canada, someone who is convicted of first-degree murder receives a life sentence but is eligible for parole in only 25 years. What this has led to is a ludicrous situation. For example, in Moncton, New Brunswick, an individual killed three of our Mounties, three police officers, just trying to do their job, and that individual would have received a 25-year parole ineligibility, the same as if they had killed one person. We have seen situations of mass murder in this country where someone kills three, five or six people, and they would receive the exact same parole ineligibility as if they had killed one person.

We believe, on this side of the House, that every life should count, every victim should be counted and every victim's family should be respected. That is why when we were in government, we brought in legislation for ending sentence discounts for multiple murders. This meant that an individual who committed multiple murders would receive multiple consecutive periods of parole ineligibility. It is why the individual who killed the three Mounties in Moncton received a 75-year parole ineligibility. Other mass murderers in Canada sentenced since that legislation have received similar sentences.

Unfortunately, the Supreme Court struck down that provision. We all know that a charter dialogue takes place between the legislature, Parliament and the Supreme Court, and it is absolutely scandalous that the government has not responded to that Supreme Court decision. We have called on it for over a year to respond to this decision, to make it right and to listen to victims' families.

When we were studying the response to victims of crime, that came up more often than not. One of our great witnesses was Sharlene Bosma. Many members will remember that name, as it was her husband who was killed by a mass murderer, someone who murdered at least three individuals. What Sharlene said left a lasting impact on me as well as on many members, certainly on this side of the House.

She said that through the whole process of attending hearings every day, attending court and working to ensure a conviction of this individual who took the life of her husband, the one solace she took when he was sentenced is that her daughter would never have to attend parole hearings and face this monster. However, with one decision from the Supreme Court, that has been ripped away. Now this individual will be eligible for parole in what is left of his 25 years, and Sharlene Bosma, her daughter and other victims' families will have to face unnecessary parole eligibility hearings. Once again, the government throws up its hands.

Even in today's headlines it is reported that one of the worst killers in Canada, one of the most notorious, the Scarborough rapist, Paul Bernardo, has been moved, to the horror of the victims' families and all Canadians, from a maximum-security prison, where he should have spent the rest of his life, to a medium-security prison. We see, on the other, side feigned outrage. We see crocodile tears. We hear “How could this happen? We're going to look into this”, but now we are finding out every day that the Minister of Public Safety knew. Now we are finding out that the Prime Minister knew.

Why did it happen in the first place? Part of the reason it happened is the government's own legislation. When the government brought in Bill C-83, which amended section 28 of the Corrections and Conditional Release Act, it meant that, when considering transfers from one institution to another, the litmus test brought in by the government is that offenders have to be held in the least restrictive environment. When the Liberals passed that legislation, and when they refused to act when they found out about this transfer, they made this an inevitability. This is on the Liberal government.

I also want to address bail in this country. This came up again and again in our victims study. There are victims who are unnecessarily victimized. They are victims because our justice system has failed to protect them from repeat violent offenders. Just last week, we had a witness at justice committee, and what she said left an impression on me. She said that we do not have a justice system; we have a legal system, but many victims do not see justice in our system.

Canadians fail to see justice when this government, through Bill C-75, put in a principle of restraint when it comes to bail. It has led to the outrageous situation of individuals who are repeat violent offenders, individuals who have been caught for firearms offences and are out on bail, committing another firearms offence. This is happening in Toronto, and the Toronto police helpfully provided us with the statistics. While out on bail for a firearms offence, offenders commit another firearms offence and get bail again. This is outrageous. The Liberals will say, “This is too bad. It is unfortunate that gun crime is taking place”, but it is taking place as a direct result of both their actions and their inaction, their failure to respond to a revolving-door justice system. I can tell members that Canadians are fed up with it.

There is only one party that is committed to ending the revolving door, committed to ensuring that victims voices are heard, committed to appealing the measures in Bill C-75 that have led to this revolving door, committed to ending the outrageous situation in which individuals who commit gun crime are given no more than a slap on the wrist, and committed to ensuring that individuals who commit arson and burn down someone's home are not eligible to serve their sentence with a conditional sentence. What is a conditional sentence? It is house arrest. Under our Criminal Code, somebody could burn down a house and serve their so-called sentence playing video games from the comfort of their own home.

When we were in government, we brought in legislation to change that, to end the revolving door, to have consequences for criminal actions and to protect the most vulnerable. We made sure that sex offenders were listed on the sex offender registry. We made sure that sex offenders served their sentence in prison and not in the community where they offended.

However, under the current government, with both actions and failure to take action, we have a situation where communities are more and more in danger. Members do not have to take my word for it; this information is publicly available. Violent crime is up 32% in this country. Gang-related homicides are up almost 100% in this country. The approach of the revolving door, of allowing repeat offenders to continue to offend, is not working, and a Conservative government, led by Pierre Poilievre, will address—

Corrections and Conditional Release ActPrivate Members' Business

June 6th, 2023 / 5:30 p.m.


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Conservative

Colin Carrie Conservative Oshawa, ON

moved that Bill C-320, An Act to amend the Corrections and Conditional Release Act (disclosure of information to victims), be read the second time and referred to a committee.

Madam Speaker, as I rise to speak to Bill C-320, I would like to talk about a special event that took place on Saturday, May 27, in which I was honoured to take part. Durham Region Remembers was a victim awareness and candlelight vigil that provided community support for those bereaved by homicide and to remember those we have lost. This very important event, which will now become an annual occurrence, was organized by Lisa Freeman, and I am happy to say that Lisa is here in Ottawa with me today. She is the person who inspired Bill C-320, a bill that we like to call the “truth in sentencing act”.

Since 2019, Lisa and I have made efforts to amend the Corrections and Conditional Release Act regarding disclosure of information to victims; at Durham Region Remembers, Lisa and I had the opportunity to share our efforts with the families of victims who were present. I can say that this was well received, with murmurs of hope that we might be able to help families that are plunged unasked into unfathomable situations. These families have then been further demoralized and retraumatized by the actions of the government through the Parole Board of Canada and Correctional Services, institutions that say they are supportive of victims of crime. Unfortunately, at best, this is an illusion.

Lisa is an inspiration not only to me but also to a very special community. This is a community, sadly, that has been forgotten by our criminal justice system. It is made up of victims, families and friends who have had to endure and re-endure trauma, emotional pain and endless suffering regarding their families' safety. Ms. Freeman is the author of the 2016 book, She Won't Be Silenced, described as the “story of my father's murder and my struggle to find justice WITHIN the Parole Board of Canada.”

After years of fighting to have her family's voice heard, while decisions were made about parole and the passage of information concerning her father's murderer, Ms. Freeman has petitioned the federal government to amend the ineffective Canadian Victims Bill of Rights and the opaque Corrections and Conditional Release Act to provide improved transparency to victims of violent crime and their families.

This “truth in sentencing” bill was first tabled in the House of Commons as Bill C-466 by the Hon. Lisa Raitt in June 2019 and then again in the Senate by the Hon. Senator Pierre-Hugues Boisvenu in December 2020 as Bill S-219. I want to thank Ms. Raitt and Senator Boisvenu for their work on this file. Now, I am hoping that I am three times lucky, and that this bill will finally make it through our process and become the law of the land.

It is important to recognize that this bill is a short bill; it would add just a few words, a common-sense phrase. It may make a small change in the law, but it would make a huge difference to victims. This bill would add the following words: “and an explanation of how that date has been determined”.

The aim of Bill C-320 is twofold. It would amend the current Canadian legislation to better meet the needs of victims of crime by providing timely and accurate information upon sentencing of an offender and avoiding the false comfort of misleading parole eligibility dates. It would also ensure that the victims of crime are provided with improved transparency and passage of information from the Correctional Service of Canada and the Parole Board of Canada. I admit that these changes would not fix the system, but they would certainly be a step in the right direction, and they could not occur at a better time.

In Canada we are now starting to see the effects of changes made to our justice system through the government's bill, Bill C-75, the bill that accelerated the government's catch-and-release bail system and bail policies. This change has unleashed a wave of violent crime across the country. We are hearing from Canadians that they do not feel safe walking down the street or taking transit. Canadians are telling us that our communities feel less safe. It is our responsibility to turn this trend around and avoid making the situation worse. We cannot allow violent offenders to repeat—

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 CodePrivate Members' Business

June 1st, 2023 / 6:10 p.m.


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Conservative

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.

Criminal CodePrivate Members' Business

June 1st, 2023 / 5:40 p.m.


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Conservative

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.

JusticeOral Questions

May 29th, 2023 / 3:10 p.m.


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Conservative

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?

JusticeOral Questions

May 29th, 2023 / 3:10 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister 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.

JusticeOral Questions

May 29th, 2023 / 3:05 p.m.


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Conservative

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 ResumedCriminal CodeGovernment Orders

May 17th, 2023 / 10:05 p.m.


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Conservative

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.

Sitting ResumedCriminal CodeGovernment Orders

May 17th, 2023 / 9:20 p.m.


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Conservative

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.

Sitting ResumedCriminal CodeGovernment Orders

May 17th, 2023 / 8:20 p.m.


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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Mr. Speaker, it is my privilege to speak to Bill C-21, an act to amend certain acts and to make certain consequential amendments (firearms).

I want to speak today in solidarity with all the honest, law-abiding people in Lévis—Lotbinière who legally own guns for reasons other than committing violent crimes.

My colleagues will no doubt understand that I have come here to defend honest hunters and shooters, farmers, and collectors who own guns passed down from one generation to another.

The absurd thing about the Liberal government is that their bills miss their targets most of the time—that is probably a bad pun—as does their budget, for that matter.

How will legalizing drugs prevent or reduce crime? That is utter nonsense. How can anyone believe that restricting the use of certain registered and legal weapons is going to reduce the same criminal activity that continues to rise because of bad Liberal decisions?

The solution to the ever-increasing crime is quite simple, and it is the same for everything else that has not worked in our country since 2015. We are headed straight for a cliff because the Liberals are in power and they are making bad decisions.

The goal of the new Liberal amendments to Bill C‑21 is not to protect us, but to score political points and instill a false sense of security in the population. The facts prove otherwise and nothing will change.

I would like to talk about academic and government stakeholders, such as Dr. Caillin Langmann, assistant clinical professor at McMaster University. He stated that available research has demonstrated that the proposed ban on handguns and semi-automatic weapons would not reduce the rates of homicide and mass homicide.

Someone who wants to inflict harm has the imagination and means to do so. What causes an individual to commit the irreparable quite often begins with the family violence that children witness. These children will become uncontrollable adults who abuse drugs that have become legal and who commit increasingly serious crimes.

The rehabilitation system for these individuals is not working and the Liberal Party encourages this scourge through bad policies and complacency. As proof, the Liberal Party's catch-and-release policies are not working. After eight years of Liberal governance, violent crimes have increased by 32% and gang-related homicides have doubled.

Rather than cracking down on the illegal guns used by criminals and street gangs, the Prime Minister is working to take hunting rifles away from law-abiding farmers, hunters and indigenous peoples.

Let us be clear. The Liberals' new definition is the same as the old one. The commonly used hunting firearms targeted by the Liberals in the fall will likely be added to the ban by the new Liberal firearms advisory panel.

Let there be no mistake. There is nothing new in the amendments proposed by the Liberals. They have just wrapped the initial amendments up in a new package. Hunters, farmers and indigenous peoples are not naive, and neither are the Conservatives. The Conservatives do not support taking guns away from law-abiding farmers, hunters and indigenous peoples. When the Liberals say that they are banning so-called assault-style firearms, they really mean that they are banning hunting rifles. The Prime Minister even admitted as much a few months ago.

No one believes that the government is going to reduce violent crime across the country by going after hunters and legitimate hunting rifles. That is part of the Liberal government's plan to distract Canadians from the real issues our country is facing and to divide them.

For eight years now, have the Liberals been aware that they are making life easier for violent criminals by repealing mandatory minimum sentences for gun crimes with legislation stemming from Bill C‑5?

Are the Liberals aware that they are making it easier for violent criminals to get bail with legislation stemming from Bill C‑75?

Are the Liberals aware that they are making life easier for violent criminals by not stopping the flow of illegal guns across the U.S. border?

Conservatives support common-sense gun policies, policies that will stop dangerous criminals from getting guns. That is why a Conservative government will invest in policing and securing our borders rather than spending billions of dollars confiscating guns from farmers, hunters, indigenous people and law-abiding Canadians.

Let us not be fooled. The Liberals are the champions of wishful thinking. The Liberals are also the champions of empty gestures, empty words and wasting our hard-earned money.

Quality of life has gone down considerably in Canada in the past eight years in every area of daily life and not just because of the increasing crime rate, which, again, jumped by 32%. When we look at the facts, the current situation and the numbers, we see that this is no longer working. One just needs to look at the number of available jobs, the backlog in immigration cases, the applications for temporary foreign workers that are blocked and have caused businesses back home such as Olymel to shut down.

I am thinking about the Liberals' rejection of my Bill C‑215, which sought to promote life by allowing people with a serious disease such as cancer to be entitled to 52 weeks of employment insurance to get back on their feet. I am thinking about all these young people to whom the Liberal Party is offering addiction to dangerous substances as a life work; as we all know, using hard drugs brings more problems. That is obvious and it only makes sense to acknowledge it.

I have a hard time seeing how Bill C‑21 will achieve the Liberal Party's murky goal of lowering the crime rate and making our streets safer.

In closing, in Lévis—Lotbinière, the majority of us are responsible, law-abiding people. More than ever, we need a return to a Conservative government to restore order in our country and in our politics, and to put money back in our pockets.

Criminal CodeGovernment Orders

May 17th, 2023 / 5:10 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, I cannot say that I am happy to be rising today to discuss this piece of legislation, but I am happy to be rising as a law-abiding firearms owner to defend my fellow law-abiding firearms owners.

How did we get here? I will put things in context so the people who might be watching at home know whom they are listening to. I am a member of Parliament for an urban-rural split riding in central Alberta. Half of my constituents live in Red Deer, the third-largest city in Alberta, and the other half live on a first nation reserve, or in a rural setting in Red Deer County, Lacombe County or Ponoka County, or in a small town, city or village therein.

I would consider the people I represent to be honest, hard-working, law-abiding folks who want their tax dollars spent wisely and want the freedom to pursue whatever they want to pursue in life. Many of them pursue various things that involve firearms, including hunting, farming on farms like the one I grew up on, where firearms are just a tool and an everyday part of life, or sport shooting. This is very popular in my constituency. There are numerous stores and vendors in central Alberta that supply firearms, ammunition and parts because of the demand that is there.

I can tell members that we do not have the problems that my colleague who just spoke talked about in her large urban centre, because we respect the law. We put policies in place at the provincial level, and when we are the governing party, we put laws in place that actually crack down on criminals. That is where the actual issue lies.

I can assure Canadians who might be watching at home that the firearms I own are doing nothing right now. They do not do anything until someone picks them up. The issue at hand is violent crime and who has access to firearms. There are numerous provisions in this bill, Bill C-21, that do not address, penalize or in any way affect the outcome of dealing with the wrong people getting a hold of firearms.

How did we get here? Over the course of the preceding decades, Canada was a country that was a rugged place to settle, and it is still a rugged place for some who live in rural areas or adjacent to wild areas or who are farming, involved in forestry, or doing something as seemingly innocuous as keeping beehives. Anybody watching at home who grew up with cartoon books would know that Winnie-the-Pooh was addicted to honey. This is not by chance. Bears often frequent these places, and good, honest people have bought firearms to protect themselves, many of whom were caught up in the order in council that came out a number of years ago.

It all started in the 1930s. If we go back that far, every single firearm and handgun in this country has been put in a registry, but that does not stop criminals from obtaining guns illegally. The government of the day, whenever it is Liberal or Liberal-leaning, seems to want to blame the law-abiding citizen, so, for decades, we have had a firearms registry and the government knows where all the lawfully owned handguns in this country are. Changes were brought in back when Jean Chrétien was the prime minister, including a long-gun registry, which was wasteful and ineffective. The government of the day said it would cost only $2 million, but it was actually closer to $2 billion. Of course, it did not do anything to address violent crime.

We have seen the current government, in its first mandate, put in place Bill C-75, which basically codified in law bail provisions that would let people out in the shortest amount of time with the smallest number of restrictions, and now we see what has happened with that.

What did Bill C-21 originally do? When the members of this House were invited to speak to the bill, it was simply the codification in law of an order in council to ban the transfer of handguns. Then, sneakily, the government decided to table-drop, back in November, a huge stack of amendments that had absolutely nothing to do with handguns. They were all about long guns, and of course the government bit off far more than it could chew.

The government managed to alienate almost all of its voting base when it comes to indigenous Canadians, who were offended by the fact that the firearms used by indigenous people were largely going to be caught up in amendment G-46, taking away their ability to use that firearm.

There was also an evergreen clause in G-4, and I am sorry to report that there is a new evergreen clause put in place that does virtually the same thing, with a minor exception, which I will explain in a few minutes, when I get back to what the problem actually is with the government's notions going forward on its new evergreen clause.

We all remember what happened. It was pretty obvious, because we heard the recordings from the Mass Casualty Commission. The government actually interfered. It took this mass casualty event in Nova Scotia and interfered in the investigation by demanding that the officers who were investigating at the time turn over information to advance a political agenda of the government of the day.

We know it is not about evidence. It is not evidence-based policy-making; it is policy-based evidence-making and evidence-finding, even if it interferes with a police investigation. That is why there is very little trust by law-abiding firearms owners in the intentions of the Liberal government, which is supported by the NDP, and what it is doing.

What is the problem? The problem is violent crime. In the last eight years, violent crime has risen because of the provisions that have been passed by the government when it had a majority and with the support of other left-leaning parties in this place. They passed numerous pieces of legislation, such as Bill C-75 and Bill C-5, that have basically eliminated any consequences whatsoever for people who commit crimes, so much so that violent crime in the last eight years is up 32% over what it was when the Prime Minister and his government inherited the government offices of this place.

More astonishing is this number: 94% increase in gang-related homicides. One would think that an almost doubling of the number of homicides by gang members would trigger a response from the government to crack down on organized crime, but it actually has done the opposite. The passages and clauses in the Criminal Code that would deal with people who are repeat violent offenders have largely been removed, as well as any semblance of a minimum sentence. I am not even talking about mandatory minimum sentences put in place by Stephen Harper when he was prime minister, and by the way crime went down over those 10 years, but I am getting to the point of the fact that numerous basic minimum sentences were removed.

These were put in place by people like Pierre Elliott Trudeau and Jean Chrétien. Of the 12 firearms-related clauses in that piece of legislation, 11 were actually put in place by previous Liberal governments, and the current version of the Liberal government has removed even the most basic minimum sentences for violent crime, including smuggling, firing a gun irresponsibly or even holding a gun to somebody's head for the purpose of extortion. It has removed any mandatory jail time whatsoever for those.

That is the tone and the signal Liberals have sent to the country. Why would criminals not want to increase their activity? There are no consequences, and this is the problem.

I will give an example of the illogic of what the government is doing right now. According to the RCMP's website, there are approximately 430 gangs in Canada with 7,000 members in those gangs. If we look at the average number of homicides committed by people associated with gangs over the last five or six years, it is about 50% of murders. Fifty per cent of murders are committed by gang members, or about 125 a year. There are 2.2 million licensed gun owners in this country. If we look over that same time period, we will see that they are charged for homicide about 12 times a year.

That is 12 out of 2.2 million people versus 125 out of 7,000 people. Who does the government go after? It goes after the 2.2 million. It does not make any sense whatsoever. If we do the math, a gang member is 3,300 times more likely to commit murder with a firearm than a law-abiding firearm owner is, yet the government focuses only on the law-abiding firearm owner.

Gary Mauser, professor emeritus, did an analysis for Statistics Canada that shows that Canadians who are not licensed firearms owners are still three times more likely to commit a homicide than a vetted, licensed gun owner is. For the people who are watching at home, the safest people in Canada for them to be with are legally vetted, law-abiding firearm owners who, at any time, could have their firearms taken away with any complaint lodged against them. That means that every firearm owner meticulously follows the laws of storage, the laws of transportation and the laws of safe discharge. As a matter of fact, we jokingly quip sometimes that gun control meetings are about making sure one's muzzle is always pointed downrange. That is what gun control is to a law-abiding gun owner. We follow all the rules because we do not want to risk losing our privileges, because the fact is that every firearm in Canada is illegal unless it is in the possession of somebody with a licence who is authorized to have that firearm.

We have to go through a renewal process every five years, during which our entire history, including our mental health history, our medical history and anything that might have happened before the courts is reviewed in detail. We wait months to get our licence renewed. Sometimes it is not renewed on time. This puts us in a situation, as law-abiding firearm owners, where we are now in possession of our firearms, which were legal one day, but of which, because of the incompetence of the government to process an application on time, we are now technically, according to the law, illegally in possession. We actually had a clause, when Stephen Harper was the prime minister, where people had a six-month grace period. I am very frustrated by the removal of that grace period, and I will get to that in a minute.

In committee, Dr. Caillin Langmann from McMaster University basically laid it out for everybody to see. His brief states:

The foregoing research papers are peer reviewed and conclude that Canadian legislation to regulate and control firearm possession and acquisition does not have a corresponding effect on homicide and suicide rates.

It also states:

I was asked to produce a review paper for the Journal of Preventive Medicine in 2021. This paper entitled, “Suicide, firearms, and legislation: A review of the Canadian evidence” reviewed 13 studies regarding suicide and legislative efforts and found an associated reduction in suicide by firearm in men aged 45 and older but demonstrated an equivalent increase in suicide by other methods such as hanging. Factors such as unemployment, low income, and indigenous populations were associated with suicide rates....

My conclusions are based on sound statistical analysis and information specifically related to Canada. I am not aware of any other Canadian research which uses reliable statistical models to dispute or disagree with my conclusions.

The brief also states:

Bans of military-appearing firearms, semiautomatic rifles and handguns, short barrel handguns and Saturday night specials in the 1990s has resulted in no associated reduction in homicide rates.

To summarize the results, no statistically significant beneficial associations were found between firearms legislation and homicide by firearm, as well as spousal homicide by firearms, and the criminal charge of “Discharge of a Firearm with Intent”....

Other studies have demonstrated agreement with my studies that laws targeting restricted firearms such as handguns and certain semi-automatic and full automatic firearms in Canada also had no associated effect with homicide rates. Canadian studies by Leenaars and Lester 2001, Mauser and Holmes 1992, and McPhedran and Mauser 2013, are all in general agreement with my study.

The issue is violent crime. It is about controlling violent criminals, controlling those people. One can control inanimate objects all one wants, but it will not change anything. Therefore, the “who” is not the problem. It is not hunters. Over eight million people in this country hunt and fish, contributing $19 billion annually to the GDP, and the order in council has already banned rifles used for hunting, some that even conservation officers use. I was a conservation officer. I was a national park warden and I was issued firearms for my duties. I was a park ranger in charge of a park in the province of Alberta and I was issued firearms for those duties as well. Every person I dealt with as a conservation officer was at least a camper who had an axe, a fisherman who had a knife or a hunter who had either a rifle or a bow and arrow. I had no trouble with those good people, no trouble whatsoever.

We are going to ban the very guns that conservation officers use, but they do not have those firearms. The Yukon government actually had to go around the order in council to buy firearms for its conservation officers, because those are the best firearms available to protect its officers from bears, mountain lions and all of the other issues that conservation officers face, because that is where the real issue lies.

It is very clear to me as a hunter, that, with the changes the Liberals have made, they are weasel words, especially the evergreen clause that deals with magazines. I laid it out very clearly at committee that anybody who wants to interpret it that way can say that, as long as a firearm can take a magazine that holds more than five rounds, it shall be banned. After this becomes law, we would end up in a situation in which, with guns that are functionally identical, one from 10 years ago and a new firearm, one would be prohibited and the other would still be legal. This is because of the clear lack of knowledge and understanding, when it comes to firearms, of people who do not own guns, making laws that simply do not work. We are going to have that scenario again.

However, if people think their gun is safe because they have an older gun that is not included in the new evergreen clause, they should think again, because the firearms committee that would be struck would still have the same authority to do a firearms reference table analysis and ban whatever guns it does not like.

I have news for everybody in this room. If we look at all of the hunting regulations in all of the provinces and territories in this country, a hunting rifle is a rifle that is in the hands of a hunter, used for the purposes of the hunt. It does not matter what it looks like; it just matters what the calibre of the bullet is, so the animal can be safely dispatched.

I could go on for literally a couple more hours and talk about the end of cowboy mounted shooting, cowboy action shooting, IPSC, all of these sports for all of these good people. They are mostly Filipinos there, by the way, when I go to an IPSC event. They are people who have moved here from a country that never allowed them to own firearms, but they have come here and taken up this sport and activity. They are frustrated because, when we take away the ability to transfer these handguns between law-abiding citizens, it will be the end of thousands of people's enjoyment of the sports that involve handguns. I look forward to answering some hopefully logical questions from around the room.

Before I conclude, I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), be not now read a third time, but be referred back to the Standing Committee on Public Safety and National Security for the purpose of reconsidering clauses 0.1, 1.1 and 17, with a view to ensure that the government cannot take away hunting rifles from law-abiding farmers, hunters and Indigenous peoples.”

JusticeOral Questions

May 17th, 2023 / 3:10 p.m.


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Conservative

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

Mr. Speaker, when he starts talking about his interest in improving public safety, the Prime Minister will say anything. His actions tell a different story, though.

To start with, he passed Bill C-75, which makes it easier for violent criminals to obtain bail. After that, he passed Bill C‑5 to get rid of mandatory jail sentences for serious crimes. Now he has a bail reform bill, which was tabled yesterday, that is so weak that even the person charged with murdering police officer Greg Pierzchala would still have gotten bail.

Can the Prime Minister admit to his mistakes and simply repeal the law arising from Bill C‑75?

Criminal CodeGovernment Orders

May 16th, 2023 / 11:05 p.m.


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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, it is always an honour to rise on behalf of the residents of Kelowna—Lake Country, including, in this very late hour, to talk about an important piece of legislation, Bill C-21.

I would like to express my concerns about this legislation and the potential consequences of it. While the intention of this bill may be to address issues of public safety, it is crucial that we critically examine its provisions and the implications they may have on our society as a whole, especially for law-abiding citizens.

It is important to prioritize public safety. However, this bill fails to acknowledge that attacking responsible law-abiding firearms owners is not a solution to the 32% increase in violent crime we have seen since the Liberals took office. Casting a wide net and imposing bans on firearms owned legally infringes upon the rights of law-abiding citizens, who use firearms for legitimate purposes such as sport shooting and hunting.

This firearms legislation, Bill C-21, is one of the biggest topics I have heard about during my time as a member of Parliament. There is so much about this bill that does not make sense. It treats law-abiding firearms owners as criminals, undermining the principles of due process and fairness. The overwhelming majority of firearms owners in Canada are law-abiding citizens who have undergone thorough background checks and are responsible in their use, transport and storage of firearms.

This bill has wide-reaching effects on law-abiding farmers, sport shooters, hunters and indigenous peoples. Instead of going after illegal firearms used by criminals and street gangs, the Liberals are focused on going after law-abiding farmers, hunters and indigenous peoples.

This is from Blane, a resident from Kelowna—Lake Country who reached out to me:

The gun buy back and focus is a bad idea and I reject it. I would hope that you would too. The program targets people who are not the typical culprits in violent crimes. Go after the criminals. And the cost to implement and maintain the proposed program is outrageous! I protest the Liberal program and even its intent because it will neither alleviate nor change violent crimes with guns. Criminals, as a reminder, don't follow the rules.

This bill does not adequately address the root causes of gun violence in our society. Instead of focusing on addressing mental health issues, improving law enforcement and strengthening border controls to combat illegal firearms trafficking, Bill C-21 targets legal firearms owners. No one believes that going after hunters and legal firearms owners will reduce violent crime across the country. This is part of the Liberal plan to distract and divide Canadians.

The Liberals' approach on firearms fails to address the core issues and instead burdens law-abiding citizens with unnecessary restrictions. The Canadian Association of Chiefs of Police pointed out that restrictions on legal firearms would not “meaningfully address the real issue” about gun violence, as it is illegal weapons that have led to gun violence.

Recent reports have shown that about 85% of handguns used in crimes are imported from the United States illegally. Criminals do not adhere to laws or regulations, and they will continue to access firearms through illicit means regardless of the restrictions imposed on law-abiding citizens. In essence, the bill penalizes responsible gun owners while doing little to address the criminal elements driving gun violence.

A comprehensive approach to reducing gun violence should involve measures that address underlying causes, such as poverty, inequality and mental health issues, while also targeting illegal firearms trafficking and strengthening law enforcement efforts. While the goal of enhancing public safety is important, the Liberals' Bill C-21 misses the mark by imposing ineffective measures that infringe upon the rights and freedoms of law-abiding citizens.

If we are truly committed to addressing the issue of gun violence, we must invest in comprehensive solutions. They include strengthening mental health services, focusing on addiction treatment and recovery, getting tough on criminals through bail reform and securing our borders against firearms smuggling. By focusing on these efforts, we can address the root causes of violence and ensure that firearms are used responsibly and safely by law-abiding citizens.

Since the Prime Minister took office, violent crime has increased by 32% and gang-related homicides have nearly doubled. The Liberals are making life easier for violent criminals by repealing mandatory minimum sentences for gun crimes with Bill C-5. They have also made it easier to get bail with Bill C-75 and are failing to stop the flow of illegal guns across the U.S. border.

If the Liberals were serious about addressing public safety, they would listen to Canadians. Recently, I sent out a survey in my community in Kelowna—Lake Country, and the results were astonishing. More than 91% of people said that living in Kelowna—Lake Country had become less safe in the last eight years. This is not due to law-abiding local firearms owners.

Canadians are no longer feeling safe in their own country. There is a demand to get tough on crime, and these Liberals refuse to. Ninety-four per cent of people who filled out my survey said that our bail system is broken, and the overwhelming majority of respondents called for stronger sentencing, the return of minimum sentences and no bail for repeat offenders. A legacy of these Liberals will be disorder and a crime wave on Canada made worse by the Liberal, revolving door bail system.

Here is another part of the firearm legislation that will continue to evolve into the future with no debate in Parliament. There will be a firearms advisory council that will continue to add firearms to the banned list, and this group will be set up by the Liberals. That is the order in council list from May 2020. Regardless of what may be in this legislation, the list will continue to grow with no public consultation.

This firearms legislation has been a disaster from the beginning. It created so much uncertainty from the very moment the order in council occurred in 2020. Then there was the legislation and the dropping of last minute amendments at committee. There was public outcry, government backbenchers speaking out, and many law-abiding residents in my community and across Canada getting involved. This is how the Liberals govern: It is always a mess.

There are so many people that the government did not even consider when it was initially putting this legislation together. A resident reached out to me very concerned as he stated he was a local elite athlete competing in the sport of target shooting. Another issue that has been bought up to me by my local fish and game clubs is that law enforcement officers use the local ranges to train. If these local clubs are not able to sustain themselves because this legislation is making it just too difficult for residents to continue with their sport shooting and training for hunting, this could put in jeopardy the ability for law enforcement members to train. This is a real concern for the clubs and RCMP members I have spoken with.

I have heard from law-abiding firearms owners in Kelowna-Lake Country, who are licensed and follow all the rules. They are concerned with turning in firearms they have collected, and in many cases they have said that they have never used, as they may have been passed on from a deceased family member. They have them stored properly, and they say they have not been anywhere outside of proper areas.

We must strive for a balanced approach that respects the rights and freedoms of law-abiding citizens while addressing the underlying causes of gun violence. Rather than imposing blanket bans and restrictions, we should focus on comprehensive solutions that promote responsible firearm ownership, address mental health concerns, strengthen law enforcement efforts and combat the illegal trafficking of firearms. Canadians are suffering, and everything feels broken.

Conservatives support common-sense firearms policies that keep guns out of the hands of dangerous criminals and secure our borders rather than spending billions confiscating firearms from law-abiding citizens.

Criminal CodeGovernment Orders

May 16th, 2023 / 9:45 p.m.


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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, it is an honour to stand tonight and speak to the debate on Bill C-21, discussing firearms in this nation of ours, Canada. I am not simply standing here as a Conservative member of Parliament. I do not want to improperly represent anything or anybody, because the people I am representing here tonight are amazing people. They are not just people from my riding; they are people from right across this country who see this legislation as something nefarious, quite honestly.

I look at the whole process that the government, the NDP-Liberal coalition, has gone through in contortions of creating an order in council that banned certain firearms, then moving to handguns and then bringing in amendments to add in a huge plethora of other firearms to that list. Then it reneged on that and took the list away, and now it just has a definition. Whoever made that list up for the government had fun doing it, because it is clear they really did not understand the breadth of firearms on that list and how ridiculous it is that so many of them were even there.

When I am speaking here tonight, I am speaking on behalf of people across this country who truly understand firearms and know exactly what this legislation is. I get the impression that Liberals are talking about firearms owners, hunters, farmers and even indigenous people as those who do not really know what is going on here, and they are the ones who are speaking out.

As with so many issues in this House, we are standing on this side of the floor and I firmly believe we are the ones who are representing the majority of Canadians in this place, who see legislation brought forward that says one thing but suddenly there are all these additional amendments, or it is a bill brought in with nothing and everything needs to be added in after they have made their speeches about what it is.

It is very clear that what we have here is a government and its partner turning themselves into pretzels trying to figure out how to carry on with what they truly want to do. I can say very confidently that I hear over and over again that this emperor has no clothes. Canadians are seeing through what their intentions are. It is so clear because common sense does not exist in the majority of this legislation.

What we are supposedly talking about here is public safety and protecting Canadians, yet as the government is introducing this legislation and other pieces, crime in Canada has grown exponentially. There is no clear rational reason to focus on hunters, farmers and indigenous people who use firearms responsibly, safely and legally as a means of dealing with the violence we are facing, which is growing in our nation.

It is really clear that this legislation would not impact the important things in regard to violence in our country. Catch-and-release policies of the government have been brutal, where Canadians have become victims because it has been so poorly laid out. Now all of a sudden Liberals will say they are fixing this and fixing that. My word, it never should have gotten to where it needs to be fixed to this extent eight years into the government's mandate. Violent crime has increased 32%. Gang-related murders have doubled. People have been killed across this country in all kinds of scenarios in larger numbers, with no relation to the person who was attacking them in any way.

It seems the only focus of the legislation before us is on the law-abiding people in Canada, so that is a question that comes to me all the time, not just from people in my riding, but quite honestly from rural ridings right across the country. We know that on that side of the floor there are Liberal members who have barely won their ridings in rural Canada. We pit east against west, but rural Canada is rural Canada, and firearms owned by respectable, honest Canadians, rurally, should not even be considered by the government in trying to deal with the issues it has with growing violence in this country. It is the Liberals' poor mandates and it is their poor legislation that are opening up crime more and more in our country.

The new Liberal definition is exactly the same as the old one. It is simply under a new look and a new package, because that definition still describes many of the firearms that are used legally, that are used properly and that are not part of the dynamics of violence in our country. We do not support confiscating the firearms of law-abiding farmers, hunters and indigenous people, and we are on the right side of the Canadian public on this issue.

No one believes that going after hunters and legitimate hunting rifles would reduce violent crime across this country. This is part of the Liberals' plan to distract and divide Canadians, and we refuse to be divided on this issue. Right across the nation, the majority of Canadians agree that this emperor has no clothes. There is some reason behind this mandate that the Liberals want to press onto Canadians to remove the freedoms we have in this country to be law-abiding firearms owners.

The Liberals are making life easier for violent criminals by repealing mandatory minimum sentences for gun crimes with Bill C-5. How in the world does that make sense next to removing firearms from law-abiding Canadians? The Liberals have made it easier to get bail with Bill C-75, and they are failing to stop the flow of illegal guns across the U.S. border. I would suggest that they focus their energies on doing what would make the big difference on violence in this country, because as we have heard, and it is true, in cases where a firearm is used illegally and violently, it is about the person holding that firearm.

Maybe we need to do more research on who commits these crimes and why we let them out of jail over and over again to the point that, as we heard earlier today, the majority of crimes in our large cities, and New York City was actually mentioned as well, are committed by repeat offenders who get out and do it again, and then get out and do it again. The focus here is on law-abiding firearms owners: hunters, farmers and indigenous people. We support common-sense firearms policies that keep guns out of the hands of dangerous criminals.

I am going to switch to some comments where there is unity in this country on firearms. I am going to quote Vice-Chief Heather Bear from the Federation of Sovereign Indigenous Nations. She said:

When you go out to hunt, you're not just hunting. You're teaching your child courage and you're bonding. You are passing on protocols, ceremonial protocols, of how to look after your kill. There are the rites of passage, the reverence to the animal and the tobacco. Along with that tool come many teachings and also matters of safety. When you take a gun away, you take away the opportunity for that oral tradition to happen.

I am just going to quote something I said at the Parkland Outdoor Show & Expo in Yorkton, the largest outdoor show in Canada, where the focus is on outdoor activities. I said, “The Parkland Outdoor Show & Expo champions our great outdoors heritage by celebrating nature, environment, hunting, angling, trapping, hiking, camping and more. What impacted me the most as I reflected on my experiences year after year with this event is the visible passion and joy I see for those who spend quality time with family and friends while they are teaching skills, respect and how to deeply enjoy the great outdoors to the next generation.”

“On behalf of the federal Government of Canada,” I said, “and as the member of Parliament for Yorkton—Melville, serving His Majesty's Official Opposition, with an amazing group of people, under the servant leadership of the Leader of His Majesty's Loyal Opposition, I thank them for enjoying, promoting and valuing Canada's natural beauty, our heritage and outdoor traditions— ”

Criminal CodeGovernment Orders

May 16th, 2023 / 8:45 p.m.


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Conservative

Martin Shields Conservative Bow River, AB

Madam Speaker, this is an interesting evening and an interesting debate, but we need a little history when we are talking about guns.

The Chinese invented gunpowder, and by the 10th century they figured out how to put it in bamboo and invented guns. By the 13th century, we had the old metal barrels attached to them. By the 17th century, we figured out how to do muzzle loaders. By the 20th century, there was the Lee-Enfield gun and the Ross rifle. In the First World War, Canadians were quickly dumping the Ross rifle, a beautifully made Canadian gun that had no place in the trenches of World War I, so they could find a Lee-Enfield. By the way, we still use that rifle in an indigenous context, and the rangers in the north are still using the Lee-Enfield rifle. The Canadian Ross rifle is long gone. Today, the most popular hunting rifle in Canada is the .30-06 Springfield gun.

I have shot a .30-06. I am not an avid hunter, but I have shot most guns. When I grew up, as kids we started with air rifles and then moved up to BB guns. Yes, we had those, and our mothers always warned us that we were going shoot each other's eyes out eventually with those things. We were pretty good at taking them apart, putting them back together, finding other parts and making them work. However, we did progress to the bigger guns as we got older.

To the point we are talking about, the Prime Minister has said, “there are some guns, yes, that we're going to have to take away from people who were using them to hunt”. That is concerning, in a sense. Some people say we are out there spreading falsehoods and not talking about the truth, but when the Prime Minister says that, people get a little concerned.

There is a list of places in my riding. There is the Bassano Gun Club, the Brooks & District Fish & Game Association, the Brooks Pistol & Smallbore Rifle Club, the Mossleigh Gun Club, the Taber Pistol & Revolver Club, the Taber Shooting Foundation, the Vauxhall Fish & Game—Rod & Gun Club, the Hussar Fish and Game Club, the Milo gun range and the Vulcan and District Gun Club. These are shooting groups within my riding.

There is a report out there about violent crime. It said that of all instances of violent crime in Canada, a rifle or shotgun was present in 0.4% of cases. There is a lot of violent crime, a 32% increase, but very little has a rifle or shotgun.

It has been said many times in the House today that the Liberals introduced legislation by order in council. They have put about 1,500 types of guns in there. That did not go so well, so finally they introduced legislation, Bill C-21, about a year later. Then it headed to committee stage, and at the end of the committee stage, the Liberals dropped in a bunch of amendments, 500 pages' worth of them. We pushed back, and they withdrew those. Then they finally introduced more legislation.

We can tell that legislation is really flawed when the government brings in a zillion amendments to its own legislation. It is nuts. We can tell how flawed it is through the process that has been going on for three years. It is not well-designed legislation and will not work in the end.

Last, the Liberals put in an advisory committee. What is the advisory committee for? It would get to define more stuff afterwards. What? It is not in the legislation, other than that it is there. More consultants are going to be hired to figure out how to do an advisory committee.

The root cause of this, in my mind, is legislation that has been passed, Bill C-75, on bail reform. The police, whom I have met with a lot over the years, for rural crime in particular, work really hard to solve crimes and find criminals. However, after the police get the criminals charged and go to all that work, those guys are out in the parking lot in their vehicles before the police can get out of the courthouse. They are out there stealing another car before the police can get out of there.

The bail reform bill the minister announced today does not go anywhere near covering the problems we have with Bill C-75. Violent crime is up 32%.

I want to talk a bit more about the organizations in my riding. One of them is the Brooks Pistol & Smallbore Rifle Club. It had an economic study done. It found that for events in 2021, $337,000 came in from non-residents to this one gun club in my riding. The economic output for that year for one gun club was $1,088,000. That is one club out of the many I listed. Some 46% of people spent more than $500 a person in my community on accommodations and food. This is what those organizations do and this is what the government wants to get rid of.

Sport shooting furthers youth in firearms training, local hunter education, and safety in firearms and handling courses. There is a place where the local police and conservation officers come for their training and recertification, but this legislation would get rid of it. Sport shooting is a huge part of our communities. I listed the different places in my riding where people learn how to properly use sport shooting equipment. What this piece of legislation is going to do is eliminate them.

How about Canada-wide, as that is one constituency? Regarding the impact on sport shooters in Canada, according to a survey conducted in 2018, Canadians spent an estimated $8.5 billion on hunting and sport shooting, with Albertans accounting for more than $1 billion of that number. A survey also found that the recreational firearms industry accounted for 48,000 jobs. Small businesses that have an inventory of things to support sport shooting are now going to lose part of their businesses. Part of their businesses, the government says, is going to be illegal. Sport shooting is done.

Sure, we will grandfather the people who have them. However, what we will have is a bunch of old people like me left in the gun clubs because that is who will be left with the guns. New youth will not be trained, will not know how to use them and will not be involved in competitions. This hurts small businesses in this country.

I want to go back to my quote one more time. The Prime Minister said, “there are some guns, yes, that we're going to have to take away from people who were using them to hunt”. The problem we have here is that people do not understand sport shooting. In a rural area like mine, guns are tools that families grow up with. They are tools in the ranching business and in the farming business. They are useful tools and needed tools.

This piece of legislation is flawed. It has been three years making its journey to where it is now, and it will not work in the end. It is not going to deal with illegal handguns. The problem we have is gang violence and criminal activity, and this will continue on. This legislation will not stop it. In fact, handguns will become more valuable on the black market, and the criminal element is going to make money off that. This is a flawed piece of legislation and it will not solve crime.

Criminal CodeGovernment Orders

May 16th, 2023 / 8:30 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I am glad to be joining this debate at this late hour. I have been sitting through many hours of debate on this particular subject of Bill C-21.

I will begin by thanking constituents again for returning me to Parliament. It has been a few years now since the election, but I am thankful every single day that I can represent them in this House. Part of my thanks for them will be that I am going to read into the record later many of the emails I have received with respect to Bill C-21 from hunters and sport shooters who are upset that the government is continuing on with Bill C-21.

I want to begin, though, with a quote from someone I consider an expert on firearms legislation, Dr. Teri Bryant, Alberta's chief firearms officer:

Even after the withdrawal of G-4 and G-46, Bill C-21 continues to undermine confidence in our firearms control system while contributing nothing to reducing the violent misuse of firearms. Bill C-21 is built on a fundamentally flawed premise. Prohibiting specific types of firearms is not an effective way of improving public safety. It will waste billions of taxpayer dollars that could have been used on more effective approaches, such as the enforcement of firearms prohibition orders, reinforcing the border or combatting the drug trade and gang activity.

That is just common-sense Alberta right there from a well-known Albertan, for many of us.

The original definition of a firearm, or what I will call the old definition used by the government, was: “...a rifle or shotgun, that is capable of discharging centre-fire ammunition in a semi-automatic manner and that is designed to accept a detachable cartridge magazine with a capacity greater than five cartridges of the type for which the firearm was originally designed,...”.

That original definition alone was in proposed clause G-4, and I have rarely seen so many emails received in my constituency office, that were written by people who were upset that they were being targeted after having done nothing. They were simply sport shooters and hunters who, through no fault of their own, were being targeted by the Minister of Public Safety. Now the Liberals have changed the definition to something new.

It says now, “It would include a firearm that is not a handgun...”, and I draw attention to “not a handgun”. It continues, “...in a semi-automatic manner and that was originally designed with a detachable magazine with a capacity of six cartridges or more.”

I will note also that in the French version of the legislation they have dropped the reference to fusil de chasse, and now are using a very odd wording that looks like bad French maybe, but fusil de chasse for most francophones anywhere would mean hunting rifle, which is what the Prime Minister said was the intent of Bill C-21. It was exactly to go after hunters. He himself said, outside of the House, that some hunters would have to lose their hunting rifles. That was the purpose of Bill C-21.

I go on now to some of the comments made by my colleague, the member for Kildonan—St. Paul, again drawing attention of people to comments made by the public safety minister. I have more to expand on that, too. He called into question the fact that in the future, they will have to do something about “permanent alteration of magazines”. Now, permanent alteration to magazines of any sort would go a step further than what is being done now and would impact many firearms.

I want to draw attention of the House to the fact that changing magazines would also require changes to a firearm like the Lee-Enfield, a very popular British firearm until about the 1950s. It was used broadly in World War I. It is a firearm widely used in Canada by many indigenous hunters. Many hunters in my riding have these firearms that were passed down through generations. Requiring them to alter that magazine would basically destroy the firearm. That is something the public safety minister is musing publicly. When I see other members of different parties say to trust them and it is written in the legislation, why would we trust them? Why should any hunter or any sport shooter trust them? There are 2.3 million firearms owners in Canada. Why should any of them trust what the Liberals have said so far?

I will draw attention to one more fact that kind of disturbs me. It is that the public safety minister, when Bill C-21 first came in, said there was a public safety crisis across Canada. He said that there were these “assault-style rifles” and then said it was a public emergency that Bill C-21 needed to be passed right away. Now in this legislation, months and months later after so much public blowback, the Liberals are grandfathering all previous firearms. Therefore, now it is okay to have these so-called by his own words assault-style rifles and now they are grandfathered in. They are not affected; only future firearms are affected. It is actually a point that has been made by several members of the Bloc and by the New Democrats as well that it is only future firearms that have not been manufactured yet, and hunters should be satisfied with that.

One, two or three generations from now, these firearms will get older, break down, be lost or damaged through use or misuse or simply be sold off due to families not wanting to keep them anymore because there is so much licensing involved. The Liberals are talking about the future. There will be a dwindling number of hunters, and the intention of the government is to dwindle them down. The public safety minister claimed there was this crisis going on, that we must seize these firearms from lawful firearms owners, that they should be taken away from hunters, and now, suddenly, we do not have this crisis. Now it is suddenly okay. Now they are grandfathered. I find that interesting. Constituents pointed it out to me.

More seriously, though, a member is a former member of the RCMP, in I Division. We used to joke in our caucus that decades ago, if we heard a cough at the end of our analog phone line, it was probably I Division listening in. The member was an RCMP officer. I was looking at the statistics for how many peace officers and police officers have been killed. In the past 20 years, 40 police officers and peace officers have been killed in the line of duty, 11 in the last 30 months and eight in the last nine months.

The reason we are going down this dark path is government legislation that has been passed since 2015. Bill C-21 is trying to make up for the errors the Liberals have made in criminal justice legislation, from Bill C-75 that hybridized a bunch of offences to Bill C-5. In Bill C-5, they changed things like extortion with a firearm, weapons trafficking, importing or exporting, knowing the firearm is unauthorized, discharging a firearm with intent, including things like drive-by shootings, possession of a firearm, knowing its possession is unauthorized or illegally possessing a firearm. None of those have mandatory prison time any longer. The offenders serve their time at home if the judge determines that is appropriate.

I have a Yiddish proverb, before I read some thoughts from my constituents, who are my bosses. The proverb is, “The truth comes out like oil on water.” It percolates right to the top. I have been listening to the speeches and interventions by different members so far in this House. Again, we were told by the public safety minister that there was an urgent public safety crisis on our streets with these Black Stock firearms that should be taken off our streets, and now, suddenly, they are all grandfathered in. That has now become a talking point with some members. Something has changed. What has changed is low polling numbers and bad emails from upset constituents.

I will read some emails from my constituents, but I will only use their first names because I do not want the government to go after them. Ryan said, “Today, the federal Liberal government and their disgusting coalition with the federal NDP, as well as the Bloc, shut down the possibility of any further debate around their proposed amendments to C-21. The plan moving forward will be to appoint a meaningless panel that will essentially prohibit any firearm that they see fit.” A wise man is this Ryan. He knows exactly where this is going with this so-called firearms advisory committee. He went on to say, “All whilst completely disregarding the long heritage and tradition of firearms in Canada. This is a vicious slap in the face to the millions of responsible PAL and RPAL holders in Canada.”

I should probably disclose to Ryan and other constituents that I do not have a PAL or an RPAL, but I do appreciate the fact that they have a right to hunt and sharp shoot.

Christina and Maury said, “Considering the unethical and unconstitutional implementation of Bill C-21 originally, I would suggest that the bill be scrapped in its entirety.” Terence said, “Stop motion on Bill C-21.” Matthew said, “I'm not asking to kill the bill but vote against the Liberals' motion to ram the bill through the House without proper representation and debate.”

Craig said, “What the Liberals are doing is not democratic or constitutional. As a law-abiding firearms owner I feel insulted this bill is before us in the first place. We are not the issue, the criminals are the issue and yet it feels like they are getting a free pass.” Darren said, “This federal government is circumventing democratic and parliamentary due process and it must be stopped.” Another Matthew said, “I want it also to be known that I strongly oppose bills C-11, C-15 and C-21.”

When the general public knows the numbers of the bills, we know that there is a problem. We know that the oil has floated up to the top of the water, and the common-sense Canadian is seeing that Bill C-21 makes no sense.

An email from Brian said, “Like the many law-abiding hunters, farmers, sport shooters and indigenous peoples in this country I feel betrayed [by the Liberal government].” Pat said, “It will cost taxpayers upwards of a billion dollars, money that would be better spent on increased monitoring of our borders to prevent gun trafficking.” Lee-Ann said, “Those of us who own guns have gone through training and vetting to be able to legally purchase and own these guns. We are responsible members of society who are being unfairly penalized because of leftist ideology, and it needs to be stopped.”

Criminal CodeGovernment Orders

May 16th, 2023 / 8:15 p.m.


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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Madam Speaker, I am pleased to speak out today concerning Bill C-21.

It is National Police Week, and today we stand with the women and men of the OPP, their families and their friends, who have seen three of their own shot, one of whom, sadly, has passed away. Since September 2022, we have seen 10 Canadian police officers killed in the line of duty. This trend cannot be allowed to continue. One soul taken is one too many. There is an illegal gun problem in Canada that needs to be addressed. Police officers go to work every day, leaving their families behind, to protect Canadians. They know they might not make it home at the end of the day. It is the responsibility of lawmakers and the House to do what we can to support and defend the police who protect us all.

Unfortunately, the current government is all set this week to point its ideologically driven legislative guns at law-abiding Canadian hunters, sport shooters, guides, outfitters and farmers to solve the problem. That will not work. It appears that the government, with the support of the NDP, has replaced an evidence-based system with a politically driven, ideologically based system void of evidence. How else can we explain the war on hunters in Kootenay—Columbia? The constituents in my riding are perplexed by this, so, on their behalf, I recently asked the Minister of Public Safety if he could share with me what percentage of crimes were committed by criminals with illegal guns versus the percentage committed by law-abiding Canadians who have legal guns. In an evidence-based legislative system, this is a logical question to ask. It requires a logical answer based on the facts of what is actually happening on the streets and communities across our country. I received a non-answer from the minister.

Today, I would like to answer that question for all Canadians, and specifically those in my riding of Kootenay—Columbia who have been in contact with my office expressing concern over the actions of the government. After 35 years of policing, I know the answer: very few legal gun owners using legal guns. This is the truthful answer that the public safety minister refused to provide Canadians. The facts and evidence around gun crime are inconvenient for the current government, so it conveniently ignores them.

Conservatives will not ignore them, and will continue to stand up for law-abiding Canadians. We will go after gangs and organized crime and will provide our policing agencies and border services with the funds needed to effectively stem the importation of illegal guns. Targeting hunters like Bill in Yahk, who uses a legal firearm to put food on his family's table, will not solve the problem. Targeting responsible sport shooters like Ron in Salmo, who uses a legal restricted firearm for sport and competes internationally, will not solve the problem. Targeting hard-working farmers like Mike, who uses a legal firearm to protect himself from bears while out in the field, will not solve the problem.

I agree we need to have gun laws, but the government is targeting Canadians who have legal guns. Why does it not go after the ones who have illegal guns, the criminals? Why does it not redirect the billions of dollars it plans to spend on the confiscation program into education programs? Successful crime prevention, again, not directed at lawful Canadians but at gangs and organized crime, starts with youth and must continue throughout their life. Education programs steering our youth away from gangs and organized crime can be successful when delivered at the right time.

The government should scrap Bill C-21. It is not effective and will not be successful. Once again, there is a fundamental difference in approach between the current government and the government-in-waiting. On this side, we have an evidence-based approach, and on that side they have a politically driven, ideological approach. It is not just with respect to guns that we see this approach failing, but also on housing, violent crimes, bail policies and addictions. After eight years, it all feels broken. The evidence will not be found on the front step of Sussex Drive but is happening in real time in cities like Cranbrook and Nelson, in my riding, where chaos and disorder are rampant.

Over the last eight years, our communities, people and brave police have become less safe, with a 32% increase in violent crime and a doubling of gang murders. We need to immediately bring in tougher laws to address serious, violent offenders. We must end the catch-and-release bail system. We need serious sentencing laws to ensure that violent offenders are kept in prison. We need to support our police by giving them the laws and tools they need to do their job and keep them safe. Several high-profile violent street crimes are in the news. These crimes are often committed by offenders released on bail or parole. This crime wave is causing Canadians to feel less safe taking transit or simply being out in their community. Police associations, provinces and other stakeholder groups have called, for months, for significant bail reforms, stricter penalties and other measures to enhance safety.

Just recently, a man in B.C. was given only 67 days in jail before becoming eligible for release after a violent, random assault on a 70-year-old person who was on a bus. Our communities feel less safe, and the government is doing nothing to stop it. Under current justice laws, mandatory minimums on some gun crimes have been reduced, and we see violent offenders released back on the streets, sometimes the same hour they are arrested. The catch-and-release system puts everyone at risk.

Canadians deserve to feel safe in their community, and repeat violent offenders deserve jail, not bail. The government-in-waiting would bring back mandatory jail time for serious violent crimes, which was repealed by the government, and would crack down on the easy access to bail in Bill C-75, which makes these tragedies more likely. We would bring in bail rules that would ensure serious repeat violent offenders remain behind bars as they await trial. We would put the safety of Canadians first and we would do what is necessary to keep violent criminals, gangs and organized crime, those who are perpetuating gun violence, where they belong, behind bars.

To my constituents, I would say that the government has tried a few variations of Bill C-21, using legislative tricks and last-minute amendments. Each time, the Conservatives have forced them to be accountable to Canadians. However, the public safety minister recently introduced new amendments to the bill to create a definition by which new firearms would be banned. The minister also announced that he would appoint a firearms advisory committee, which would determine future bans of firearms that are presently owned by law-abiding Canadian gun owners. It is expected that, between these measures, most of the firearms previously targeted by the Liberal amendments last year, including hunting rifles, would also be targeted for future bans.

The government passed Bill C-21 through committee late in the night by heavily limiting debate on clauses and amendments. Let me be very clear. The Liberals have not changed their ideology; they are simply changing their approach to this legislation, which would allow them to decide, without consultation with the members of the House, the people's representatives, which hunting firearms they would confiscate and which ones they would allow. The Prime Minister already admitted that taking hunting rifles is his goal, when he said, “Our focus now is on saying okay...yes...we're going to have to take [them] away from people who were using them to hunt.”

Instead of going after the illegal guns used by criminals and street gangs, the Prime Minister is focused on taking hunting rifles and shotguns from law-abiding farmers, hunters, sport shooters and indigenous peoples, with the support of the NDP. The new definition of firearms to be banned is the same as the old one. It is safe to assume that the commonly used hunting firearms targeted by the government this past fall would be added to a ban by the new government-appointed firearms advisory panel.

Ramming the bill through committee in the dead of night is evidence that the government wants to circumvent democracy, stifle debate and take firearms away from law-abiding Canadians without their knowledge. This ban is not about handguns or so-called assault-style firearms; it is about the government taking steps to confiscate hunting rifles. Canadians are wide awake to these tactics. Conservatives support common-sense firearm policies that keep guns out of the hands of criminals. The government-in-waiting would invest in policing and a secure border rather than spending billions confiscating firearms from law-abiding farmers, hunters, sport shooters and indigenous Canadians. We would crack down on border smuggling and stop the flow of illegal guns to criminals and gangs in Canada.

If the House is serious about returning safe streets to Canadians, we will vote on Bill C-21 based on evidence, not ideology, and we will lay responsibility of gun crime and lost souls at the feet of those responsible: criminals who use illegal guns.

Criminal CodeGovernment Orders

May 16th, 2023 / 6:15 p.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, it is difficult to imagine I waited an extra hour for that question.

The problem with the Liberal government is that it hides one or two small, good parts in a massively flawed bill. If it was so concerned with the so-called ghost guns, the government should introduce legislation to address that, not hide it in this overall package so it could fundraise in municipalities and urban areas, pretending Liberals are against gun crime, when in fact they are promoting it with Bill C-75 and other actions on their part.

Criminal CodeGovernment Orders

May 16th, 2023 / 5:20 p.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, I am pleased to rise to speak to Bill C-21. It is an act to make certain consequential amendments in relation to firearms, which is really the government's way of saying that this is a bill to confiscate hunting rifles from law-abiding farmers, hunters and indigenous people, and distract from the real issue of the crime wave that is going on in Canada right now. That is really what this bill is. It is purely a distraction to distract from what is going on in our streets, on our subways and in some of our schoolyards right now. It is another virtue-signalling bill from the current government, to pretend it is going to do something about smuggled handguns, illegally attained guns and gang violence, but not actually do anything.

It is a distraction bill to take the focus away from the disastrous result of the Liberals' soft-on-crime bills, Bill C-5 and Bill C-75. It is a distraction from the multiple police officers who have fallen on the job very recently and the random stabbings in Toronto, the Lower Mainland and my hometown of Edmonton. All these random attacks hurt, but the one in Edmonton strikes very close to home. A mother and her 11-year-old child were stabbed to death in a schoolyard park. EPS police chief, Dale McFee, commented on the attack. He said it was “completely random. In no way could the victims have anticipated what would happen to them. There is no making sense of this.” This was a mother and her daughter who were in the playground of a schoolyard. A person drove up, got out of his car, stabbed them to death and just left. It was completely random. The police chief said, “There is no making sense of this.” I agree with Chief McFee that it makes zero sense that this would happen. He also said that the victims could not have anticipated the attack, and I agree with that as well.

However, here is the kicker: The court system could have anticipated this attack, and should have, and we should have had laws to protect this family. The killer had been released just 18 days earlier, on bail from a previous assault. He had a record. The killer was only 33 years old, and he had a record going back 14 years, having been in and out of jail, released on bail, and having had constant charges of assault with a weapon. He was in and out of prison repeatedly. There were robberies. He had stabbed someone who was just sitting on a bus bench. His parole documents stated to him, “You were armed with a knife and stabbed your victim once in the upper back. You then fled on foot. Your victim's injuries include a punctured aorta and a laceration to his spinal cord.” These are not simple injuries. This is attempted murder, yet he was back out on the streets. Between committing that crime and committing the murders in Edmonton, the attacker assaulted a corrections officer and two inmates, and was released, despite the warnings from parole officers. We have to ask where we have heard this before. He was sent back to prison after testing positive for meth, but was released again and assaulted four more people; three of them were assaulted with weapons. He attacked a 12-year-old on the bus just last year, and on the same day was charged with assaulting someone else. Then, he assaulted someone else with a weapon. He was sent to prison on April 14 for another assault and then released on bail. He then went on to murder someone and her young child.

That is what the Liberals are trying to distract from with this bill. It is to distract from their disastrous catch-and-release laws that they have inflicted upon Canadians. The Liberal government will sit and say that it fixed catch-and-release today. However, for five or six years now, the Liberals have denied it was a problem. I want to quote the present public safety minister, in debate. He said that this would simplify the release process “so that police and judges are required to consider the least restrictive and alternative means of responding to a breach, rather than automatically detaining an accused” and that “police would...be required to impose the least onerous conditions necessary if an accused is released.”

A mother and her child are dead in Edmonton because of this law. The Liberals can claim that they are fixing it, but they had half a decade to do something, with warnings from the police chief, warnings from the opposition bench and warnings from the premiers. It is not good enough that they are saying, “Well, we're going to play around with it today. Everything is fine.” It is not fine.

I want to go back to Edmonton police chief Dale McFee. We are talking about the catch-and-release program. For a three-year period, Edmonton saw a 30% increase in shooting victims. Chief McFee stated that the biggest problem is building to attack gang violence, and that most of the problem is gangs and organized crime. It is not a law-abiding hunter going out for a catch. It is not a farmer with his shotgun plinking away at varmints or pests. The police chief says it is organized crime and gangs. Subsequent to Bill C-75 being introduced, 3,600 individuals were arrested for violent crimes in Edmonton in a one-year period. Two years after that, 2,400 of those 3,600 reoffended, a total of 19,000 times, including 26 homicides. That is the result of Bill C-75, the catch-and-release program of the government. That is what this government is trying to distract from. Instead of going after criminals, repeat offenders, they want to confiscate shotguns and hunting rifles from hunters, farmers and indigenous people. The government should be going after the criminals and trying to make life miserable for them, not trying to make life miserable for law-abiding hunters and farmers.

Canadians should not be fooled by this new bill, Bill C-21. The Liberals brought in some amendments and said, “Oh, we fixed all your concerns.” Canadians should not be fooled by this. The Liberals' so-called new definitions are basically the same as the old ones that are targeting hunting rifles. The same ones that they went after before, they will go after again. I do not think anyone should believe that this new Liberal firearms advisory panel would be any different than what they had proposed previously.

This is the same government, members will remember, that politicized the Nova Scotia shooting tragedy. It is the same government that said that it was the police forces that recommended the Emergency Act, but we asked the Ottawa Police Service and the RCMP, and they both said no.

Criminal CodeGovernment Orders

May 16th, 2023 / 5:05 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I am pleased to have the opportunity to rise to speak to Bill C-21, an act to amend certain acts and to make certain consequential amendments, firearms, at report stage. The bill has gone through quite the journey in this place, filled with huge backtracks, misleading statements from the government, and the repackaging and introduction of previously repealed amendments.

As a reminder, let us look at that journey. The introduction of Bill C-21 was first announced at the end of May last year, with all the fanfare that the government could muster when trotting out yet another misguided and ineffective policy. The Liberals claimed the bill would, among other things, ban the future legal sale of handguns in Canada, increase the allowable penalties for gun smuggling and trafficking, and introduce new red-flag provisions that may allow law enforcement to remove firearms from a dangerous domestic situation more quickly.

Shortly after seeing the bill, Conservatives attempted to introduce the following motion:

...that given that the debate on combatting gun violence needs to be depoliticized and centred on the rights of victims and the safety of communities, the House should call on the government to divide Bill C-21 into two parts to allow for those measures where there is broad support across all parties to proceed separately, namely curbing domestic violence and tackling the flow of guns over the Canada-U.S. border, from those aspects of the bill that divide the House.

Conservatives were clear. We supported the elements of Bill C-21 that were focused on protecting potential victims of gun crime and tightening up laws that address gun smuggling. Unfortunately, the Liberals were not willing to back down on their political agenda and separate the ineffective and divisive parts of their bill that would do nothing to stop gun violence and provide no benefit to vulnerable Canadians. They blocked this common-sense motion, proving they were more interested in playing division politics than addressing gun violence in Canada.

I will fast-forward to November, 2022, when the Liberal government introduced amendments to Bill C-21 that would have banned millions of hunting rifles with a new prohibition of any “rifle or shotgun, that is capable of discharging centre-fire ammunition in a semi-automatic manner and that is designed to accept a detachable cartridge magazine with a capacity greater than five cartridges”.

For weeks, the Liberals denied that their amendments would outlaw any hunting rifles, then the Prime Minister finally came clean, this past December, and admitted that the government’s amendments would outlaw hunting rifles. While speaking to CTV News he said, “there are some guns, yes, that we’re going to have to take away from people who were using them to hunt.”

The Prime Minister finally admitted what the Liberals had been denying the whole time, which was that the Liberal government, with the support of their NDP allies, were going after law-abiding Canadians. Thanks to the leadership and hard work of the member for Kildonan—St. Paul and my Conservative colleagues on the committee, Canadians were made aware of these attempts by the government to attack the rights of law-abiding citizens. The backlash to the attempts of the government was rightly fierce, and the Liberals retracted their amendments, supposedly learning a lesson.

However, we soon learned that they were just biding their time, waiting to try to catch Canadians off guard. Earlier this month, the public safety minister announced new amendments to Bill C-21 to create a definition by which new firearms would be banned. The minister also announced that he would appoint a firearms advisory committee that would determine future bans of firearms that are presently owned by law-abiding Canadian gun owners.

To be clear, the new Liberal definition is the same as the old one, and the new amendments that were brought to the committee were simply original amendments in a new package. It is expected that, between these measures, most of the firearms previously targeted by Liberal amendments late last year, including hunting rifles, would once again be targeted for future bans. It would seem the only lesson the Liberals learned was to give Canadians less time to object to their amendments, so they could force them through and try to cover it up.

That is why the government used some of the most heavy-handed tactics the House has seen, by moving to limit debate on Bill C-21 at committee in an attempt to pass the bill before the break week at the end of May. The Liberals forced multiple midnight sittings of the public safety committee, two of which I did sit in on. They passed Bill C-21 through committee in the wee hours of Friday morning last week by heavily limiting debate on over 140 clauses and amendments.

Even more surprising, both the NDP and the Bloc supported this heavy-handed attempt to pass the bill. They supported the government in enforcing strict time limits at the public safety committee and shutting down debate in the House. It would appear the governing party has suddenly grown by 57 members, which brings us to today and midnight sittings again being scheduled for this week to ram this bill through report stage.

I represent a rural riding. I represent thousands of hunters, farmers, sport shooters and indigenous Canadians. I know they are not supportive of this bill. They have told me. The sentiment from my constituents has been clear. They do not support Bill C-21, and they think it will do more harm than good.

Betty from Delisle raised concerns with the bill that many of my constituents have raised with me. She noted that this bill would target and severely handicap hunters who are trying to feed their families, noting it would cause another skill, which was a staple of our ancestors, to disappear. She also noted this bill would go after target shooting, stating that this bill would have negative consequences for gun clubs that offer training to young people as an activity that keeps them off the streets and away from bad influences. These sentiments are the same as those of rural Canadians across the country.

In fact, the backlash from rural Canadians forced the NDP to backtrack on its support for the government’s initial amendments last time. There are several NDP MPs who represent rural ridings, and my hope, although it is waning, is that they will stand up to the Liberals, stand up for their constituents on this issue, and fight for them here in Ottawa.

The truth of the matter is that this bill is an attack on law-abiding citizens who are legal gun owners. Hunters, farmers and indigenous Canadians will not be fooled. They know this is part of the Liberal plan to distract and divide Canadians. No one believes going after hunters and legitimate hunting rifles will reduce violent crime across this country.

This bill is also a distraction, another attempt for the government to distract and divide. It is targeting law-abiding gun owners to distract from its failures on public safety. The Liberal government has given easier access to bail for violent, repeat offenders through Bill C-75. In doing so, it ensured that violent offenders are able to get back onto the streets more quickly. It has removed mandatory minimum sentences for gun crimes with Bill C-5, and it has failed to stop the flow of illegal firearms coming across the U.S. border.

Instead of going after the illegal guns used by criminals and street gangs, the Prime Minister is focused on taking hunting rifles and shotguns away from law-abiding farmers, hunters and indigenous peoples. We know going after hunters and hunting rifles will not reduce crime across the country. The government needs to come clean with Canadians. The only thing worse than doing nothing is pretending to be doing something when one is not.

Conservatives believe we must ensure at-risk and vulnerable Canadians are protected. We must target the criminals and gangs responsible for rising gun violence in Canada. That is why, under the leadership of the member for Carleton, we will continue to support common-sense firearms policies that keep guns out of the hands of dangerous criminals and ensure there are strong consequences for those who commit gun crimes to make our communities safer.

Criminal CodeGovernment Orders

May 16th, 2023 / 4:15 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, I read the bill this morning and was shocked at its lack of understanding of the total issue. If we look at what is actually being proposed in the legislation, it barely begins to scratch the surface of the issues affecting Canadians with the violence in our communities.

If we look at the restrictions placed on the types of offences that are going to be covered, it is a start. With Bill C-75, the Liberals were warned to begin with about what exactly it was going to cause and were told to stop it. They did not, and now they have to backtrack and try to fix it.

It does not go far enough. It is a beginning, and it certainly is not something that I can support in its entirety. It needs a lot more work.

Criminal CodeGovernment Orders

May 16th, 2023 / 3:40 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I am happy to rise again to continue speaking to Bill C-21.

I mentioned before that I do not think there could be any more stark a contrast between Conservatives and all the other parties in the House, as Conservatives are the only ones who will defend the rights of law-abiding firearm owners in this country. I said earlier, and I have said many times in this debate about Bill C-21, that Liberals and the members of all the other parties seem dedicated to eliminating firearm ownership in this country by one small cut after another, particularly hunting rifles.

We have been saying that the Liberals have been going after Canadians' hunting rifles, which the Liberals have adamantly denied. Then, just before Christmas, when nobody was working and nobody was watching, the Liberals introduced an amendment to Bill C-21 that would have, in fact, banned many hunting rifles in Canada.

The Liberals were caught with that, so they repealed, or pulled back, that amendment. It is no longer a part of this bill. The Liberals have been quick to point that out, but we know that their true intention is to ensure that firearm ownership is onerous, if not outright illegal over time, in Canada. I must say this more often: Only Conservatives will stand up for the rights of law-abiding firearms owners in Canada.

It was fascinating to watch the NDP members do somersaults on this particular bill. Initially, the New Democrats were supportive of the amendment, and then they were not supportive of the amendment. It took them some time to come to this position, so we are happy to see that they came to, saying that they did not support that amendment, but here we are.

Again, members might be wondering what the major difference between Conservatives and Liberals is when it comes to this particular bill. It goes back to the idea of right and wrong, good and evil, and the fact that Conservatives believe that good and evil live inside of everyone. The line between good and evil cuts through the heart of humankind. It is not instruments that are inherently evil, but it is the actions or thoughts of humanity that can be evil. That is what we need to deal with in this.

We have seen that the Liberals, time and again, every time there is a tragedy that involves firearms in this country, right away want to ban firearms, yet when it comes to treating hardened or violent criminals in this country, they introduce bills, such as Bill C-75, that reverse the onus on bail, let violent criminals out of jail quicker and reduce minimum sentences. They talk about maximum sentences, but one of the things we need in this country are minimum sentences, where people who do the crime would go to jail for a minimum amount of time. Over and over again, we have seen the government remove those minimum sentences, and some of those minimum sentences were brought in by previous Liberal governments in the 1990s. The Chrétien Liberals brought in these minimum sentences. It is only now that the current Liberal government removed them with Bill C-75.

We see that there is a misunderstanding of where evil comes from. Evil does not come from instruments. It does not come from inanimate objects. It comes from human beings who enact evil. The Christian world view talks about sin and that there is a missing of the mark, a right way to live and a wrong way to live. That is what we are living with when it comes to violent criminals who are using firearms in terrible ways.

Firearms have been in long-standing use in Canada. I have to say that they are a big part of our history and a big part of our heritage. Firearm ownership ought to continue to be available to Canadians across the country. I am excited to pass that heritage on to my own children.

Bill C-21 would do nothing to enhance public safety here in Canada, as Canada has some of the most well-regulated firearms—

JusticeOral Questions

May 16th, 2023 / 2:45 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, as I have said many times, the justice system and the penal system cannot be reduced to a mere slogan. To improve the system and ensure that Canadians have confidence in the system, we must work with the provinces, territories, stakeholders and police associations.

That is exactly what we did for Bill C‑75. That is exactly what we have done for Bill C‑48. That is exactly the government's approach, and it will yield results.

JusticeOral Questions

May 16th, 2023 / 2:45 p.m.


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Conservative

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

Mr. Speaker, all the government is trying to do is fix the mistakes it has made in the past few years.

The legislation resulting from Bill C‑75 is a mistake; the government is trying to fix it, but has not yet succeeded. Bill C-5 is a serious mistake; it must be fixed. All the government is doing at this time is making mistakes that cause problems in the system of checks and balances for public safety.

Can the minister confirm today that the bill he introduced will completely solve the legal problem arising from Bill C‑75, yes or no?

JusticeOral Questions

May 16th, 2023 / 2:45 p.m.


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Conservative

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

Mr. Speaker, ever since Bill C‑75 was passed by the NDP-Liberal coalition, criminals no longer fear law enforcement officers because they know they will be released the same day.

We are currently marking Victims and Survivors of Crime Week. Since 2015, under the Liberal government, this seems to be the era of repeat offenders, while victims come second.

The premiers are certainly going to ask that the Prime Minister fix this colossal mistake, this legislation resulting from C‑75. Will he do it?

JusticeOral Questions

May 16th, 2023 / 2:45 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, the fact remains that this minister celebrated when the Liberal government's catch-and-release policies were brought in by Bill C-75. We need an entire overhaul of the Liberal system that has created the violent crime surge across the country and has led to the deaths and harm of innocent Canadians from violent repeat offenders.

The reality is that the only way this gets fixed, the only way that violent repeat offenders get jail, and not bail, and the only way that the rights of victims are put first, is with a Conservative majority government. Is that not right?

JusticeOral Questions

May 16th, 2023 / 2:45 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, the Liberals' Bill C-75 entrenched the catch-and-release bail system that is devastating Canadian communities. Violent crime has shot up 32% under the Prime Minister's watch. Premiers, police officers and victims groups have been desperately calling on the government to fix their broken bail system, but the bill they introduced today is nothing more than a slap in the face. It will not keep repeat violent offenders behind bars. The Liberals' catch-and-release system remains in effect.

When will these Liberals finally end catch-and-release for violent criminals?

Criminal CodeGovernment Orders

May 16th, 2023 / 1:20 p.m.


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Conservative

Dean Allison Conservative Niagara West, ON

Mr. Speaker, it is an honour to rise to speak on behalf of my constituents of Niagara West once again. I never take this privilege for granted and I always want to thank them for their trust in me.

This time I rise to relay my constituents' concerns on the Liberal government bill, Bill C-21. My office received hundreds of regular mail, phone calls and emails disagreeing with what this bill would do. Since its introduction, Bill C-21 has had a long journey. I want to assure folks in my riding who are watching today that I have fought against this bill every step of the way.

Let me start by acknowledging something that always comes up in conversations around firearms, perhaps rightly so. Yes, gun crime in Canada is a real problem, but let us not forget that gun crime in Canada is almost always committed with illegal guns, trafficked and smuggled over the border from the United States. Last month, a police operation in Toronto seized 173 firearms and over 1,400 rounds of ammunition. All of that was smuggled across the border.

Since the Liberals were elected in 2015, violent crime has increased by 32%, and gang-related murders have doubled. Let us contrast that with the previous Conservative government, which saw a record 33% drop in gun crimes. That is a huge difference and a huge difference in approaches. Today, in cities like Toronto, Vancouver and Montreal, there is a real and concerning gang presence.

Criminals and their illegal guns put Canadians at risk every single day. This is a problem that needs to be addressed, yet somehow the Prime Minister cannot seem to figure it out or does not want to. In fact, the government is making life easier for violent criminals by repealing mandatory minimum sentences for gun crimes with Bill C-5, and made it easier to get bail with Bill C-75. On top of everything, the Liberals continue to fail to stop the flow of illegal guns across the U.S. border.

We also need to acknowledge that legal firearms in Canada are very tightly regulated. The process to obtain one is long and can take several months. Someone who wants to obtain a firearm legally must take safety courses, exams and go through rigorous background checks. After the process is complete, the firearm can only be used at a range and to hunt.

We would think that with all these safety precautions, legal gun owners would be the least of the government's worry. However, they are not. The government seems to think that gang members are attending firearms safety classes and studying diligently for their exams so they can go hunting or shooting on the range after.

The logic of the Liberals use on legal firearm owners is mind-boggling. It does not seem like they understand a simple fact, which I will repeat. The overwhelming majority of guns used to commit crimes are smuggled into Canada through the U.S. border and are obtained illegally.

Instead of addressing the root cause of gun crime, the Prime Minister takes the easy route and groups our law-abiding gun-owning grandpas with some of Canada's worst criminals. While the government attacks hunters and sport shooters, criminals and gang members stock up on guns and continue to use them to cause mayhem on our streets. For some reason, the government believes that taking away legal guns will solve crimes committed by illegal guns.

Over eight long years of the tired government, it seems the Prime Minister just cannot stop taking things for himself. He wants to take Canadians' money by skyrocketing taxes, their freedoms and, now, their legal firearms.

Back in 2020, the then Minister of Public Safety's office said the government would not target guns designed for hunting. In 2023, it has done exactly the opposite. In 2020, it also said it would treat law-abiding gun owners with fairness and respect. In 2023, that could not be further from the truth.

For millions of Canadians, legal firearms ownership is a way of life. It is a culture that feeds families and ties communities together.

For example, sport shooting clubs in my riding and across the country provide opportunities for people to learn about firearms. They train and learn how to use them safely and responsibly. These clubs are not a hub for criminal activity, but rather they give both recreation and education to folks who are interested in hunting or sports shooting.

For hunters, guns are not just a tool of recreation, but also a tool with which they feed their families. For millions of Canadians, hunting is a means to feed their family, bond with others and connect with their culture. Humans have lived off the land by hunting for many generations, but the Prime Minister wants to end this lifestyle. Hunters, farmers, sport shooters, indigenous people and so many others all use their firearms for benefit, yet the government seems to think they are one of Canada's biggest threats.

As I mentioned earlier, I have received an incredible volume of correspondence from constituents who are all against this bill. These are usually folks who acknowledge the risk illegal and smuggled firearms pose to the safety of our communities. However, they are also very clear that legal gun ownership is not the issue. These folks are also confused as to why they are being targeted and are worried their legally obtained hunting rifles will be taken away.

As we heard throughout the day, the opposition to this misguided bill is not just in my riding but also across the country, and even in some ridings of the Liberal Party. Even some NDP members oppose it. However, do they admit that anymore? They will need to answer to their constituents when they return to their ridings. I would love to hear the reasons they will give their constituents. More than likely it will just be Liberal talking points.

In the face of the strong opposition to the bill, the Prime Minister is trying to do everything he can to ram this bill through Parliament. He knows Canadians are against it. In my view, I think he is just desperate to make it seem like he is in control. It is a destructive pattern I have noticed over the last eight years of trying to gain control over the lives of Canadians, while simultaneously infringing on some of their most basic freedoms.

This is where I will repeat something I said many times in this place, especially in the last three years, which is to let folks live their lives. Leave them alone. At this point, the Liberals have pushed and rushed Bill C-21 through committee because they do not want to hear some of the views and opinions of hunters, farmers and indigenous people. The government knows what committee witnesses will say about the bill.

However, this is not happening just in committee. The Liberals are rushing Bill C-21 through the House, to have as little debate as possible here as well. What is even more interesting is their ever-changing terminology. To dodge scrutiny, they are redefining Bill C-21 as a ban on “assault-style” firearms when they are just trying to take the firearms away from law-abiding gun owners. It is that simple.

The government is trying to make it seem as if this new definition will save hunters and legal gun owners. Instead, all this definition does is give the Liberals more time to reapproach the issue in the fall and come up with another ill-defined and ineffective ban. All this definition does is put hunting rifles and shotguns at risk of being confiscated in the future.

I also need to mention that farmers are also deeply affected. Farmers use firearms for various important purposes on the family farm, such as protecting cattle from predators or handling pests. Let us be clear that Bill C-21 is not about stopping criminals and it is not about fighting gang violence. The Prime Minister has already admitted and is on record that he wants to ban legal hunting guns, and he said so himself in an interview on CTV.

This is about the Prime Minister doing everything he can to take more rights away from Canadians. He is not satisfied after three years of wedging, dividing and stigmatizing Canadians at every opportunity possible. If it really were about fighting crime, the Prime Minister would stop removing mandatory minimum sentences for gun crimes. It is that simple. He would stop making it easier for criminals to get bail and get back on the streets. Once again, it is that simple.

Already in 2023, half of the murder suspects in Toronto were out on release. The Liberals try to paint Bill C-21 as being tough on crime. This is ridiculous and they know it. They want the country to believe they are coming in like a knight in shining armour to save the country from an evil dragon, the hunting rifle of one's uncle.

Canadians see this bill exactly for what it is, a fairy tale. Canadians are tired of the government's fairy tales. They are tired of seeing their rights be diminished and stepped on by the power-hungry, overreaching and intrusive government.

Let me share what Bill Baranick, a volunteer firearms safety instructor, said about Bill C-21. Bill lives in my riding and he is also a grape grower. He said, “Bill C-21 appears to be nothing more than a wedge issue to be used in the next election. By banning the sale and transfer of legally owned handguns, entire collections and family heirlooms etc. have zero value now, taking hundreds of millions of dollars out of the economy. These firearms cannot be passed down to the next generation or sold. It's a devastating blow to shooting sports in this country as well as affecting thousands of jobs in the firearms industry. C-21 in it's current form needs to be redrafted to be tougher on criminals and addressing root causes of gun violence, and not going after the safest demographic in Canada...legally licensed, daily vetted women and men of the hunting and sport shooting community.”

I am absolutely in when it comes to fighting crime with tough measures. None of us on this side of the House do not support that issue. We very much thing that when it comes to fighting crime we need to have tough measures.

I think I can speak for my Conservative colleagues that we must work together as a country to fight gun violence and work toward safer streets. However, how do we do this? It is simple. We need to do this by tackling illegal guns used in criminal activities, targeting gun smugglers and being tough on gang activity. We must bring back serious sentences for violent gun offenders, while supporting common-sense policies for farmers, sports shooters and indigenous peoples.

What we must not do is take away the rights and freedoms of lawful Canadians. The rights of lawful gun-owning Canadians must be respected.

JusticeOral Questions

May 15th, 2023 / 3:10 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I obviously share the hon. member's concern.

Bill C-75 did not fundamentally change the law on bail in Canada. It codified a number of Canada's Supreme Court decisions, and in certain cases with respect to sexual assault made it harder to get bail by adding another reverse onus provision in that particular bill.

We have heard the call with respect to repeat violent offenders. We have heard the call with respect to offences with weapons. We have promised to act. It is a complicated problem, but we are doing it together with the provinces and territories.

JusticeOral Questions

May 15th, 2023 / 3:05 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, the challenging thing is this. How can Canadians trust the Liberal minister when it is his Liberal government that created the problem, and it is not just us saying this?

If we look at last month, the Victoria Police Department warned the public that a man charged with 10 counts of sexual assault with a weapon had been released on bail. Why was this vile rapist released on bail, we may ask. The Victoria Police Department pointed to Bill C-75, a Liberal bill from 2019, that reformed the bail system.

Again, I am asking if the Liberals will reverse all their reckless and dangerous catch-and-release bail policies and keep Canadians safe once and for all. Will they do that?

May 10th, 2023 / 7:20 p.m.


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Counsel, Criminal Law Policy Section, Department of Justice

Phaedra Glushek

It's a release order. The forms in Bill C-75 were modernized and streamlined. This one is with respect to—

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

I wanted to respond to my colleague, Mr. Lawrence, and to the officials.

I will confirm that it's a rarity this sort of peace bond or recognizance would be in effect, because if we're dealing with a serious threat of personal injury, there would be other issues that you'd be dealing with. We'd probably, especially in domestic situations, be seeking to have that individual remanded in custody.

That was before we had Bill C-75 and Bill C-5. Now we can't keep anybody in custody.

Government Business No. 25—Proceedings on Bill C-21Government Orders

May 9th, 2023 / 6:50 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, I wish to thank the member very sincerely for working hard on this alongside all the Conservatives to fight against what the Liberals are doing to law-abiding citizens while ignoring and abetting the easy release of criminals on our streets.

As the member mentioned, and she told me this earlier as well, the police in her community are so desperate because the bail system is weak that they are having to turn to social media. They say, “Here is a picture on social media, moms and dads, and hopefully you notice it. This is a vile criminal on the streets, and there is nothing we can do about it, because the bail system has been made so weak by the Liberals with Bill C-75.” It is unbelievable that this is the case for members in her community. It is unacceptable.

Lastly, I would say that this is a Liberal government that has spent more money than any government in the country's history. If the government cared about youth diversion, it would be showing it. Yet, the government will spend over $6 billion going after law-abiding citizens and not impact public safety one bit.

Government Business No. 25—Proceedings on Bill C-21Government Orders

May 9th, 2023 / 6:30 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, I am pleased to be resuming, in the remaining time that the Liberals and the NDP have permitted me. Of course, they are silencing me in this debate in the House and they are going to be further silencing us in committee on Bill C-21, despite the millions of people whom this bill impacts.

I want to acknowledge that it has been a terrible year for police, to say the least. This comes during a violent crime wave across the country. We have seen a 32% increase in violent crime since the Liberals formed government about eight years ago. We are seeing the result of their soft-on-crime, catch-and-release policies that they work very closely on with the NDP. Those are coming home to roost, and people are being violently assaulted and murdered on public transit.

Our police officers, of course, are on the front lines, fighting these violent criminals. Often it is the same criminals every single weekend whom our brave, dedicated men and women in uniform are putting their lives at risk to deal with. They actually sometimes know these violent repeat offenders on a first-name basis.

I think it is important that we acknowledge, in the House, the failures of the policies of the current government, working with the NDP, and the consequences of that in real life.

Of course, there are multiple factors that contribute to violent crime, but we know, from police, that Bill C-75, which was a Liberal bill from a number of years ago, exacerbated the catch-and-release policies. This was evident on a Victoria police department news release that was talking about a vile rapist who committed 10 counts of sexual assault with a weapon, rapes with a weapon. On the bottom of the press release, because the police wanted to ensure that the public knew that it was not their fault that this horrible, vile man was being released, they said that this person was being released because of Bill C-75, the Liberal bill from a number of years ago.

The Liberals just passed Bill C-5, which I alluded to yesterday, and I talked about the series of violent crimes that no longer will have mandatory prison time as a result of Bill C-5. Talking about rapists, one result of Bill C-5 is that a man in Quebec who violently raped a woman will get zero days in prison, and gets to serve his sentence, a conditional sentence for 20 months, from the comforts of his home.

These are real consequences. As I mentioned, I know that there are a multitude of factors in violent crime, but we are hearing directly from police that the Liberal bills have impacted these things.

It has been a very tough year for police, and Bill C-21 would do nothing to solve the violent crime problem in Canada, because, when it talks about firearms, it goes after law-abiding citizens, who, of course, by definition, are law-abiding. That is why they have the ability to own firearms, because they have been proven and vetted to be law-abiding. They are the only people who would be impacted by the firearm measures in this bill.

Meanwhile, while this is happening, with all of these resources and all of this time and all of these announcements from the Liberals, who are targeting law-abiding citizens, we have had many police officers, just in the past few months, who have been murdered.

I would like to name them today: Constable Andrew Hong, September 12, 2022, murdered by gunshot on the job; Constable Morgan Russell, October 12, 2022, gunshot; Constable Devon Northrup, October 12, 2022, gunshot; Constable Shaelyn Yang, October 18, 2022, stabbing; and Constable Greg Pierzchala, whom I talked about yesterday. He was murdered on December 27, 2022, by gunshot, by a man who was out on bail and had a lifetime prohibition against owning firearms and a very long rap sheet of violent crimes, yet was out on bail.

This is the state of public safety and crime under the Liberal government. Greg Pierzchala is dead because of our weak bail system. This is what we have heard from Toronto police, who deal with this on the front lines more than anybody else. There are more: Constable Travis Jordan, March 16, 2023; Constable Brett Ryan, March 16, 2023; Sergeant Maureen Breau, March 27, 2023; and Constable Harvinder Singh Dhami, April 10, 2023.

It has been a rough couple of years for police. The morale is very low. Recruitment numbers are very low, and, at the same time, Canada is dealing with 124,000 more violent crime incidents in 2021 than in 2015.

That is the record of this Liberal government. It does not like to acknowledge it. It does not like to talk about it. It likes to brush off responsibility and blame everybody else.

The fact is that, compared to 2015, there are 124,000 more violent crime incidents per year in Canada. Meanwhile, police morale is in crisis, recruitment and retention are in crisis, and police officers are being murdered every other week. However, we hear more announcements from the Minister of Public Safety about going after law-abiding citizens than about going after anybody else. I do not know how many times we have to say this. The Liberals are going after, and spending resources and precious time on, the wrong people, the most vetted people in the country, who, statistically, are one-third as likely to cause crimes as anybody else, than non-firearm owners. It is insane, if someone just looks at the raw data. These are heavily vetted, tested and trained Canadian citizens.

The Conservative Party firmly supports responsible gun ownership laws. We are talking about licensing, vetting and safe storage. These things are very important. Only responsible Canadians should ever come near a firearm. If there are any gaps in that, we are happy to have that discussion, but we have a very robust system in Canada.

We are seeing 124,000 additional violent crimes and hundreds of thousands of other violent crimes every year. They are going up every year as a result of the Liberal government's policies, as pointed out by many police forces. Of the hundreds of thousands of violent crimes that happen every year, do members want to know how many are as a result of long guns, for example, which have been the primary target of the Liberal government in recent months? I am referring to long guns belonging to law-abiding citizens, not criminals, because, of course, they do not listen to the laws. Do people know how many are a factor in those hundreds of thousands of violent crimes? It is less than 0.5%.

We also know that, of those who do commit violent crimes with firearms, the vast majority are not legally allowed to own firearms. Therefore, any law and all this time wasted would have no impact on them whatsoever. We are talking about a fraction of a fraction of people whom the Liberals are spending all this time and resources on.

I will remind the House that the Liberals are bringing forward phase two of their regime of confiscation of private property from law-abiding citizens. They call it a “buyback” program. They never owned the firearms in the first place, so I am not sure how they are buying them back. They are going to be spending billions of dollars on it.

There is an estimate from the Fraser Institute. Before the latest round of long gun bans coming forward with this so-called new definition and the hidden list that is being passed over sneakily to the firearms advisory committee, which would add hundreds of firearms to the ban list, the Fraser Institute estimated that the original May 2020 order in council, in essence, would be $6 billion.

Do people know how much good could be done in fighting violent crime and gun crime by criminals and gangsters with $6 billion? We could equip every port of entry with scanning technology. We could hire so many more police officers. We could heavily invest in youth diversion programs. We have seen that, in addition to the responsible gun ownership measures I have mentioned that have been in Canada for a number of years, which Conservatives firmly support, other measures that are important are getting youth when they are just getting led down the path of crime.

If we can get a 12-year-old when he is romanced by the gang to steal his first car, if we could just catch him then, extend a hand and show him a better way, speak to him in a way that is relatable, and have members of his community have the resources to support him, that young man could have a real life. He could have a family and a job, and be a responsible contributing member to his community. That is when we have to catch them.

If we could just take all the money the Liberals would be wasting, which would do nothing, as it says right in the data, to prevent violent crime and gun violence, we could do a lot of good. However, the Liberals are not open to that conversation. They do not want to talk about that. They are too busy fearmongering.

I mentioned this earlier, and I got a bit emotional about it, but the turn that the Minister of Public Safety has taken with his rhetoric against me and members of my party is very concerning. We can have a professional debate. We can have this factual discussion. We can have our viewpoints. They do not want anyone to own firearms, no matter how vetted they are. We believe in protecting the culture and heritage of Canadians. We can have that robust debate; we have been having it for decades. For him to have taken the turn he has taken, to go so dirty on this when I have done my best, as have members of our party, to ensure that this is a professional conversation and that we are leading and protecting people who are being kicked by the government and used as a political wedge on a daily basis, particularly in rural Canada, is very upsetting. I mean that very honestly.

I called him out on it today, and he did not apologize for his disgusting remarks. I found it very disappointing. Why can we not have a civilized conversation based on facts when it comes to this? I do not know. Maybe it is because they are not doing so well in the polls and we are doing pretty well. Maybe they want an election soon and this is a real winner for them, or has been in the past.

Now that we are building on the work of all the Conservative members and we are talking about the people this really impacts, it is resonating with people. Nobody believes it in the suburbs. Nobody believes it in Winnipeg. I represent an urban riding, and no one believes that Grandpa Joe and his hunting rifle are responsible for the gangsters in Toronto who are 3D-printing guns, smuggling guns, wreaking havoc and murdering innocent people and police officers. No one believes that going after hunters is going to solve that, yet we are seeing billions of dollars, countless resources, misinformation, disinformation and disgusting rhetoric from the public safety minister and others on the Liberal benches. It does not make any sense. There is no science or data to back it up whatsoever.

I could go on for quite some time, but of course I have been silenced by the Liberal-NDP coalition. In my remaining moments, I will move an amendment to the motion.

I move, seconded by the member for Peterborough—Kawartha:

In paragraph (a) by deleting all the words after the words “expand its scope” and substituting the following: “to (i) address illegal guns used by criminals and street gangs, (ii) modify provisions relating to bail rules in offences involving firearms to ensure serious, repeat, violent offenders remain behind bars as they await trial, (iii) bring in measures to crack down on border smuggling and stop the flow of illegal guns to criminals and gangs in Canada”;

In paragraph (b) by deleting all the words after the words “by the committee” and substituting the following: “the Prime Minister, the Minister of Public Safety, other ministers of the Crown and senior officials be invited to appear as witnesses from time to time as the committee sees fit,”;

In paragraph (c) by deleting all the words and substituting the following: “Standing Orders 57 and 78 shall not apply to the consideration at the report stage and the third reading stage of the bill”; and

by deleting paragraphs (d) and (e).

Government Business No. 25—Proceedings on Bill C-21Government Orders

May 9th, 2023 / 5:20 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, thank you for allowing me to continue my remarks concerning what is, in my opinion, a very undemocratic motion put forward by the Liberals.

What just transpired in this House was a closure motion to basically shut me up and stop the discussion we began as a result of the Liberals and the NDP working together. They did not like that I was going on and on. I had a lot to say, so they voted to keep me quiet. I will be silenced, in essence, after these 20 minutes by the Liberals and the NDP, who are working together to ultimately ensure the slow and painful removal of hunting rifles from everyday Canadians who are trained, tested and vetted by police. That is just the context for folks so they know what is going on in this House.

Ultimately, Motion No. 25 is a time allocation motion, in essence. At committee, we are talking about Bill C-21 and the many amendments brought forward by the Liberals, the NDP and other parties, which are worthy of discussion, debate and questions for officials. If the motion passes, which it is sure to do because the NDP and the Liberals are working together so closely on this, it will severely limit our ability as opposition members to heavily scrutinize a bill that would impact 2.3 million gun owners, hundreds of millions of dollars in our economy and tens of thousands of jobs, not to mention the hundreds of years of culture and heritage in Canada. Just to be clear, that is what the Liberals and the NDP are working together on today.

The Conservatives have been relentless in standing up for rural Canadians and for law-abiding citizens. Certainly, I have been honoured to be given this role by our leader, the member for Carleton, but there are many other members in our caucus who have done extraordinary work for all firearms owners, hunters, farmers, sport shooters and indigenous Canadians. I want to make sure they are acknowledged, because they only reason we are here and have mobilized the country to pay attention to this injustice by the Liberals and the NDP working together is the work that has come from people before me and the work of committee members now. I just want to acknowledge them.

At the public safety committee, I have worked very closely with the members for Barrie—Springwater—Oro-Medonte, Medicine Hat—Cardston—Warner and Sturgeon River—Parkland, and recently we also had on committee the member for Langley—Aldergrove. We have worked very hard over the last six months and over the year and a half I have been on committee. Certainly, we have gotten a lot of expertise from folks in our caucus who really live and breath this culture in Canada. They are a true testament to how important it is in Canada that we fight for this to maintain it. They are the members for Red Deer—Lacombe and Prince George—Peace River—Northern Rockies.

I come after very strong members of Parliament who have done extraordinary work. I have been able to stand on the shoulders of those who have come before me. Notably, the member for Lakeland is an extraordinary woman and did incredible work on this file. I am very honoured to follow her and follow in her footsteps in this role. There is also the member for Charlesbourg—Haute-Saint-Charles.

We have a team of Conservatives who are working on the right side of this debate. They are making history to stand up for a culture that continues to be kicked like a football, a political wedge, by the Liberals. Every time they are not doing well in the polls and every time our message is resonating, it is like they break out an emergency, and firearms is one of them. They spread misinformation, when really we know all of what they are doing does not impact the criminals who are shooting up the streets, and does not impact the gangsters who are in highly organized smuggling rings across the border to bring in the nine out of 10 firearms used in Toronto. The drugs and human trafficking are related.

This is rather than attacking those issues and repeat violent offenders, and it is a result of the government's catch-and-release bail system from Bill C-75 a few years ago, a Liberal bill that the police tell us over and over again is causing what is happening on our streets. We see all these repeat violent offenders stabbing people and wreaking havoc on our streets. Forty individuals in Vancouver were responsible for 6,000 interactions with police last year. This is a result of the reckless catch-and-release policies the Liberals brought in, and they were heavily supported, in lockstep, by the NDP.

While all of this is happening, our message is resonating and the public is concerned about public safety. However, what do the Liberals do? They bring in gun control, which we know really means they are going after heavily vetted, trained and tested individuals who are licensed to own firearms. They hunt, protect their livestock and represent us at the Olympics in sport shooting. These are the kinds of people the Liberals are targeting with Bill C-21, and the NDP is working in lockstep to slowly but surely, step by step, destroy this way of life in Canada.

Shame on the NDP. The New Democrats have plenty of rural and northern members whom they are failing given what they are doing with the Liberals. I am going to name a few of those members. There are so many, honestly. These are good rural people who are being failed by what the NDP is doing here.

We have the member for Algoma—Manitoulin—Kapuskasing in Ontario; the member for Churchill—Keewatinook Aski from Manitoba, which is all of northern Manitoba, where they live off hunting; and the member for Elmwood—Transcona. I know there are a lot of hunters and sport shooters in his riding. We have the member for Courtenay—Alberni and the member for Cowichan—Malahat—Langford in B.C., and we have the members for North Island—Powell River, Esquimalt—Saanich—Sooke, Skeena—Bulkley Valley, South Okanagan—West Kootenay, Timmins—James Bay and Nunavut. People are being failed by their members of Parliament in this regard.

For a moment, we thought there was a light, and the NDP members were supportive, saying, “No, this is crazy.” I do not know what the Liberals are offering them, but then, all of a sudden, they completely abandoned the rural people they are supposed to represent, who are continuously kicked by the Liberal government. It is disgusting.

I have a lot to say with my remaining time. Again, I have been silenced and limited to 20 minutes now because the Liberals and the New Democrats do not want to hear the facts. All they want to do is work together to destroy a way of life in this country that the Conservatives are very proud to protect and fight for. We will continue to do so.

Honestly, I had four binders of facts and data, which the Liberals pretend they care about while they follow the science. We will never get to that. We will never get to have the opportunity to talk about that because they have voted to silence the debate on this. I wonder why. They are running, perhaps, from the reality of what they are facing. They do not want to face the facts on the ground of what this means to the Canadians it impacts and what it means to let criminals off the hook yet again.

It is very disappointing that the Liberals are working with the New Democrats and that the New Democrats are going along with this. They should be ashamed. They should be ashamed that they are letting down rural Canadians in this way, who thought they had a voice when they voted NDP. Clearly they were wrong. I am very sorry to those voters, but we will have their backs. We will continue to have their backs, and we will also have the backs of all the folks in cities who are being misrepresented by the Liberals.

We will pick this back up in an hour.

Government Business No. 25—Proceedings on Bill C-21Government Orders

May 8th, 2023 / 1:05 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, I will remind the Liberal member that, if he is looking to throw me off, he is severely underestimating me, just like many a man before him. I have a lot to say, and I will be here for quite some time, so hopefully he is hydrated and fed because he is going to be waiting a long time.

I have more to say on the announcement last week, which was impacted by Bill C-21. The minister at the same time announced the firearms advisory committee, the so-called new definition, but with the old definition, but sneakier.

He also announced that there is going to be something about a permanent alteration to magazines, which we have already, but the way he worded it would signify to me that there is going to be a change in what that means. When we tried to ask about it at committee, we did not get any answers because apparently it was not technically within Bill C-21, but he announced it at the same time he was talking about the bill. The Liberals and officials would not answer our question, but what was taken from that in the firearms community is that the permanent alteration of magazines would go a step further than what is being done now and would impact many a firearm that really is Grandpa Joe's hunting rifle.

For example, the Lee Enfield, is a very popular firearm. It was the British firearm until about the 1950s. It is well made and has been passed down through generations. It is made completely from wood stock and is exactly what we would think of and picture when we think about Grandpa Joe going out to hunt deer. However, one cannot permanently alter the magazine capabilities of that firearm without destroying it. There is no way. Therefore, is the minister now saying that he is going to destroy the Lee Enfield? He will not answer. I have urged people to write to the minister to ask him about that because he will not answer our questions, nor will the Liberals on the public safety committee.

I will also note that the tubular magazine hunting rifle, where the bullet goes right into the tube because there is no magazine, as in the image the Liberals are trying to bring forward, is an old school, 1800s-level technology. For example, the Winchester 1873, I think it is called, is a tubular magazine firearm that holds seven to 14 cartridges or bullets. It cannot be altered in any way, as that would destroy the firearm.

These are heirloom firearms. I am pretty sure my grandfather had one in the closet for when coyotes would try to get into the chicken coop. That is how old school these firearms are. There are hundreds of versions of these in rural Canada. It is owned by collectors, and certainly by hunters and indigenous Canadians. If the SKS is popular in indigenous communities, so too is the Lee Enfield, so why would the Liberals not be clear on what they are talking about with respect to these permanent alterations to magazines? Why are they being so cagey about that? Is it because they do not know? Is it ignorance, or are they hiding something? I do not know.

I have given them the benefit of the doubt before. However, here we are, and they are forcing an end to the democratic discussion and scrutiny that is needed on this bill at committee today, so I really do not trust anything they are about to say on that, if they say anything at all, because they have refused to answer my questions and our questions at the public safety committee about the Lee Enfield and tubular magazine long guns.

While this has been going on, and we have heard so much about this, the Liberals are attacking us, particularly me. I suppose it is because I have been the lead on firearms. They talk about the Conservatives more in their announcements than they talk about the crime that is wreaking havoc in our communities, which they are not doing a lot about.

I want to say that I know this debate is very heated and very personal to people on all sides. I have always done my best to lead this discussion from our perspective, from a professional and authentic standpoint, and what really shocked me was last week, or it might have been the week before, when the minister was announcing phase one of his so-called buyback, which I will get to. He said, in essence, that Conservatives were at fault and bear some of the responsibility for the abuse the Liberals are getting from what they say are gun owners. I have no idea, as I have not seen that.

It is interesting that they talk about it as if we have not received any abuse from people who do not agree with our position. I can tell members that I have certainly received very threatening abuse for the position we have taken. I am the lead on this file. I have received many threats and have been concerned for my safety in this debate, so I was very offended when I heard them trying to blame Conservatives, particularly me because I am the lead in this regard, when I have not been spared or kept from any of that abuse myself.

I am undeterred. I will continue on. I will not be bullied into silence on this. However, just to be clear, the rhetoric from the Liberals is trumping up a lot of hate toward me and others on this side of the House as well. I do not like talking about it. We do not want copycats. We do not want any heroes from these evil, sadistic people, but when I heard something like that, I thought that I had to say something.

I have kept quiet, but I will not stand idly by while the Minister of Public Safety blames me for the abuse he has gotten for his underhanded policies, when I too have suffered abuse because of his rhetoric. I just wanted to put that on the record. I hope to speak to the minister personally about that.

We are talking a lot about firearms. Of course, exclusively, Bill C-21 only impacts, with the so-called handgun freeze or ban, which is really not any of that, people who follow the law. They are the trained, tested and vetted Canadian citizens who are approved by the RCMP to own firearms. Those are really the only people who are impacted by all of these measures since the May 2020 OIC and Bill C-71 before it. It only impacts regular, everyday Canadians who are legally allowed to own firearms. They are heavily vetted Canadians, who are legally allowed to own firearms.

However, the government continues to bring forward measure after measure to attack this group of people. Meanwhile, criminals are running rampant on our streets. I have talked at length about the crime issues. Canadians know full well what has been going on, on public transit and on the streets of Toronto. Everywhere we go in Canada there seems to be horrific headlines of innocent people being attacked by complete strangers who are deranged.

We are facing very serious issues, yet the Liberal budget 2023 really failed to address those violent crime issues. In fact, violent crime was not mentioned once, zero times, in that budget.

Do members know what else was not mentioned once in that budget? Bail reform was not mentioned once in the budget and has not been mentioned in the priorities of that budget from the Minister of Public Safety, despite the fact that every premier of every province and territory in Canada has written two letters to the Prime Minister demanding bail reform because of what is happening in their provinces and territories with crime and repeat violent offenders continuing to get bail and getting back on our streets, hurting Canadians.

When have we ever heard every premier in the country agreeing on a letter? It is very rare. Maybe when they are asking for health care funding, but aside from that, it is a very rare occurrence. There have now been two letters sent to the Prime Minister.

There are also municipal police forces. I just spoke at the big ten police conference, which included every major police association, municipal police forces across the country. I just flew to Calgary last week to speak to them. They are demanding bail reform. Every big city mayor in Ontario is demanding bail reform. While everyone seems to agree on bail reform, there has been no meaningful action or change taken by the Minister of Public Safety on bail reform. I will remind those watching of violent crime in this country, which is up 32% from 2015 to 2021.

When we get to 2022 stats, it will be deeply concerning, I am going to guess that they are going to be way up, just based on the headlines, but they are up 32% between 2015 and 2021. It equates to 124,000 more violent crime incidents per year, which is an insane amount of additional crime that the police are having to deal with, despite police numbers really suffering, which I will talk more about in a minute. We are seeing that crime wave steadily increase, year by year, under the Prime Minister and Minister of Public Safety's watch. That is all happening.

On that, bail reform is a huge issue. If we look at Vancouver, there were 6,000 crime incidents, interactions with police, for crime. Of these, 40 people were responsible for 6,000 interactions with police. Those 40 people are sure keeping police busy in Vancouver. These are violent repeat offenders causing havoc on transit, when we walk down the street with one's family and when we are trying to enjoy the parks. There are 40 people causing 6,000 interactions with police in one year, yet there are crickets about bail reform. They say, “Oh, we are meeting and talking about it”, but that is all we hear. It has been months.

In fact, the Victoria police recently put out a news release about a vile rapist who committed 10 sexual assaults with a weapon. Why was he released? The police wanted to make sure the public knew why it was not their fault he was released. At the bottom of the news release, there is a question that asks, “Why was this person released?” I think this is consistent on their news releases, when it is relevant. It was because of Bill C-75. That is a Liberal bill from a few years ago that made bail, in essence, the default for violent repeat offenders. They got bail by default.

Now the chickens are coming home to roost. We are seeing a massive crime surge, and this is one of the reasons police are underlining this and making this heard by MPs over and over again. That is all going on. We are hearing through Toronto police statistics that of the 44 murders, I think it was either last year or in 2021, in over half, 24 or 26 of the 44 murders, the murderers were out on bail at the time. Over half of 44 murders could have been prevented if the Liberals had not brought in such a weak bail regime. They are getting up at the mike and talking about how this so-called new definition, old definition, no list, sneaky list given to the firearms advisory council is going to solve crime, or is one of the things that are going to solve crime.

It is not going to do anything about the people in Toronto who are getting out on bail and murdering people. Toronto police will remind us that about nine out of 10 firearms used in crime in Toronto, mostly handguns, are smuggled in from the U.S. We could outlaw, and I am sure the Liberals are working on it, every single handgun legally owned in this country, and the situation will get worse in cities. The statistics will continue to go up because these criminals are not legally owning the guns. Most of them are prohibited from ever going near a firearm.

Most repeat violent offenders should be in jail, because they smuggle the firearms in quite easily through the Prime Minister's very porous border, through which he has allowed all these drugs and guns to come into the country. That includes human trafficking and all kinds of other things he has allowed under his watch. They are flowing into Toronto and other big cities, such as Montreal and Winnipeg. I have seen the firearms myself, as the Winnipeg police have shown me smuggled ones. There are 3-D-printed guns as well. People are using 3-D printers and printing plastic handguns that are going for $7,000 a pop on the streets of Winnipeg. Bill C-21 would really not do a lot about that.

We worked together on an amendment to perhaps give police a teeny extra tool, which I supported, but going after lawful firearms owners is not going to do anything about the problems in Toronto. Nothing in Bill C-21 would really have stopped the murders of those 20-odd people who were murdered by those on bail who smuggled guns in or printed them. The Liberals say they are increasing maximum sentencing on gun smugglers. That is technically true, but in reality it is baloney. One of my Conservative colleagues, who did great work, made an information request to the government asking how many people have received the maximum sentence, up to right now, for gun smuggling. Do members know, for the eight years that the Prime Minister has ruled the country, how many people got the maximum 10-year sentence for gun smuggling activities? Zero people have gotten the maximum, so to increase it to 14 years is really not going to do a whole heck of a lot.

Perhaps what they should have done is to bring in mandatory minimums for gun smuggling. That would have taken criminals off the street. That would have actually done something, maybe. Conservatives were looking at maybe doing that with an amendment, but we were told it was out of scope so we could not bring forward mandatory maximums. Maybe that is something the member for Carleton, as prime minister of the country, will look at, because that would make a real, actual difference in cracking down on gun smuggling.

I will remind the House that, at the same time as the Liberals were going after lawful firearms owners to such a degree, with so many taxpayer dollars and so much effort by the Minister of Public Safety, in the fall, the Minister of Justice brought forward a bill, which he apparently celebrated quite excitedly when it was passed, to remove mandatory minimum sentences for serious gun crimes and violent crimes. Does everyone want to know what the list of those crimes is? On the list is robbery with a gun. Someone can rob a store with a gun, and it is no longer guaranteed that they will go to jail. That is the Liberal Prime Minister's vision of what we should do about crime: People can rob someone at gunpoint, and there is no longer a mandatory minimum for them.

The list continues with extortion with a firearm; weapons trafficking; importing or exporting, knowing the firearm is unauthorized; and discharging a firearm with intent, including things like drive-by shootings. There is no longer mandatory prison time for the people who commit these offences. Also on the list, there is using a firearm in the commission of an offence, or breaking the law with a gun; there is no longer a mandatory prison time for this. For possession of a firearm, knowing its possession is unauthorized, or illegally possessing a firearm, there is no longer mandatory prison time. For all those criminals in Toronto, it was a good day when Bill C-5 passed.

There is also possession of a prohibited or restricted firearm with ammunition. A person could have a prohibited gun with a whole bunch of ammunition, and there is no longer mandatory prison time for them. Again, gangs are celebrating every time the Liberal Prime Minister is elected. For possession of a weapon obtained by commission of an offence, stealing one, in essence, there is no longer mandatory prison time. For possession for the purpose of weapons trafficking, excluding firearms ammunition, there is no mandatory prison time.

For discharging a firearm recklessly, there is no longer mandatory prison time. People die in cities because there are gangsters discharging firearms recklessly all the time, firearms they have smuggled in or 3D-printed. There is no longer mandatory prison time for them. In fact, in that same bill, Bill C-5, the Liberals brought forward a supposedly improved option for people who commit sexual assault. Now the law ensures that people who commit sexual assault, rape, do not have to go to prison. They can actually serve house arrest in the comfort of their homes. Rapists can serve their sentence playing video games, with their feet up, in their own homes. It is unreal. I should not be laughing about it, but it is so outrageous and ridiculous that it is hard for me, as a woman, to wrap my head around a so-called feminist government saying that rapists can serve house arrest for their sentence. This just happened in Quebec, where a vile rapist violently raped a woman and got zero days in prison and only 20 months under house arrest.

This is all in the scope of what the Liberals view as their crime priorities. They are getting up at the mike every other day, announcing new gun control measures to go after folks who are lawfully allowed to own firearms, and saying that that is going to make a difference. What would make a difference is repealing Bill C-5 and making sure violent criminals and rapists go to jail. That would make a difference in public safety.

It is not just about firearms. In fact, a lot of the crime we are seeing involves knives. Where is the conversation about knives? We just had what I believe was the third-largest mass killing in Canadian history, and we barely heard a peep about that, certainly not from the Liberals. We tried to study it at committee, and they would not let us. It was in the fall, the third-largest mass killing in Canadian history. A man who got out on parole despite—

Budget Implementation Act, 2023, No. 1Government Orders

April 27th, 2023 / 4:30 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, today we are talking about budget 2023, and there are many serious issues facing Canada. Unfortunately, I do believe that many of them are not addressed in the federal 2023 Liberal budget.

I am the shadow minister for public safety and the vice-chair of the public safety and national security committee for Canada, and so when I was looking at the budget, I was looking at it through a public safety lens: How is this budget going to improve public safety in Canada? Again, there are very serious issues in public safety that need dire and immediate attention from the Liberal government, and I do not feel that they were given that attention in budget 2023.

We are facing a 32% rise in violent crime since 2015, which is the 2015-21 statistic. I am confident that, unfortunately, the 2022 statistic is going to be even worse, given the headlines that we have seen over the past year and a half. Also, 32% is not just a number. In fact, it represents 124,000 more very serious violent crime incidents that have impacted innocent Canadians across the country. That is how many more violent crime incidents per year we experienced in 2021 versus 2015, when the Liberal Prime Minister first came to power. So, there are very serious issues not being addressed, from my perspective, in the budget.

Many of us read the news and watch the headlines, and we have seen a lot of very concerning stabbings, shootings, murders, assaults on innocent Canadians and stranger attacks on public safety, and a lot of it has to do with repeat violent offenders in our community who continue to get bail and wreak havoc on innocent Canadians. For example, there was a violent knife attack on a Surrey SkyTrain, which is its public transit, that left a young man in hospital. The attempted murderer was released on bail less than two weeks later. A man was almost stabbed to death, and the culprit was back on the streets. This follows the death of a 17 year old who was murdered, stabbed to death, in B.C. on a bus. This follows a 16-year-old boy who was stabbed to death in a Toronto public transit station. There are countless other examples of these horrific attacks in Canada. It seems that there are more and more every day.

It is not just civilians; it is also police. In fact, 10 police officers have died in the past year, eight of them on the job, and notably repeat violent offenders is a theme in many of the murders. Of course, everyone has heard of OPP Officer Greg Pierzchala, a young OPP officer who was murdered just after Christmas this past year. He walked up to a vehicle in a ditch and the driver shot and murdered him. That driver, that murderer, was out on bail and had a lifetime prohibition from ever owning a gun. Yet, he got out on bail, got a gun and shot and murdered that young police officer. We mourn the loss of Greg Pierzchala with his family.

Notably, his death sparked a necessary national conversation about bail reform, which is not mentioned once in the federal budget, despite every premier in the country joining in on one letter, which is very rare, and sending it to the Prime Minister demanding bail reform. Despite big-city mayors and municipal police forces across the country demanding bail reform, we see no action, no results on bail reform from this government. It is not mentioned in the budget at all. I find it very concerning, and it is very serious. Last year, in Toronto, of the 44 murders when someone used a gun to murder someone, 24 of the murderers were out on bail at the time, and so 24 of 44 could have been prevented if our bail system was a bit tougher. It is quite serious.

In B.C., the NDP provincial government has written urgently to the Prime Minister just in the last few weeks outlining what they are facing in terms of bail and violent crime. Only about 16% to 17% of those who are going through a trial for a violent crime actually get detained. I was shocked at these statistics, and I had to read them a number of times. Fewer than 20% of violent criminals are being denied bail in B.C. Something is seriously wrong, and the B.C. NDP government is demanding bail reform as a solution from the Liberal government, and yet it is not mentioned as a priority in the Liberal budget. I found that very disappointing, given the national conversation and the deaths that we have seen. We could say that maybe bail will be mentioned somewhere else, but violent crime was not mentioned as a priority. Members can google it themselves; it was not in the budget.

Again, folks at home need to understand that a government's budget is telling Canadians what its values are and what it is prioritizing for the year ahead with the billions of taxpayer dollars it accumulates over the year. If violent crime is not mentioned, then clearly it is not a priority for the Liberals to fight violent crime or to deal with bail and repeat violent offenders. There are issues in our parole system as well.

What is in the budget? It is not something that is answering the calls of police. Before I move on, I want to say I found something quite shocking this week. The Victoria Police Department, just to drive this point home, recently released a news release about a vile rapist who was charged with 10 counts of sexual assault with a weapon. It says, “Why was this person released? Bill C-75....”

Bill C-75 was a Liberal bill from a couple years ago. Where is the mention of fixing this problem in the budget? Where are the resources to fix this problem in the budget? Why was it not prioritized by the Minister of Public Safety? I have not received any answers for these questions yet.

There are a few things in the budget that I did find notable in the public safety realm. There is $29 million over five years for an IT computer program for the government's so-called buyback program of long guns. I know this is very contentious. I have talked about this extensively elsewhere.

There is no evidence to suggest that long gun confiscation is going to do anything for all the issues I have outlined. In fact, of the multitude of violent crimes in this country, fewer than 0.5% are committed with long guns. We know the majority of crime committed with firearms is committed by people who are not legally allowed to own them.

Spending millions of dollars on an IT program, millions of dollars buying inventory from small gun shops and then billions of dollars buying property from law-abiding citizens who have been trained, tested and vetted by police to own firearms, is not going to make any difference to everything that I have been talking about.

However, it is a top priority for Canadians that it get solved. I put this to the minister. He said there are a lot of ways to fight gun violence. I said sure there are, but I asked what they were in his opinion. He said he is investing money in the border. Is he doing that?

I took a closer look at the budget since the Liberals formed government. In 2015, there were 8,400 frontline officers and investigators working for CBSA, our border agency. We know, as Toronto Police have told us, about nine out of 10 guns that are used in crime in Toronto are smuggled in from the U.S. We hear this quite universally from police departments across the country. It is a gun-smuggling problem from the U.S.

In 2015, we had 8,400 frontline workers who were tasked with stopping things like this from happening and stopping the gun smugglers. The Minister of Public Safety has said to Canadians multiple times, every time he gets a microphone, that he is spending all this money on the border to stop gun smuggling.

However, eight years later, there are only 25 more frontline officers, yet a lot of money has been spent. There are only 25 more frontline officers to fight gun smuggling, which is the source of violent crime in this country. Every chance he gets, he boasts about how much money he has invested.

Where is that money going? A closer look at the employees at CBSA shows that middle management has gone from approximately 2,000 people in 2015 to 4,000 people in 2023. It has doubled middle management, not the frontline workers who are working hard and putting their lives at risk to apprehend gun smugglers at the border, but the middle managers.

I greatly respect all of our middle managers in public safety, but the point is that it has doubled, while there has been almost no movement of the frontline officer numbers. How serious is he about cracking down on gun smuggling? The numbers are not telling me that the results are going to be there.

We know the RCMP is facing significant issues as well. Recruitment is way down, as is morale, across the country. Police say this is an issue, yet there is not any new money in the budget to encourage recruitment or for new recruits. We are seeing serious declines in recruitment in our police forces. Why is that not being addressed? We need more frontline police officers to fight violent crime.

We also know there has been a 12% funding cut to the Parole Board and a 36% decrease in staff at the Parole Board. Perhaps that is why we have major mass casualties like the murderer in Saskatchewan who murdered, with a knife, 11 people and sent 17 more people to hospital. He was out on parole with 59 prior convictions.

After all that, we see cuts to parole and no increase in this budget, yet increases everywhere else. Public safety is not a priority for the government from what I have seen in the budget.

I do feel very strongly about this, as does the Conservative Party. We know Canadians care about public safety. I call on the Minister of Public Safety and the Liberal government to bring forward real measures to address public safety because so far, they are getting a failing grade from me.

Public SafetyOral Questions

April 17th, 2023 / 2:40 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, Canadians deserve to feel safe, and as a government, we are taking action so that they will.

Bill C-75 already reduced the burden of proof in intimate partner violence cases when it came to bail. We are going beyond that. We have met with our provincial and territorial counterparts to bring reform to the bail system.

We recognize that this is something we have to work on with the provinces. Obviously we will take action in areas of our jurisdiction. We will move, and we will find a solution together.

Michael Spratt Partner, Abergel Goldstein & Partners LLP, As an Individual

Thank you.

My name is Michael Spratt. I'm a specialist certified by the Law Society of Ontario in criminal law. I'm a partner at AGP Law here in Ottawa. I have been practising exclusively criminal law since 2005.

Every discussion about our bail system must start with the fundamental constitutional principles that have been enshrined in the Charter of Rights and Freedoms, the presumption of innocence and the right not to be denied reasonable bail without just cause.

We must remember that people denied bail are presumed innocent. We should not seek to punish people before they have been found guilty. Pretrial detention is punishment of the worst kind.

I want you to imagine a jail so devoid of humanity that guards stand idly by while a pregnant woman gives birth in her cell, a jail so lawless that guards can brutalize inmates and then cover up the abuse with impunity, a jail so overcrowded that inmates are forced to sleep in a damp shower cell, a jail so dirty that clothing and bedding are stained with urine, feces and blood, and where there are bedbug infestations and other unsanitary conditions that lead to untreatable infections. This isn't hyperbole. This is reality.

More than 70% of Ontario's jail population is made up of individuals awaiting trial. We lock people up because they are poor, homeless, addicted, sick or marginalized. Sadly, rehabilitation programming, addiction counselling and mental health treatment are non-existent for most of inmates on remand.

The dirty secret of the justice system is that people usually come out of jail in worse shape than when they went in.

Our jails are increasingly expensive factories of suffering that interfere with rehabilitation, cut accused people off from family and community support, result in homelessness and unemployment, and make our communities less safe.

Most disturbingly, pretrial detention results in a perverse incentive to admit guilt to escape those horrendous jail conditions, rather than wait months for a trial. I've seen this on many occasions.

Any study of the bail system should examine these issues. We do need to talk about reform, but I expect that's not the type of reform or the types of questions you'll be asking me about.

The current discussion about bail and firearm offences has been driven by some very high-profile tragedies, like the killing of OPP officer Pierzchala, and most recently the shooting deaths of the Edmonton police officers, constables Jordan and Ryan.

It can be easy to ignore important facts in the face of such tragedy, so I briefly want to start with some facts.

The first fact is that crime statistics are very complicated.

The second fact is, historically speaking, that we live in one of the safest periods in Canadian history. Violent crime rates have been declining for years, and we've seen an 11% drop over the last 20 years.

There has been an increase in the rate of firearms-related offences since the year 2000, but the use of firearm offences in homicides has remained relatively stable over the last 20 years. According to StatsCan, there was a decrease of almost 10% in gang-related homicides in 2020 and a 5% decrease in firearm-related violent crime in 2021.

The third fact is that there is not an increasing trend of on-duty police deaths.

The fourth fact is that pretrial detention increases rates of recidivism.

The fifth fact is that Bill C-75 did not contain catch-and-release bail policies. There is no such thing. This type of language is a political grift.

Bill C-75 legislated recent decisions from the Supreme Court, like the principles of restraint, and actually let police officers impose stricter bail conditions when they release individuals. It also reversed the bail onus for many offences that involved intimate partner violence.

The sixth fact is that firearm offences are taken very seriously in our courts. In my experience, the police rarely release those accused, unless the accused is a fellow police officer; Crowns rarely consent to that release, and bail hearings are always lengthy and hotly contested.

The seventh fact is that reverse-onus bail for firearms offences is most likely constitutional and might prevent some offences.

The eighth fact is that it won't deter offences, just as increasing sentence length doesn't deter offences.

The ninth fact is that reverse-onus provisions in firearm bail would not have prevented the deaths of Officer Pierzchala, Officer Jordan or Officer Ryan.

The solutions to be found are not in changing bail law but in looking at increased funding for access to justice, upstream social supports and bail enforcement.

There is a crisis in our bail system, but not the one that you think. Our bail system is not overly lenient. The catch-and-release slur is not true. Recent legislation did not cause the recent tragedy, and I urge you to look at the realities and the evidence and not use the criminal justice system as some sort of political wedge.

March 27th, 2023 / 4:10 p.m.


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Counsel and Communications Officer, Criminal Justice Section, The Canadian Bar Association

Melanie Webb

Yes. Bill C-75 implemented a number of changes, not only to the bail regime but to many other aspects of the criminal justice section. We made extensive submissions on this. We supported many of the amendments on the bail regime. We felt that they would lead to more expedient hearings, while still being consistent with the existing case law and constitutional concerns.

For example, we supported the codification of the restraint principle—the ladder principle—which was already codified in the Criminal Code, as well as section 493.1, which directs the judicial officer to give primary consideration to releasing the person at the earliest reasonable opportunity and with the least onerous conditions appropriate in the circumstances. I'm referring again to the restraint and to the ladder principles.

Section 493.2 required consideration of the overrepresentation of indigenous people on trial, as well as other vulnerable populations that have been overrepresented and disadvantaged in the criminal justice system.

We also supported changes that would explicitly discourage the use of cash deposits and sureties. That's based on many judgments and reports over the years that have commented on the overreliance on surety bail as a form of release.

We also supported the diversionary mechanisms, including judicial referral hearings. I should note, just based on my own experience, that I don't think we have seen that used as much as it could have been.

We also supported, in particular, the expansion of police powers, which would allow police to release an accused on arrest. This would reduce overall the number of bail hearings and, hopefully, the number of people in detention and custody.

We also noted that Bill C-75 made it a bit more difficult for people charged with domestic violence-related incidents who already had a record for such violent offences. That was something we made submissions on as well.

That was the overall import of the changes to the bail regime as a result of Bill C-75.

Lena Metlege Diab Liberal Halifax West, NS

Thank you very much, Mr. Chair.

Welcome to our witnesses. Thank you for coming today as we continue our study on bail reform. It may be one of our last sessions today, so we very much appreciate the immense experience that you all have and that you're all sharing with us.

Ms. Webb, I want to ask you, as you have 15 years experience yourself personally, but also with the Canadian Bar Association, among its various members who would have tremendous experience. You said the Canadian Bar Association supported Bill C-75. I wasn't there at that time.

Can you describe what Bill C-75 did and the impact it had on our bail system, in your opinion?

Melanie Webb Counsel and Communications Officer, Criminal Justice Section, The Canadian Bar Association

Good afternoon. Thank you for the opportunity to appear before you today on this important issue.

The Canadian Bar Association represents approximately 37,000 lawyers, students, academics and jurists across Canada. Our mandate includes seeking improvement in the law and the administration of justice. The criminal justice section is made up of a balance of Crown and defence counsel from every part of the country. Many of our members also frequently represent and provide advice to complainants and families of victims of crime during the course of criminal prosecutions.

I serve as the communications officer for the CBA criminal justice section, and I have been a criminal trial and appellate lawyer for the past 15 years.

In 2018 the CBA supported many of the amendments to the bail regime proposed in Bill C-75. The CBA submits that when considering any further proposals for bail reform a nuanced approach is appropriate. Any changes contemplated to the bail provisions must be evidence-based, consistent with constitutional rights, and consistent with the long-standing principles outlined in the lengthy line of bail cases from the Supreme Court of Canada.

It bears reminding that all persons who come before the court charged with an offence are presumed innocent until proven guilty. This is a constitutionally protected right. That presumption continues to apply no matter the subject matter of the offence and whether or not they have a prior record or outstanding charges. That presumption continues to attach to all persons at every stage of the criminal justice process, including the bail stage.

The culture of bail has often been referred to as being one of risk aversion, yet the Supreme Court has reminded us repeatedly that pretrial detention should be the exception and not the rule. That said, there will be times when detention is warranted, and detention is indeed ordered in bail courts across the country. Our jails are over capacity in many areas with people detained pretrial.

There have been calls to add more reverse onus offences on bail. There is already a long list of reverse onus offences in the Criminal Code, but regardless of whether or not a particular offence is a reverse onus or a Crown onus, Crowns are well equipped with the tools necessary to argue, where appropriate, that the accused should be detained or that the accused has not shown cause why they should be released. It is not uncommon for someone to be detained on Crown onus offences. Practically speaking, whenever serious violence is alleged to have been caused by the accused, and especially in cases involving firearms, the reality is that it is very much an uphill battle for an accused to be granted release, regardless of who the accused is.

It is by no means easy and by no means simply catch and release, as some have suggested.

Where the Crown is of the view that the lower court erred in granting release, the Crown may bring a bail review in short order to review that decision, and when an accused reoffends while on bail, the Crown may apply for the revocation of bail. These are not unusual or exceptional situations, and the Crown can successfully argue these cases where appropriate.

As the Supreme Court reminds us, the setting of bail is very much an individualized exercise. The law already provides for the consideration of a wide array of relevant factors that are taken into account by experienced judicial officers in every bail hearing. Modifying the language of the bail provisions of the code will not prevent tragic events such as the recent officer-related shootings or violent crime on the public transit system. Instead, a focus on addressing the root causes of crime, including providing greater resources to social supports that would help marginalized and vulnerable populations, would be more productive. We emphasize especially that this requires particular attention to those suffering from mental health issues, substance abuse issues, poverty and insecure housing.

Thank you for your time, and I look forward to answering any questions you may have.

Christine Normandin Bloc Saint-Jean, QC

Quickly, I have one last question for you.

We've heard a lot of information that tends to be empirical. On one hand, we've been told that the number of people granted release who then commit crimes has gone up significantly since Bill C‑75 came into force. On the other, we've been told that it has been much harder for offenders to be granted bail since the legislation came into force.

How can the data be compiled in order to accurately reflect what's going on, so that real—not anecdotal—evidence informs decision-making?

Marco Mendicino Liberal Eglinton—Lawrence, ON

You are correct. That's one of the things we did in Bill C-75. We took a look at the Supreme Court jurisprudence on the specific subject matter of bail and codified those principles so that we are using the criminal law as much as possible, and so that detention and the deprivation of liberty are a last resort and we otherwise look for ways to successfully rehabilitate.

For those who don't pose any risk and who are not violent offenders—those with mental health challenges and those with substance challenges—I think and I would hope that we can all agree that our resources should be invested in a public health approach to off-ramp. For those who do pose a serious violent threat to our communities, then yes, in some circumstances they will have to be separated from the community.

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Moore, obviously I share the concern that you do, that individuals who pose a serious to our communities, including through gun violence, should not be casually or easily released. That's one of the reasons we have committed to taking a look at the bail system.

I also want to say to you the following. I've spent the better part of a decade working on the front lines of the criminal justice system, and I've seen with my own eyes the consequences of the revolving door that you refer to. It is a metaphor that, yes, is deeply concerning from the standpoint of public safety, but it's also the concern of this government, and I hope you as well, Mr. Moore, that there are structural and systemic challenges within our criminal justice system that have led to the overrepresentation of indigenous people and racialized people in our criminal justice system. It is those twin-pillar objectives that we are striving to accomplish in Bill C-75: to clear the criminal justice system of non-violent offenders so that we can off-ramp them to get the treatment they need and they can be successfully reintegrated into communities; and to focus instead on the serious violent offenders who do, yes, pose a risk to our communities.

I would add one last thing, Mr. Moore. Bill C-75 essentially codified a number of legal precedents that were issued by the Supreme Court of Canada, so that we could provide clear guidance to the judiciary and to all the actors within our justice system, and so that the best possible decisions are taken. Is this an ongoing conversation? Yes. That's one of the reasons I'm here.

Rob Moore Conservative Fundy Royal, NB

Thank you, Minister.

I guess it's two very different things. I don't think there's anyone around this table who wouldn't accept that the tragic deaths that have taken place are just that: unacceptable.

What we need to hear is an acceptance of some of the criticism of the revolving-door justice system, including the criticism around Bill C-75. In fact, it would appear that your government's moving in exactly the wrong direction when it comes to firearms. Bill C-75 has made it easier for repeat offenders to get bail.

The Toronto police were here, and they provided this committee with testimony that said that there are individuals in Toronto who have been arrested on a firearms offence, receive bail, while on bail are arrested on a firearms offence and then receive bail again. Do you think in Canada that it's ever acceptable for someone who is on bail for a firearms offence to be arrested for a firearms offence and then get bail again? Is this what you're committed to addressing?

Rob Moore Conservative Fundy Royal, NB

Thank you, Mr. Chair, and thank you, Minister, for your appearance here today.

Minister, all 13 premiers rarely agree on anything, yet we have unanimity among all premiers in this country that your government's approach on crime is failing.

When your colleague, the Minister of Justice, appeared here to discuss this bail study that we're undertaking, he said, “I don't accept that,” when confronted with the claim made by all the premiers that Bill C-75, which changed the law when it comes to bail in this country.... Also, all the police testimony that we've heard has suggested that Bill C-75 has made it easier for criminals who should be behind bars to get bail and be back out on the street. The revolving door that has been put in place by this has caused great concern and has led to great tragedy in this country.

It shouldn't take a tragedy, Minister, for a government to look at the obvious consequence of misguided legislation and accept responsibility for it.

Minister Lametti said, “I don't accept that.” I'll ask you the same question. Do you accept the criticism from 13 premiers and from law enforcement that says that Bill C-75 went too far and that the bail system has to be strengthened?

March 22nd, 2023 / 4:55 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

Good afternoon.

Mr. Chair, ladies and gentlemen of the committee, honourable members, thank you for inviting me today.

I am here to discuss Canada's bail system, an issue that has generated growing public interest in recent months.

I want to commend the committee for studying this issue. It is an important one. It is vital to our public safety. It is also very emotional subject matter, particularly for the families of those who have been impacted by violent crime and for offenders who are attempting to pursue their paths toward reform and reintegration. On both sides of the equation, it is terribly important that we undertake this study in a constructive and civil way, and I want to commend each of you for the work and the energy that you are putting into it.

As we know all too well, the consequences of violent crime in our communities cannot be overstated. We owe it to all Canadians to take concrete action to address and reduce crime, so that all Canadians can be safe.

This begins with smart policy and investments in our law enforcement, as well as upstream social supports for those who are most vulnerable and at risk. Ensuring that Canada's criminal justice system prioritizes rehabilitation and safe reintegration goes hand in hand with all of those efforts.

As Minister of Public Safety, I am responsible for Correctional Service Canada, and thus the agency in charge of the rehabilitation of offenders and their safe re-entry into the community.

As such, this issue is at the core of my mandate. We know that addressing the issue of repeat violent offenders is a very complex one, but it is essential.

It begins with taking a hard look at achieving rehabilitation and safe reintegration. Reintegration comes with its own unique set of challenges, which, if left unaddressed, will increase the likelihood of someone reoffending and, by extension, causing harm, grief and loss.

That's why, in June 2022, I tabled the federal framework to reduce recidivism. It was to break the cycle of reoffending, to support rehabilitation and to make our communities safer for everyone. The framework is an important step toward identifying factors that lead people to reoffend and determining how to overcome those challenges to support the safest reintegration into their respective communities.

Developed in consultation with a variety of stakeholders, the framework lays out five priority areas essential to reintegration. They are housing, education, employment, health and positive support networks.

By June 2023, we will have an implementation plan to ensure that the supports are sustained over time.

This framework is an important step, but we know there is no one magic solution to addressing repeat violent offenders. Addressing the root causes of crime is also crucial to its success, and in this vein, Mr. Chair, we have made concrete investments in terms of the social determinants that can often lead to a life of crime.

Since 2015 we have focused on the social causes of crime with programs like the $250-million building safer communities fund, so that we can tackle gun crime and support community-led projects. This is in addition to the over $40 million provided annually through the national crime prevention strategy, which invests in community-based efforts that prevent youth involvement in crime and help to address the risk factors that have been known to lead to criminal activity.

More recently, I announced $5.79 million in funding under the crime prevention action fund for 902 ManUp’s Black empowerment initiative, in Halifax.

This funding will help empower young Black people across Nova Scotia to make the right choices by giving them a strong foundation in education and in the pursuit of their career, and by reducing barriers to the types of services and supports they need, as led by the community itself.

Since 2018, the gun and gang violence action fund has also provided funding to provinces and territories to increase community resources and to get guns and gun violence off our streets.

In Ontario, for example, this funding has been used to funnel additional resources to local law enforcement, prosecutors and community partners to reduce illegal gun and gang violence. This is in addition to the over $450 million that we've allocated to the CBSA in the last two years alone to reinforce our borders and stop the illegal flow of guns into our country.

We realize, of course, that some individuals go on to reoffend, and that's why we provide annual funding to our provincial and territorial counterparts, helping to build their capacity to identify and monitor high-risk violent offenders, and equip them with better tools for prosecution and conviction.

Mr. Chair, smart policy on guns is also an essential policy and part of this plan. We have made historic strides in combatting gun violence through our recent firearms legislation. In 2020, our government banned over 1,500 models of assault-style weapons, and last year we expanded background checks to keep firearms out of the hands of criminals.

Bill C-21, which is currently being studied by Parliament at committee, will increase maximum penalties from 10 to 14 years for firearms-related offences and include new charges for altering the magazine or cartridge of a gun to exceed its lawful capacity. This is about tackling violent crime and preventing senseless tragic deaths.

We know that no single initiative can solve the complex problem that is gun violence. This bill is merely one facet of our comprehensive approach.

This legislative session, we agreed to strengthen public safety through the Criminal Code, with amendments targeting violent offenders and serious offences committed with firearms. I know this committee has also been seized with legislation that includes Bill C-75 and Bill C-71, and, as I said, our colleagues at the Standing Committee on Public Safety are also studying Bill C-21.

When it comes to bail reform, Mr. Chair, we are listening to Canadians; we are listening to the law enforcement community, and we are listening to victims and survivors.

I am working closely with the justice minister, Mr. Lametti, as well as with our provincial and territorial partners, to carefully examine how the bail system is structured and ensure that it takes into account the safety of all Canadians.

As you know, Mr. Chair, we recently met with our federal, provincial and territorial colleagues to talk about the ways in which we can make certain modifications to the bail system so that we can address specifically the challenges around repeat violent offenders who have used either firearms or other weapons. We have committed to undertaking this work within this legislative session, one in which we will work in close collaboration with our provincial and territorial partners as well as with all the members of this committee and all parliamentarians.

Mr. Chair, I am very much looking forward to the questions and comments from your committee. Thank you very much.

March 20th, 2023 / 5:30 p.m.


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President, Association québécoise des avocats et avocates de la défense

Marie-Pier Boulet

Particularly with respect to section 515 of the Criminal Code, all the reasoning is indeed in place for judges to rule on a case-by-case basis. At the end of the day, it will always be case by case, even when there is no reverse onus or when the onus is on the Crown. It is standard for an exit plan—a life plan—to still be presented to the judge. Everything is in place to rule later on the efficiency and sufficiency of the process within that framework. The legislative aspect is covered.

With respect to release for serious crimes, when we say that we will be prepared to challenge them, it's about wanting to always have access to the possibility of interim release. We understand that, in those cases, there is quite an uphill battle. It's important to know the current law well, because it already provides for a reverse onus.

Regarding former Bill C‑75, we did not at all feel that there was a wave of sudden releases in cases of serious crimes. Instead, the result was to eliminate unnecessary bail hearings where it was clear that the person could be released on conditions. It cleaned up the process and freed up more time to deal with more serious cases, such as serious crimes.

March 20th, 2023 / 5:25 p.m.


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Minister of Justice and Attorney General, Government of Saskatchewan

Bronwyn Eyre

That's an interesting question. From the federal perspective, in terms of Bill C-75.... Bill C-75 is very broad. There are a number of aspects that it touches on. In terms of the concerns and focus that we raised at the federal-provincial-territorial meeting, it was—as I've said a number of times repeatedly—more around the issue of repeat violent offenders as it relates to section 493.1 and the principle of restraint.

Bill C-75, as members will know, did also.... A part of its purpose was to address Jordan and the Jordan principle and, as you say, the adjournment pattern. I understand that. That's also a factor.

There are many factors in this discussion, many things to consider and many balances to weigh. That's certainly clear when it comes to bail and consideration of bail.

Our main focus, as provinces, was with repeat violent offenders, offences with weapons and random attacks, which are absolutely on the rise, and addressing them through the prism of Bill C-75, which is a very recent bill, and the effects it has had in that narrow area.

March 20th, 2023 / 5:25 p.m.


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Minister of Justice and Attorney General, Government of Saskatchewan

Bronwyn Eyre

I did make a few comments about that earlier, so I won't repeat myself. In the bail policy, which has now been made public, we state explicitly that it's not only appropriate, but necessary, that Crown counsel, in certain circumstances, take a more stringent approach to bail.

It says, “When a repeat violent offender is charged with an offence against a person or involving a weapon, Crown Counsel must seek that person's detention”—there's very similar language in B.C.—“unless they are satisfied, having regard to all of the circumstances, that the risk to public safety posed by the accused's release can be reduced to an acceptable level by bail conditions”, and so it goes.

It's important to point out that this builds on what is already considered in bail circumstances. The question, as I've said a number of times, is really about that repeat violent offender circumstance. That's really been the focus over the last few months, if not years, in terms of looking at that specifically, in relation to Bill C-75 and sections 493.1 and 493.2.

That's really been the concern. It was pretty united across the country that there was going to be a range of numbers, but overall, since that time, bail violations, as it were, have increased very significantly.

March 20th, 2023 / 5:20 p.m.


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Minister of Justice and Attorney General, Government of Saskatchewan

Bronwyn Eyre

Thank you.

Unfortunately, I'll probably have to go. I have to be back in the House in a few minutes, so if I suddenly disappear, you'll understand why. I apologize for whispering, too. I feel terrible about that. I wasn't on mute.

Before I answer about the programs, to your question, there was of course the Supreme Court case that Bill C-75 codified, and we discussed that at FPT. Of course, Bill C-75 was very broad, so the concern that was raised by ministers across the country was really specifically around the principle of restraint as it impacts repeat violent offenders, offences with weapons and random attacks.

Section 493.1, in codifying that principle of restraint in those cases, made the pendulum swing too far. As I say, we'll have read how the judge grappled with that in the Ontario provincial officer case, where he knew it was iffy based on the repeat violent offending but was sort of bound by 493.1 in that case too.

In terms of programs—

Prof. Jillian Rogin

I think the presumption of innocence, among many other constitutional issues, including the very right to reasonable bail in section 11(e), were at stake.

Prior to Bill C-75, the Supreme Court decisions really didn't introduce any new ideas. They confirmed codified language and existing jurisprudence. It was necessary because issues still persist post Bill C-75 such as delays in bail courts, onerous conditions and excessive overuse of sureties. All of these issues continue to plague us, I think, in our system. That's why Bill C-75 tried to at least send a strong message to justices, justices of the peace, Crowns and all of us that something needed to change.

In many ways, the law isn't followed. The bail laws in the code that are codified are often ignored, in my experience of appearing in the bail courts, blatantly ignored in many ways. We have yet to see whether Bill C-75 has had an impact on that. My understanding from many colleagues is that it hasn't necessarily, as Mr. Bytensky pointed out. I think, in his words, the law from above doesn't necessarily translate into what happens day to day in the bail courts.

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Thank you very much, Chair.

Thanks to our witnesses for being here today.

I want to go to Professor Rogin. Since Bill C-75 was raised by other witnesses, can you talk a bit about why Bill C-75 was necessary in light of Supreme Court decisions in terms of the presumption of innocence?

Prof. Jillian Rogin

I think that we don't know yet. I don't think that we have any.... Bill C-75 is in the last number of years, and we really don't have much of an understanding of how it has operated. We know that there are certain aspects that I don't think are being made use of. Judicial referral hearings, for example, are not being made proper use of.

We don't know the impact of section 493.2 yet. The jurisprudence is still developing. It's very early to be considering further bail reform when a massive reform in Bill C-75 has just occurred not too many years ago.

Lena Metlege Diab Liberal Halifax West, NS

Can you describe, in your opinion, what Bill C-75 did and the impact on the bail system?

March 20th, 2023 / 5 p.m.


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Minister of Justice and Attorney General, Government of Saskatchewan

Bronwyn Eyre

Yes, I would. I think that was a culmination and an impetus in terms of the tragic events involving Officer Pierzchala, but I believe it certainly has been on the radar. In my remarks, I pointed to some of the statistics we're seeing in Saskatchewan around bail violations—a massive increase. I think it's fair to say that, while numbers range among provinces, there is an absolute acknowledgement, particularly post-2019 and Bill C-75, that the numbers have gone up exponentially. I think that is something we have to deal with, so—

March 20th, 2023 / 5 p.m.


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Minister of Justice and Attorney General, Government of Saskatchewan

Bronwyn Eyre

Yes, I would.

In that case, I believe, the letter was—if you like—spearheaded by Premier Ford, although, as I said, it was signed by every premier. It followed on the tragic death we referenced of the Ontario Provincial Police officer. Everyone acknowledged that was a particularly tragic symbol and reality of the bail situation in the country. I think the sense, in writing that letter, and also among ministers who went to Ottawa 10 days ago, is that, if the bail system isn't broken, it's getting close to being broken.

Bill C-75 in 2019, which is obviously relatively recent, was something that swung the pendulum too far. There needs to be a correction. Of course, everyone understands the underpinnings of the presumption of innocence, the reasons for bail and issues around remand and overpopulation. All those things are top of mind and of concern.

I think it's fair to say the ministers felt—and the premiers in penning their letter—that particularly around Bill C-75 and the “principle of restraint” language that it codified.... The language is very clear that it codifies. Tragically, in the case of the Ontario Provincial Police officer, dealing pre-that with the bail release, some of those precise sections arose and had to be grappled with by the judge. We know, in this case, there was a pretty tragic outcome.

Bronwyn Eyre Minister of Justice and Attorney General, Government of Saskatchewan

Thank you, Mr. Chair, and thank you very much for graciously accommodating me this afternoon.

First, I would like to say that I was certainly very pleased to participate on behalf of Saskatchewan, with my colleague Minister Tell, in the federal-provincial-territorial meeting on bail reform 10 days ago, chaired by Minister Lametti and Minister Mendicino.

As Saskatchewan, we were pleased to hear federal Justice Minister Lametti announce a commitment to “move forward quickly on targeted reforms to the Criminal Code on bail”. We are also pleased that he called his commitment the result of “good faith collaboration by all levels of government to address the needs posed by repeat violent offenders.”

Certainly, we agree. The bail system, specifically around repeat violent offenders—let's be very clear about that—is in need of reform. As we know, the primary purposes of bail are maintaining public safety and public confidence, and these risk being undermined. Only one-third of Canadians now have confidence in our criminal courts. Police chiefs across the country are calling for reform. Sheriffs are being deployed to cities' downtowns. Provinces are having to devote and deploy additional resources to community safety. States of emergency are on the rise on reserves in Canada.

There is no question that social disorder and crime are on the rise. Of course, we have seen some tragic deaths—a number of people have referenced that of Ontario provincial police officer Pierzchala—over the past few months. In that case, as we know, the judge had serious concerns about release, and about which it's been written that even a bleeding heart could turn to stone considering some of the offences that had previously been committed in that case by that offender.

What's known as “catch and release” bail is part of a broader problem. The numbers point to that. In Saskatchewan in 2021, according to data from Statistics Canada, there were 15,274 incidents of bail violations. This is a 9% increase over the number of bail violations in 2020, which was 14,000, and a 30% increase from the number of bail violations in 2018.

Saskatchewan has expressed concerns with federal Bill C-75 passed in 2019, which established a principle of restraint that favours release on bail “at the earliest reasonable opportunity and on the least onerous conditions”.

At the FPT 10 days ago, I challenged these provisions in Bill C-75 and put forward potential amendments to the Criminal Code that would hold repeat violent offenders accountable, improve public safety and restore Canadians' confidence in the justice system.

Also, leading up to the most recent ministers meeting, Saskatchewan, with Manitoba, called on the federal government to expand reverse onus provisions in bail for crimes using knives and bear spray. As well, all Canadian premiers leading up to the FPT, including Saskatchewan, called for reverse onus on bail for those charged with violent gun crimes, as well as a broader review and bail reform. Certainly, provinces were united going into the recent ministers meeting that it is time to correct the balance.

As I referenced, Saskatchewan proposed a number of specific changes creating reverse onuses on bail for repeat violent offenders, strengthening language around the importance of community safety and requiring judges to provide written consideration of the impacts to public safety when releasing violent offenders on bail.

Our specific proposals, which were also provided to Minister Lametti at the FPT, include the following as they relate to Bill C-75 and section 493.1 of the Criminal Code.

We proposed changing the wording as follows. After “In making a decision under this Part,” we would add, “firstly taking into account the need for public safety,” and then carry on with “a peace officer, justice or judge shall give consideration”, removing the word “primary”. Then, after “to the release of the accused”, we would continue with the wording.

We also proposed changes to subsection 515(10) that there be included an express reference to “use of weapons and repeat violent offences, with or without a weapon, as grounds for consideration of detention”.

Finally, on reverse onus, we proposed, first, that a new reverse onus be created for weapons offences and a new reverse onus that targets violent offenders who have previously been convicted of a violent offence, with or without a weapon. Second, we proposed that the tertiary ground be amended, in subparagraph 515(10)(c)(iii), to include the use of “any weapon” as grounds for consideration of detention. Third, we proposed codifying the definition of weapons “prohibition order” to include a clause in a release order.

Fourth, and finally, we proposed requiring judges, when releasing someone accused of violence or weapons, to make a statement on the impact to community safety and consideration towards victims.

I'll leave it there, Mr. Chair.

March 20th, 2023 / 4:05 p.m.


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President, Canadian Police Association

Tom Stamatakis

From my perspective, police officers are using that tool. We are exercising those authorities more frequently now than ever before, but we're talking about a type of offender who's different from what I've made submissions on. I accept my friend's submissions with respect to being careful not to create situations where people lose their jobs or that have a significant impact, but that's not what I'm talking about here. We're talking about repeat violent offenders who have demonstrated over and over again that they have no regard for public safety, whether we're talking about police officers or Canadians, and they're being released. We need to do something different.

I'm not going to sit here and suggest that I have all the answers, but if we came up with a definition, for example, maybe we could deal with the issue that comes up out of Bill C-75, for example, where for administration of justice offences there is no record for that. A judge, in fact, dealing with a person who repeatedly breaches conditions may not know that person has repeatedly done that over and over again. I don't know.

All I'm saying is let's create some kind of better guidance for the people who are dealing with these difficult cases so that we are targeting the right people, those repeat violent offenders, not someone who has made a mistake or has not demonstrated a complete disregard for public safety or the rule of law in this country. That's the point I'm making.

Can we come up with something, for example, where a judge would be informed with respect to the impact on victims and those kinds of things? I can give many examples. We've talked about the police officers who were killed in the last number of months, but how about the police officers who were shot? How about the co-workers who are affected? How about the dispatcher or the communications operator who is never going to come back to work because of feelings of guilt, and all of the other ramifications of dealing with those issues.

It's not just with respect to police. What about those people who are dispatching when citizens are killed or seriously harmed? There is a huge impact, and we have to get ahead of it somehow.

Christine Normandin Bloc Saint-Jean, QC

I imagine there must be more habeus corpus applications in connection with that, given the steady increase in delays in getting bail hearings.

Thanks to the former Bill C‑75, police officers have more flexibility in terms of release. Is this tool being used properly? Professor Myers recommended that police officers be given more resources to make better use of it. That would also take some pressure off the justice system.

I'd like to hear your thoughts on this.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

March 10th, 2023 / 12:45 p.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, Bill C-75 was introduced four years ago. One of its stated purposes was to reduce the number of indigenous people in our criminal justice system and in our prisons. However, our correctional investigator, Dr. Zinger, said in his latest report that the number is going in the wrong direction, particularly for indigenous women. Could my colleague comment on that?

Justice and Human RightsCommittees of the HouseRoutine Proceedings

March 10th, 2023 / 12:45 p.m.


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Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Mr. Speaker, it is a Friday afternoon, and my friend from Esquimalt—Saanich—Sooke has brought forward a very important conversation today.

I do not really want to get into a political debate, but I want to put on the record that the member and the party opposite have consistently spoken out against Bill C-75, which in many ways addresses the issue of gender-based violence. Many provisions were brought in that were not available in protecting victims, so I find it a little disingenuous when the party opposite starts going into a political discussion on timing of an appointment, where the real issues are addressed in Criminal Code amendments we have brought forward as a government, which they continuously criticize, demean and in fact misinform the public on.

March 8th, 2023 / 6:30 p.m.


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Assistant Professor, Faculty of Law, University of Windsor, As an Individual

Danardo S. Jones

Indeed. We know from the social science data that police officers engage in racial profiling. At this point in time, that's not a very controversial statement to make. What that results in is an over-prosecution of racialized people, of indigenous and black people.

When these people are in bail court, as I said earlier, because of how we read risk and how risk is kind of inscribed on bodies, these people, whether it is the Crown's onus or it's a reverse onus, are seen as less likely to adhere to whatever bail condition they have received than someone not in their position. We have certain narratives around who is more trustworthy. That is the threshold for evidence in a bail hearing—credible and trustworthy evidence. Some people, because of certain racial narratives, as I said, are deemed to be more credible and more trustworthy. We're talking about not just the accused person but also any sureties they may rely on.

There's a profound issue with how risk is understood and how we read risk on particular bodies. This is where that race sensitivity or awareness or consciousness comes into play. Is that something you can legislate? Not necessarily. As I said, I think Bill C-75 gave us some language, but it is incumbent on Crowns and defence lawyers and JPs and judges to start taking notice of some of these racial realities on the ground and incorporating them into their decision-making.

Rhéal Fortin Bloc Rivière-du-Nord, QC

You talked about the impact of former Bill C‑75 on access to bail. I'd like to hear your views on the impact the elimination of mandatory minimum sentences had or didn't have on access to bail. Did it change anything, for instance, how judges assess the seriousness of the offence?

Lena Metlege Diab Liberal Halifax West, NS

Thank you for that.

Can you describe what Bill C-75 did, in your experience, and the impact it had on the bail system?

Markita Kaulius President, Families For Justice

Thank you very much for inviting me to be here today.

On December 27, 2022, the killing of an Ontario Provincial Police officer brought renewed scrutiny to Canada's bail system. Before the shooting death of Constable Greg Pierzchala in Ontario, the 25-year-old suspect, Randall McKenzie, was wanted by police for missing an August court date. He was accused of assault, and he faced a number of weapons charges. A judge issued a warrant for Mr. McKenzie's arrest when he failed to show up for a court date.

Mr. McKenzie had a previous lifetime firearms ban after being convicted for a 2017 armed robbery. He spent much of his nearly three-year sentence in maximum security for allegedly stabbing another inmate. While out on bail for charges of assaulting another police officer and illegally possessing a handgun, Randall McKenzie is now facing a charge of first-degree murder in the death of Constable Pierzchala.

There have been six police officers killed across Canada in the line of duty in the last few months. The Canadian public and several police agencies have great concern and are demanding new bail reforms.

On January 13, 2023, premiers across Canada issued a call to action, strongly asking the federal government to take immediate action to strengthen Canada's bail reforms. The call for bail reforms is supported by several police agencies. In addition, you have millions of Canadians who are asking for bail reforms and demanding tougher sentencing laws in Canada. We believe the rights of the accused are being prioritized over the rights of victims and public safety.

The criminal justice system fundamentally needs to keep anyone who poses a dangerous threat to public safety off the streets. This starts with meaningful changes to the Criminal Code, an area solely within the federal government's jurisdiction.

Most Canadians feel that enough is enough. We cannot allow the deaths of police officers or innocent people to go unchallenged. As elected government officials, it is a priority to review the judicial and public safety frameworks, commit to fully understanding the best remedies, identify what isn't working and call for change to ensure that this does not continue. Everything should be on the table, from bail to sentencing to a growing, chronic shortage of police officers.

In B.C. recently, statistics show that 200 people accounted for more than 11,000 police files in just one year. Our police agencies also flagged a significant increase in the number of offenders routinely breaching conditions without consequence while out on bail and failing to appear in court without any consequences.

The urgent call for stronger bail conditions, stricter consequences and sentencing, as well as stronger consideration for maintaining public confidence in the administration of justice in bail and charge assessment policies, is long overdue.

In B.C., since 2017, there's been a 118% increase in the amount of time the province takes to review files it receives from the police, and a 75% increase in the rate of the BC Prosecution Service choosing to not charge suspects on police file cases.

We have a criminal justice system that is not working, and it hasn't been working for years. Most Canadians, when asked to consider our criminal justice system, refer to the system as a joke, based on the lack of appropriate sentences handed down for serious crimes, and these sentences are based on previous court precedents. These include impaired driving cases, stalking, domestic violence and homicide cases.

Bill C-75, a federal bill passed in 2019, was designed in part to modernize and streamline bail procedures. However, it is inadvertently causing more repeat offenders to end up on the streets. We now see easy catch-and-release bail policies that make it easier to get bail, and we seem to have a revolving door at the courthouse.

In Canada, the accused who have been arrested—who have a long rap sheet for previous offences or violent crimes, or who are prolific offenders who continue to commit crimes knowing not much will happen to them in court—are being released again and again, and are being given a minimal sentence, if any at all.

Canadians believe that if convicted, a person should stay behind bars [Technical difficulty—Editor] to the public. Ensuring the safety and security of victims and witnesses should be an essential part of the decision-making process in release procedures.

We would like to see a legislative bill for reform that gives more weight to those whom we deem as chronic offenders, those who have demonstrated a repeat pattern of violent behaviour, behaviours with firearms and the actions caused by involvement due to being impaired by alcohol or drugs. Previous criminal history should play a large part in determining if bail is granted.

On behalf of all victims of crime, I call upon this justice and human rights committee and the federal government of Canada to make the needed changes to strengthen Canada's bail reforms to ensure public safety for all Canadians.

Thank you.

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

I'll go back to Ms. Coyle.

In terms of conditions being imposed, Bill C-75 was supposed to create this better link that Dr. Myers referred to between the conditions and the offences and the reasons for detention.

Do you find that's what's actually happening on the ground, or are we still having blanket abstinence conditions imposed on people who have addiction problems, setting them up to fail? Is that still happening?

Karen Vecchio Conservative Elgin—Middlesex—London, ON

I'm sorry, Jennifer. I just don't have very much time, but I have lots of questions.

I want to go to Dr. Nicole Myers. When we're talking about the reverse onus of C-75, do you support the reverse onus when it comes to those who have been sexually exploited and trafficked and suffered domestic violence? What are your thoughts on that, if you don't mind sharing?

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Thanks.

Jennifer, I just want to ask, because you're speaking about this. In Bill C-75, we're talking about reverse onus. You've talked about this police officer showing that they're good, and they have to have this reverse onus proving that they're not going to do it again. Are we hearing the exact opposite, though, from what you're talking about with this police officer and other people within our own community?

Dr. Nicole Myers Associate Professor, Department of Sociology, Queen’s University, As an Individual

Thank you, Mr. Chair and members of the committee, for the invitation to speak with you today.

My name is Dr. Nicole Myers. I'm an associate professor at Queen's University. I've been studying issues around bail and pretrial detention for almost 20 years.

Following a tragic event, it is understandable that people, especially the police, are upset and concerned about what's happened and would like to find a way to make sure it does not happen again in the future. I agree that our bail system merits review and attention.

While a tragic incident may be what motivates a critical review of the law and the operation of the system, systematic empirical data needs to be what informs our conclusions about the system and the directions for change. When we think about bail, we must be mindful of the foundational principles of the criminal justice system and the rights enshrined in the Charter of Rights and Freedoms, including the presumption of innocence and the right to reasonable bail.

The Supreme Court of Canada has emphasized that restraint must be exercised in the bail decision, with the starting position being that accused are to be unconditionally released. To hold people accountable for their actions and to sanction and punish behaviour, we must first convict people of the offence for which they've been charged.

What do we know? We know that Canadian crime rates, including violent crime rates, continue to be at historic lows. However, the bail decision in Canada has become generally more restrictive and more risk-averse over time. For example, in Canada the number of people in pretrial detention has exceeded the number of people convicted and sentenced to provincial custody since 2005-06. In 2021-22, 70.5% of the provincial jail population across Canada was in pretrial detention. The rate at which we use pretrial detention has more than doubled in the last 40 years, and the number of people in pretrial has quadrupled in this time.

Given the rate, number and proportions of people in remand, it is clear that Canada is not lenient when it comes to pretrial detention. Many people are serving time before they have been found guilty.

One of the biggest difficulties we face is that there is no accurate, reliable way to predict who is going to go on to commit crimes in general or serious violent offences in particular. Our criminal justice system cannot and should not be expected to identify, address and eliminate all future risks. Any attempts to predict risk are both unreliable and discriminatory, especially against indigenous people, Black people and other racialized communities.

The law already provides mechanisms to keep people in pretrial custody where appropriate, including for reasons of public safety.

Keeping people in pretrial detention removes them from the community and may provide some short-term public safety. This protection, however, is temporary and is undermined by longer-term negative public safety outcomes.

Custody is not only incredibly expensive; it is also criminogenic. Even short periods of time in custody make it more, not less, likely that someone will commit further offences in the future.

The specific proposal to create more reverse-onus provisions is not an effective way to achieve the objective of enhancing public safety. Reverse-onus provisions are problematic and unnecessary, as they fail to acknowledge the inequality of power and resources between an accused and the state. When a person's liberty is at stake, the state ought to bear the onus of demonstrating that detention is justified, rather than an accused person bearing the onus of demonstrating why they ought to be released.

If the risk of an accused is significant, the Crown will make these submissions to the court, and an accused can be detained; if they are released they will be subject to conditions and monitoring in the community. It is a slippery slope to pursue, making the system more restrictive when our provincial jails are already full of legally innocent people. Tightening the bail system and increasing our reliance on pretrial detention will have discriminatory outcomes on the most marginalized, the most over-policed and the most disproportionately incarcerated in society, compounding disadvantage, having the opposite of our intended effect of making the communities less rather than more safe.

The best way forward is through a thorough and principled review of the law that brings together justice system actors and community stakeholders to consider the purposes of bail and how to best balance rights with public safety. We might consider that rather than making amendments to section 515 of the Criminal Code, we step back and reconceptualize and fully replace the law on bail, with recent Supreme Court of Canada decisions in mind, explicitly outlining principles, objectives and directions for how decision-makers are to exercise their discretion.

We should set up and encourage the police to use their powers of release, including judicial referral hearings that were created by Bill C-75. Having fewer minor matters starting in bail court will give the courts more time and resources to focus on those that are more risky or more serious.

We should improve efficiency and case processing, including access to justice. More funding for legal aid will help reduce the number of people who are held in custody as well as the amount of time that people are detained or subject to conditions in the community. We might think about developing specific, principled hurdles to detention.

The crisis in our bail system is not one of an overly lenient or lax system. What happened is undoubtedly tragic. Allegations of violence, especially repeat violence, are concerning. There are opportunities for reflection and change. The question, however, is one of priority. Are we more interested in short-term or long-term public safety? I encourage everyone to uphold the principled purposes and limits of the criminal law by prioritizing the latter.

Thank you.

Telecommunications ActGovernment Orders

March 6th, 2023 / 6 p.m.


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Conservative

Fraser Tolmie Conservative Moose Jaw—Lake Centre—Lanigan, SK

Mr. Speaker, it is always an honour to rise in this House on behalf of the people of my riding of Moose Jaw—Lake Centre—Lanigan.

The safety and security of our nation is of paramount importance, and I understand the need to enhance the safety and security of Canadians, both here at home and abroad. This would include many of our international corporations, which are large contributors to our economic base, and of course our own government institutions and interests. Having the opportunity to speak to cybersecurity in Canada gives us an opportunity to enhance or increase our country's ability to protect us from cyber-threats.

A significant concern for all Canadians is security. This concern has increased in recent times, as we see the rise in organized crime and gang-related offences, which have gone up 92%. The question I ask myself when I see this increase is this: Will the Liberal government be led by evidence and act on the evidence that has been reported?

Cybersecurity is extremely important for our nation to protect itself from inside and outside threats. I welcome Bill C-26, but I do have some concerns pertaining to the success of the bill, and one concern is about accountability. This is a question that we in opposition bring up every day in this House and regularly.

Bill C-26 is essentially divided into two different parts. The first part is to amend the Telecommunications Act to promote the security of the Canadian telecommunications system, adding security as a policy objective; to bring the telecommunications sector in line with other infrastructure sectors; and to secure Canada's telecommunications system and prohibit the use of products and services provided by specific telecommunications service providers. This amendment would enforce the ban on Huawei Technologies and ZTE from Canada's 5G infrastructure and would remove or terminate 4G equipment by the year 2027. What stands out to me, which has been a concern, is the time that it took the government to react to enforce the ban on Huawei.

The second portion of this bill is to enact the critical cyber systems protection act, or CCSPA, designed to protect critical cyber systems and “systems that are vital to national security or public safety and that are delivered or operated...within the legislative authority of Parliament.” As a report by Norton Rose Fulbright notes, the purpose of the CCSPA is, first, to “[e]nsure the identification and effective management of any cybersecurity risks, including risks associated with supply chains and using third-party products and services”; second, to “[p]rotect critical cyber systems from being compromised”; third, to “[e]nsure the proper detection of cybersecurity incidents”; and finally, to “[m]inimize the impacts of any cybersecurity incidents on critical cyber systems.”

The impacts of this bill would be far-reaching, and here are the things that need to be considered when this bill is in place. The government would have the power to receive, review, assess and even intervene in cyber-compliance and operational situations within critical industries in Canada; to make mandatory cybersecurity programs for critical industries; and to enforce regulations through regulatory and legal enforcement, with potential financial penalties. With this in place, the Governor in Council and the Minister of Industry would be afforded additional powers.

As the report notes:

If any cybersecurity risks associated with the operator’s supply chain or its use of third-party products and services are identified, the operator must take reasonable steps to mitigate those risks. While the Act doesn’t give any indication of what kind of steps will be required from operators, such steps may be prescribed by the regulations [at committee].

It goes on:

The Act also addresses cybersecurity incidents, which are defined as incidents, including acts, omissions or circumstances, that interfere or could interfere with the continuity or security of vital services and systems, or the confidentiality, integrity or availability of the critical cyber systems touching upon these vital services and systems. No indication is given as to what would constitute interference under the Act. In the event of a cybersecurity incident, a designated operator must immediately report the incident to the CSE and the appropriate regulator. At present, the Act does not prescribe any timeline or give other indication as to how “immediately” should be interpreted.

Some deficiencies in Bill C-26, as it is presently drafted, can be listed as follows:

The breadth of what the government might order a telecommunications provider to do is not sufficiently bounded.

The secrecy and confidentiality provisions imposed on telecommunications providers threaten to establish a class of secret law and regulations.

There is a potential for excessive information sharing within the federal government and with international partners.

The costs associated with compliance with reforms may endanger the viability of smaller providers.

The vague drafting language means that the full contours of the legislation cannot be assessed.

There exists no recognition of privacy or other charter-protected rights as a counterbalance to the proposed security requirements, nor are appropriate accountability or transparency requirements imposed on the government.

Should these recommendations or ones derived from them not be taken up, the government could be creating legislation that would require the public and telecommunications providers to simply trust that it knows what it is doing and that its actions are in the best interests of everyone.

Is it reaching the right decision to say that no need exists for broader public discussion concerning the kinds of protections that should be in place to protect the cybersecurity of Canada's telecommunications and networks? The government could amend its legislation to ensure its activities conform with Canada's democratic values and norms, as well as transparency and accountability.

If the government is truly focused on security for Canadians, should we not start by reviewing the gang and organized crime evidence showing that our present policies have failed? Should we not look at safety and security in our bail reform to protect innocent Canadians who become victims?

If Bill C-26 is a step in protecting Canada from cybersecurity threats, what is the review process to ensure compliance? What is the review process to ensure effectiveness and goals are met when we look at Bill C-75 regarding bail reform? The NDP-Liberal government is not interested in reviewing bail reform even though the evidence clearly shows that Bill C-75 failed.

Cybersecurity is important to our country's security, as are the victims of crime after their safety and security are violated. I am deeply concerned that the government is struggling with evidence-based information to review Bill C-26, as Bill C-75 and Bill C-5 are not supported by evidence. In fact, offenders and criminals are a higher priority than their victims are. My concern is if Bill C-26 requires amendment or review.

Bill C-26 proposes compliance measures intended to protect cybersecurity in sectors that are deemed vital to Canadian security. Therefore, although late out of the gate, Bill C-26 is a start.

In conclusion, I would like to see some clear accountability to ensure the objectives of this bill are met and that a proper review process is conducted that holds individuals, corporations, and most importantly, our government accountable.

Larry Brock Conservative Brantford—Brant, ON

Thank you, Mr. Chair.

Thank you, Chief Davis, Chief Montour and Superintendent Lecky for your attendance today. This is an extremely important topic. We are trying to produce a report, so the House of Commons can effect change. It's near and dear to my heart, given my previous career.

I'm going to try to split my time as equitably as possible. I will start my time with you, Chief Davis.

We've heard from the Minister of Justice—also known as the Attorney General, or Canada's chief lawyer and prosecutor—who made, in my opinion, some pretty inflammatory comments that could only come from an academic. That's his background—academia. He taught law. He did not practise law in the trenches. We have a couple of prosecutors on this Conservative team right now. I want to separate theory and academia from reality.

Some topics, or some lines the minister has used, are as follows. He said that our bail system is sound and strong; that there's a law that already tells us that, if the accused is a threat to public safety, they should not be released on bail; that it's erroneous to attribute recent events such as the killing of the OPP officer to Bill C-75; that Bill C-75 made it harder to receive bail; and that individuals are not supposed to get bail if they fall within the enumerated classes under section 515 of a flight risk, a danger to the community and where the administration of justice will be brought into disrepute, known as the tertiary grounds.

That's theory. Let's talk about reality. What do you say?

David Lametti Liberal LaSalle—Émard—Verdun, QC

The spirit of Bill C-75 is that those conditions should not be imposed. There shouldn't be anything there that is not in any way linked to the crime or those other standards like recidivism, public safety, etc.

We need to keep working at the mise en oeuvre, the implementation of the bill.

David Lametti Liberal LaSalle—Émard—Verdun, QC

Former Bill C‑75 introduced a reverse onus provision to help victims and make it harder for accused to access bail.

We were looking into other options as well, so we also provided more clarity around certain definitions of sexual violence in former Bill C‑51. In addition, through former Bill C‑3, we ensured that judges would receive better training on how to deal with matters involving intimate partner violence and sexual assault.

We fully support victims all over the country through our programming, and we remain open to making further changes to address intimate partner violence. I know that one of the members here today put forward a bill on coercive control, and I announced publicly my support for the bill. It's also very important to define offences in a way that is understandable to the victims in those situations.

Élisabeth Brière Liberal Sherbrooke, QC

Thank you. What do you say to someone who argues that Bill C‑75 weakened the bail system?

David Lametti Liberal LaSalle—Émard—Verdun, QC

Thank you for your question.

As I said, Bill C‑75 was the product of extensive co‑operation between the federal government and the provinces and territories. We brought together the best ideas out there for reforming the criminal justice system, including the bail system. Thanks to the bill, we were able to establish the framework for a number of Supreme Court decisions relating to bail. In that sense, the bill did not alter the foundation—the architecture, if you will—of the system or the most important rules and regulations. What it did was provide clarity around the principles set out by the Supreme Court of Canada.

We also had to address the overrepresentation of indigenous and Black people in the justice system, especially in regard to minor offences. That includes administration of justice offences such as an individual missing a meeting or a hearing because of distance. We adjusted the requirements and conditions to match the real problems. The provinces and territories welcomed the reforms at the time.

Obviously, some of the situations that have been mentioned pose a challenge. We are prepared to take another look at the whole thing to see what we can do to make the legislation better.

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Right, but when it comes to serious offences, we can agree that since Bill C-75 and in the last five or six years—seven or eight years, really—more people are getting out on bail for serious offences.

Would you agree with that?

David Lametti Liberal LaSalle—Émard—Verdun, QC

No, in terms of serious offences, Bill C-75 didn't change anything. It made it harder for people in cases of intimate partner violence.

What Bill C-75 tried to do was.... In the case of administration of justice offences, like missing a bail hearing, those kinds of minor offences were meant to not be a larger point of entry into the criminal justice system.

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Okay. Are you saying then that fewer people should have been getting bail based on Bill C-75? Is that your position?

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Thank you, Mr. Chair.

Thank you, Minister, for being here. It's always a pleasure to have you here.

Do I have it right that your testimony before committee today is that you believe that Bill C-75 made it harder for people to get bail? Do I have that correct?

David Lametti Liberal LaSalle—Émard—Verdun, QC

I think we need to continue trying to implement Bill C-75. Part of Bill C-75 was precisely to make sure that bail conditions were linked to the goals that we had in the system of keeping Canadians safe and preventing recidivism. We need to continue in that light.

We also tried to make sure that the so-called administration of justice offences didn't become a reason for someone to enter into the revolving door of the bail system and the carceral system in a way that in no way protected the safety of people. It did have an impact on indigenous and other racialized Canadians in that regard.

It's going through with the reforms in Bill C-75 as the first step and then re-evaluating and seeing where we are.

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

One of the things that Bill C-75 did was try to establish a better link between conditions for bail and the actual offences.

One of the things we see quite often is that bail conditions lead to an offence because of that breach that brings people into the system ever more tightly each time this happens. Quite often still, abstinence from drugs or alcohol is listed as a condition for bail, and we know that people with addictions can't possibly meet that condition. How do you think we might be able to address that problem in that Bill C-75 started down that road?

Rhéal Fortin Bloc Rivière-du-Nord, QC

My apologies for interrupting, Minister. I realize it's not polite, but you know how this works. We have a very limited amount of time.

I gather, then, that you agree with me: the provinces, including Quebec, and the territories must administer the justice system with the utmost respect for the Criminal Code and its provisions.

You said that former Bill C‑75 was the product of co‑operation with the provinces and territories. That's well and good, but it's still a federal responsibility. Your government introduced Bill C‑75 and carries the weight of the Criminal Code in its entirety. I assume the code reflects what your government believes to be the best rules for administering criminal justice.

Am I wrong?

David Lametti Liberal LaSalle—Émard—Verdun, QC

Yes, absolutely. The federal government has that responsibility, but obviously it's not a responsibility that we carry out alone. As I mentioned, former Bill C‑75 was the product of co‑operation with the provinces and territories, and so was the bill we passed to amend the Criminal Code in relation to the rules of criminal procedure.

We are going to continue on that path. It's also important to consider the resources that the provinces have to do the work. Clearly, we are open—

David Lametti Liberal LaSalle—Émard—Verdun, QC

I don't accept that. Bill C-75 basically enshrined a number of Supreme Court of Canada decisions, which were already the law before that came into account. Bill C-75 added additional reverse onuses in the case of intimate partner violence, again helping victims in that regard.

The experts will tell you that the best thing in terms of helping the bail system is to help the overall efficiency of the criminal justice system. The primary function of Bill C-75 was to make the whole criminal justice system more efficient. It hasn't had time to do its work yet. We're still working. We've had a pandemic in the meantime.

It doesn't mean that Bill C-75 can't be improved. That's why we're here now. Fundamentally, it is a good piece of legislation. It made it harder to get bail and didn't change any of the fundamental underlying premises for bail that the Supreme Court had laid out.

Rob Moore Conservative Fundy Royal, NB

Minister, in 2019 you described the bail reform bill, Bill C-75 as “an outstanding piece of legislation that goes a long way toward improving the efficiency, fairness and speed...of our criminal justice system.”

You mentioned some of the stats. If we believe Statistics Canada—and I do— violent crime was up and gang-related murders were up in that time. In the last five years, Ontario police have seen a 72% increase in cases of serious violence involving accused persons reoffending while on release for a previous serious offence.

Minister, they lay the blame at the feet of your government and Bill C-75, which has made it more difficult to keep individuals and repeat violent offenders behind bars while they're awaiting trial. Do you accept the criticism that's coming unanimously from every premier in this country? They say that the Criminal Code changes that your government brought in had a negative impact on public safety.

March 6th, 2023 / 3:45 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Thank you, Mr. Chair.

Thank you, as well, Mr. Fortin, for checking to make sure the proceedings flow smoothly.

First, I would like to acknowledge that we are on the unceded territory of the Algonquin Anishinabe people.

I want to thank Matthew Taylor, who is with me today.

I appreciate this opportunity to speak to the bail system in Canada and potential reforms to the system. I realize that it's an important issue and that Canadians are concerned. Ensuring that the laws are fair and effective, and keep Canadians safe while respecting the Canadian Charter of Rights and Freedoms is, of course, a priority for our government.

First, I would like to express my condolences to the families of Constable Greg Pierzchala, Michael Finlay and Katie Nguyen Ngo, and to all the victims of the disturbing incidents of violence across the country that we have seen in recent months. Each of these incidents has been a personal tragedy and a blow to our communities.

I'm pleased to see this committee undertaking a review of all aspects of bail in Canada. Canadians deserve to be and deserve to feel safe. We all have a role to play in protecting our communities.

I believe our bail system is strong and sound, but we are always open to suggestions for improvements, both in terms of law reform and ways in which we might better support the administration of justice and our police officers. The provinces have a key role to play in this issue. We have already seen British Columbia step up, and I am encouraged to see that Ontario and Manitoba are also taking steps to improve their systems.

I am looking forward to meeting with Minister Mendicino and with our provincial and territorial counterparts this Friday to discuss bail reform and how we can all work together, collaboratively, to make Canadians feel safe. I plan to present what we are considering at the federal level, and I hope to hear from my counterparts what they intend to do in their spaces.

In terms of the federal role, I want to reassure Canadians and emphasize that the law already tells us that, if individuals pose a significant threat to public safety, they should not be released on bail. There are no quick or easy solutions. That is why, at my direction, we began working on this issue months ago, again in collaboration with our provincial and territorial counterparts, to find solutions that will ensure the long-term safety of our communities.

It's important to note that there's a data gap that risks clouding the issue. On the one hand, we've heard the opposition cite data that crime is up, particularly from people released on bail. On the other hand, data from the Toronto police shows that between 2019-21, there was a decrease, both in the percentage of individuals granted bail and in the number of people rearrested while on bail.

Our government is always looking for ways to improve public safety and the efficiency of our justice system, so I feel it necessary to correct the considerable misinformation that has been put out regarding former 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, which emerged from Bill C‑75, is the product of lengthy and extensive co‑operation with the provinces and territories.

It codified the bail principles set out in binding Supreme Court of Canada rulings. I want to reiterate that the legislation did not make any fundamental changes to the bail system. It did not change the criteria under which an accused can be released by the court or the basic rules of the system. On the contrary, it created a reverse onus provision, making it harder for offenders to be granted bail when charged with certain offences, including intimate partner violence.

The claim that the recent tragic incidents we've seen in Canada are due to the statute arising from Bill C‑75 is just plain false. The issue is a lot more complex than can be addressed in a single piece of legislation, and to say otherwise is overly simplistic.

Our government's thoughtful examination of the bail system is ongoing, and we continue to work co‑operatively towards solutions that will protect our communities.

One measure that we are contemplating, which aligns with the request in the letter from the premiers, is to establish a reverse onus for additional offences. A reverse onus means that the accused will be denied bail unless they can prove to the court that their release would not pose a significant risk to public safety or undermine the public's confidence. This work is well under way.

I also want to note that there is already a reverse onus on a number of firearms offences, including where an accused who is subject to a weapons prohibition is charged with a firearms offence. However, it is worth considering carefully whether circumstances in which we impose a reverse onus should be expanded. I look forward to discussing this further with the provinces and territories later this week.

We've also heard calls from law enforcement for reform. I was pleased to have met with chiefs of police from across the country in February. I'm grateful for their recommendations based on their frontline experience.

Work is under way to develop legislative and non-legislative options to address the particular challenges of repeat violent offenders. I will also be raising these ideas with my colleagues on Friday.

We know that it will take more than a legislative reform to completely fix this problem.

Police need the necessary resources to monitor offenders who are out on bail and to arrest those who breach their release conditions. We have already provided significant funding and we are open to providing more where needed.

Also necessary are supports and services for mental health and addictions treatment. A social safety net is needed. The previous government cut social programs, and now we are seeing the very real and serious consequences of those cuts. Our government has made unprecedented investments in mental health, including $5 billion for the provinces and territories to increase access to care.

I commend our partners in British Columbia for the action they took on bail in November as part of their safer communities action plan, and in Manitoba for funding new prosectors to focus on serious firearms offences and violent crime.

I encourage all provinces to use the many existing tools at their disposal to ensure that bail laws are applied safely, fairly and effectively. I've already connected with a number of my counterparts on this issue, as well as with leadership from national indigenous organizations. I look forward to our continued discussions and collaboration.

Addressing the particular challenges posed by repeat violent offenders requires a comprehensive approach that crosses jurisdictions and levels of government. We will be acting at the federal level, and I hope that my provincial counterparts will be willing to do the same. The only way to solve this problem is by working together.

I'm hopeful that together we can build on months of joint work by federal and provincial officials and agree on a comprehensive plan forward.

We know there is no easy solution to such a complex problem. We strongly believe that we need to protect Canadians.

At the same time, we must ensure that any measures taken will not exacerbate the overrepresentation of indigenous peoples, Black or racialized Canadians in our jails. We must not further marginalize vulnerable people, including those struggling with mental health issues and addiction. It's a delicate balance, but one the government is committed to getting right.

Thank you.

Telecommunications ActGovernment Orders

March 6th, 2023 / 12:30 p.m.


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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Madam Speaker, in the last several months, we have seen accountability raise its head here in Parliament with Bill C-5, Bill C-75 and Bill C-11. Without accountability, it is as though the government does not actually care what we are doing because with a majority government, the NDP and Liberals can make decisions based on what they think is right and there is no accountability.

With Bill C-5, the evidence is not there. Bill C-21, taking legal guns from legal gun owners, is another non-evidence-based process. With Bill C-26, which we are talking about today, it is time that we start building in some processes for accountability so the government is actually accountable for what it is doing.

Telecommunications ActGovernment Orders

March 6th, 2023 / 12:15 p.m.


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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Madam Speaker, it is always an honour to rise in the House, especially when I can talk about safety and security.

I always try to enhance safety and security for Canadians at home and abroad, for our corporations that are major contributors to our economic base, and of course, for government institutions. Today, discussing cybersecurity in Canada is an opportunity to enhance our country's ability to protect us from cyber-threats.

Security is a significant concern for all Canadians. Lately, with the rise in organized crime and gang offences to the tune of a 92% increase in gang crime, I have to wonder when the government will be led by evidence, or in other words, provide evidence-based action. It is extremely important for our country to have cybersecurity to protect itself from threats, and I welcome Bill C-26. However, I am apprehensive about how successful this bill may be since accountability is a question that the opposition brings up every day in this House.

Bill C-26 is basically divided into two parts. The first part aims to amend the Telecommunications Act to promote the security of the Canadian telecommunications system. It aims to do this by adding security as a policy objective to bring the telecommunications sector into line with other infrastructure sectors.

By amending the Telecommunications Act to secure Canada's telecommunications systems and prohibit the use of products and services provided by specific telecommunications service providers, the amendment would enforce the ban on Huawei Technologies and ZTE from Canada's 5G infrastructure, as well as the removal and termination of related 4G equipment by 2027. Of concern is the time it took the government to react to enforce the ban on Huawei.

The second part aims to enact the critical cyber systems protection act, the CCSPA, which is designed to protect critical cybersecurity and systems that are vital to national security or public safety or are delivered or operated within the legislative authority of Parliament. The purpose of the CCSPA is to ensure the identification and effective management of any cybersecurity risks, including risks associated with supply chains and using third party products and services; protect critical cyber systems from being compromised; ensure the proper detection of cybersecurity incidents; and minimize the impacts of any cybersecurity incidents on our critical cyber systems.

The effects of this bill will be far-reaching, and there are some points to consider: The government would have the power to review, receive, assess and even intervene in cyber-compliance and operational situations within critical industries in Canada. There would also be mandatory cybersecurity programs for critical industries, as well as the enforcement of regulations through regulatory and law enforcement with potential financial penalties.

Under both provisions, the Governor in Council and the Minister of Industry would be afforded additional powers.

If any cybersecurity risks associated with the operator's supply chain or its use of third party products and services are identified, the operator must take reasonable steps to mitigate these risks. While the bill does not indicate what steps would be required from the operators, such steps may be prescribed by the regulations during a committee review.

The act also addresses cybersecurity incidents; a cybersecurity incident is defined as an:

incident, including an act, omission or circumstance, that interferes or may interfere with

(a) the continuity or security of a vital service or vital system; or

(b) the confidentiality, integrity or availability of the critical cyber system

touching upon these vital services. It does not indicate what would constitute interference under the act.

In the event of a cybersecurity incident, a designated operator must immediately report the incident to the CSE and the appropriate regulator. At present, the act does not prescribe any timeline or indicate how “immediately” should be interpreted. Again, there is an opportunity to address this at committee.

There are some concerns with Bill C-26 as it is presently drafted. What the government might order a telecommunications provider to do is not clearly identified. Moreover, the secrecy and confidentiality provisions of the telecommunications providers to establish law and regulations are not clearly defined.

As has been brought up today, potential exists for information sharing with other federal governments and international partners, but it is just not defined. Costs associated with compliance with reforms may endanger the viability of small providers. Drafting language needs to be in the full contours of legislation, and that could be discussed at committee as well. In addition, there should be recognition that privacy or other charter-protected rights exist as a counterbalance to proposed security requirements, which will ensure that the government is accountable.

Some recommendations, or ones derived from them, should not be taken up, such as that the government should create legislation requiring the public and telecommunication providers to simply trust that the government knows what it is doing. Of course, this is a challenge. Telecommunications networks and the government must enact legislation to ensure its activities support Canada's democratic values and norms of transparency and accountability.

If the government is truly focused on security for Canadians, should we not be reviewing our gang and organized crime evidence? Our present policies have failed. Should we not look at the safety and security of our bail reform in an effort to prevent innocent Canadians from becoming victims?

Bill C-26 is a step in protecting Canada from cybersecurity threats. What is the review process to ensure compliance and effectiveness, as well as that goals are met?

In terms of bail reform, even though the evidence clearly shows that Bill C-75 has failed, we see that the NDP-Liberal government is not interested in reviewing bail reform. Cybersecurity is important to our country's security; so are victims of crime after their safety and security has been violated.

I am concerned that the government is struggling with evidence-based information to review Bill C-26, as it has with Bill C-75 and Bill C-5. These bills are not supported by evidence. In fact, offenders and criminals have a higher priority than victims do. My concern is as follows: If Bill C-26 requires amendments and review, will the government follow up? It is so important to be flexible and to be able to address changes, especially in a cybersecurity world, which changes so rapidly.

Bill C-26 proposes compliance measures intended to protect cybersecurity in sectors that are deemed vital to Canadian security. Therefore, although late out of the gate, Bill C-26 is a start. However, since this bill proposes compliance measures intended to protect cybersecurity in sectors that are deemed vital to Canadian security, I would like to see individuals, corporations, and most importantly, the government held accountable. There should also be measures to ensure that the objectives of the bill are met and that there is a proper review process.

As I have stated, government accountability has not been a priority. For the proposed bill to succeed, there have to be processes for review and for updating the critical cyber systems protection act.

The failure of Bill C-75 on bail reform is clear with recent violent acts by murderers and individuals who should never have been out on bail. Today we are debating Bill C-26, and I would hope that there are lessons learned from our failure to review Bill C-75. In addition, we can learn from the failure of Bill C-5, as gang violence and organized crime rates are up 92%. Surely the government will open a door for review and making required changes to Bill C-26 on cybersecurity.

I am thankful for the time to speak on the responsibilities related to cybersecurity.

Tako Van Popta Conservative Langley—Aldergrove, BC

I'm going to ask you a question about statistics. You shared some statistics with us.

I don't know if this is available, but I would like to know the impact that Bill C-75 had on policing work in Ontario and across the country. Bill C-75 has been with us now for about four years. I think it received royal assent in June 2019. It amended some of our bail rules.

Do we have statistics on what policing work was like before and after that date?

February 15th, 2023 / 5:30 p.m.


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Counsel, Criminal Law Policy Section, Department of Justice

Chelsea Moore

As you may or may not be aware, bail provisions in the Criminal Code had not been comprehensively amended since the Bail Reform Act of 1972. There were a lot of inefficiencies in the bail system, with police release or the forms of release, so Bill C-75 tried to improve some of those inefficiencies in the bail process. One of the provisions enacted, as we discussed, was the “principle of restraint” under section 493.1. This requires judges and courts to “give primary consideration to the release...at the earliest...opportunity and on the least onerous [grounds]”. They also have to consider the circumstances of indigenous accused in making any bail decision, as well as accused from marginalized populations.

There had been many calls for reform, and many studies done on inefficiencies in the bail system. The Standing Senate Committee on Legal and Constitutional Affairs did quite a comprehensive study on delays. They looked at the bail issue in their report, “Delaying Justice Is Denying Justice”. They specifically recommended the Minister of Justice prioritize reducing the number of persons on remand across Canada. The principle of restraint responded directly to that recommendation. There were also calls for reform from the Steering Committee on Justice Efficiencies and Access to the Justice System, as well as in several reports conducted.

The bail amendments were significantly informed by Supreme Court of Canada jurisprudence as well. We talked about the decision in Antic, but there was a history of decisions made. In Antic, specifically—which was a unanimous decision of the Supreme Court—now Chief Justice Wagner wrote, in that decision, that there was “widespread inconsistency in the law of bail”. He stated, “the bottom line [is] that remand populations and denial of bail have increased dramatically in the Charter era”. You'll see some data in the Senate report with respect to the remand situation. They heard from a witness from Saskatchewan, who said the remand population went up 97% over several decades. That's quite significant.

I could refer you to the legislative background around Bill C-75, which is available online if you have questions about it.

With respect to the implementation of Bill C-75 reforms, these came into force in 2019. In particular, the bail reforms came into force nine months after that, I believe, so the implementation coincided with the beginning of the pandemic. As you know, there were many disruptions to the court system during the pandemic. Many jury trials were adjourned. Officials are continuing to find ways to look at the data in order to try to measure implementation efforts.

There are a number of ongoing research projects by officials from the research and statistics division at Justice Canada. If you'd like more information on those, I can certainly provide them.

Lena Metlege Diab Liberal Halifax West, NS

Thanks very much, Mr. Chair, and thanks to our witnesses.

It is an important study. Obviously, we're studying it. There's a lot of public concern in Canada, but there are also a lot of discrepancies in how different provinces and territories are using this. It makes absolute sense for us, as parliamentarians, to take a look at this. I think we are all in favour of this study. I appreciate it, because I didn't do criminal law. I appreciate the “Criminals 101”. I did law school, but that was a long time ago.

I will start off with Bill C-75, which is where you ended with Mr. Brock, just now. It made certain reforms to the Criminal Code.

I know it's only been around for a couple of years, but my question to you is this: Can you tell us—continuing with your response—how it brought the law in line with Supreme Court of Canada jurisprudence? In your opinion and expertise, what has it done, and has there been enough time to assess it, since it's only been a couple of years?

February 15th, 2023 / 5:25 p.m.


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General Counsel and Director, Criminal Law Policy Section, Department of Justice

Matthew Taylor

Yes. In our opening remarks, we tried to speak to that point directly, which is that the Supreme Court cases you talked about and the reforms that were enacted in former Bill C-75 are principles that inform a process. They don't dictate an outcome. The outcome, in terms of detention versus release, is very clearly set out. You should be detained. A JP or a judge should deny bail if one of the three grounds has been established.

Larry Brock Conservative Brantford—Brant, ON

I'm going to stop you right there, because I have limited time. I thank you for that.

Do you share this belief?

I've talked with many judges—provincial court judges—and I've talked to many justices of the peace. We all acknowledge that the vast majority of JPs, for short, in Canada do not have a legal background. There's no requirement for them to have a legal background. However, both those JPs and judges feel that Bill C-75 really shackled their discretion. Bill C-75, in addition to the two Supreme Court of Canada decisions in Zora and Antic, has really forced them to consider release, regardless of the circumstances of the predicate offence, regardless of the criminal background and regardless of the number of “failed to attends” and the number of breaches. Default is the overriding principle.

Is that an issue for the department?

Larry Brock Conservative Brantford—Brant, ON

Thank you, Chair, and thank you to the witnesses.

I didn't think I was going to get a round, so this is an honour.

You obviously know my background. I'm not going to mention my background, because whenever I mention my background, I get my colleague Mr. Naqvi, who was my former boss, chiming in and adding his editorial.

I can inform you, sir and ma'am, that I come at this study with a completely different lens and a different perspective. Unlike my colleague and another prosecutor, Mr. Caputo, I spent a substantial amount of time—15 to 20 years—in bail court on a regular basis.

I want to know whether or not you agree with my assessment.

Prior to the release of Antic.... I don't know. Maybe the two of you weren't even lawyers at that point yet. I've been around for a long time. Prior to Antic, there was a general consensus that the overall pendulum with respect to serving the needs of the public, protecting the public and highlighting the protections under the charter for the accused was not balanced and that far too many people were being detained for really minor offences. There was a lack of focus in prosecutors around this country to argue for detention only on those serious cases that posed a risk, not only to a community's safety, but to that of the victim.

Antic tried to reinforce that the pendulum had shifted too far to the protection of society and the public. In my view, it moved that pendulum a little closer to the rights of the accused.

We then had Bill C-75, and we had another Supreme Court of Canada decision in Zora that reinforced those principles. Now we're left with this perception that the public has that this system we call the criminal justice system is not in balance.

Is that the theme? Is that a focus that you are hearing? Are you reading studies about this, and hearing experts and stakeholders talk about this? Is it a concern at the Department of Justice?

February 15th, 2023 / 5:05 p.m.


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Counsel, Criminal Law Policy Section, Department of Justice

Chelsea Moore

As I mentioned, a risk assessment is done at the bail hearing. There is a provision under subsection 515(3) of the Criminal Code that was added through former Bill C-75 and that now requires judges, before making any bail decision, to look at the criminal record of the accused and at whether the accused was charged with domestic violence. I think the criminal record is really key to getting the history of offending and whether there's a pattern of violence there that is likely to be a risk to the public.

Often the Crown introduces occurrence reports if there have been charges laid but no conviction entered, and the Crown can have an officer testify about these reports to say there's been a pattern of behaviour.

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

We have Bill C-75 and we have Antic and Zora. I'm not going to get into the nitty-gritty here, but the gist of Antic and Zora is to say that detention should be very rare. That's how I read those cases.

Do you agree with that?

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Yes. The point is that they have to show cause, not the Crown.

Probably before we get too deep into that line of thinking, I'm going to go to something a bit more germane, perhaps.

We have Bill C-75, and we have Antic, Zora and St-Cloud. Now, St-Cloud is a tertiary ground case, but it's a bail case. It's been a couple of years, but my reading of St-Cloud is that detention on the tertiary ground should not be rare. In other words, it is okay for detention on the tertiary ground to be frequent.

Did you take that away from the case, too?

Matthew Taylor General Counsel and Director, Criminal Law Policy Section, Department of Justice

I think we're somewhere in between, Mr. Chair. We targeted seven. If I talk quickly, it's five. If I talk slowly, it will be 10.

Thanks very much for the opportunity to be here today to support you and to participate in your study on Canada's bail regime.

Canada's laws on bail provisions are clear and define the framework within which the accused must be released or detained before trial for the offences they have been charged with committing.

As set out in subsection 515(1) of the Criminal Code, an accused must be released unless the prosecutor shows cause why detention is necessary. This starting point reflects our Common Law tradition, and the Canadian Charter of Rights and Freedoms guarantees the presumption of innocence and the right not to be denied reasonable bail without just cause.

Although the starting point is release, it is important to note that it is not automatically guaranteed and is not authorized if there is just cause for detention.

Subsection 515(10) of the Criminal Code sets out justification for detention in custody of the accused: to ensure his or her attendance in court; for the protection or safety of the public, having regard to all the circumstances including any substantial likelihood that the accused will reoffend; to maintain confidence in the administration of justice.

Each ground constitutes an independent basis upon which bail can be denied, and the decision on whether to detain under these grounds will be informed by the evidence available to the court, including the criminal record of the accused. For example, that the accused used a firearm or other weapon or that they have a history of violent offending may militate against their release on public safety grounds.

These same factors may also support a decision to detain someone on public confidence grounds, but public safety is not the only frame by which the public confidence ground applies. Other factors that matter in this context include the strength of the case against the accused, the seriousness of the alleged offence, and the circumstances surrounding its commission.

This public confidence ground is about balancing all relevant factors and recognizes that public confidence in the bail system is essential to its proper functioning and to the proper functioning of the justice system as a whole.

The grounds for detention anchor the bail system, and they do not change depending on who must show whether detention is warranted. They are not altered by the fact that a court must also take into consideration other factors, including the principle of restraint, which is found in section 493.1, or that the accused is indigenous or from a vulnerable population that is overrepresented in the criminal justice system.

In other words, a court is still required to detain someone if there is just cause to do so and there are no appropriate means of addressing the risk if the accused is released. Those appropriate means could include impositions of conditions as part of a bail plan—reasonable and relevant conditions.

Canada's bail laws provide clear guidance on who is responsible for demonstrating when detention is warranted. The default, as is the case for most aspects of criminal law, is that the state bears the responsibility to show why detention is warranted.

However, there are a number of cases where it falls to the accused to show why they should not be detained. These reverse onuses reflect Parliament's intention to make it more difficult for an accused to obtain release in certain situations that align with the grounds of detention—the grounds that I talked about earlier. As such, these reverse onuses may operate like a shortcut. Examples of reverse onuses include cases where an accused is charged with organized crime or terrorism offences, certain offences committed with firearms, or cases of intimate partner violence where the accused has been previously convicted for the same.

In the end, however, these reverse onuses don't guarantee detention. Detention must still be justified on the three grounds.

I think you're all aware, and I think I've heard you speak to this already, that the Prime Minister has committed to working closely with the provinces and territories to ensure that our bail system—meaning our bail laws in the Criminal Code and their implementation by the provinces and territories—is working effectively. This commitment followed a January letter that was sent to him by all premiers, advocating for a new reverse onus, amongst other things.

You may wish to note that FPT collaboration on bail is long-standing. Significant collaboration led to the development of the bail reforms in former Bill C-75. Since last fall—preceding the letter from the premiers—we have been working closely with the provinces and territories on bail issues, including how the bail system responds to repeat violent offending. This work continues.

Minister Lametti has recently called for a special meeting of justice and public safety ministers on bail. We expect that will occur in the next few weeks. The meeting will provide an opportunity for all jurisdictions to identify concrete ways to address current challenges to ensure that any solutions proposed do not negatively affect the achievement of other important objectives, and to affirm core principles.

That concludes our remarks.

We appreciate your attention and look forward to answering any questions you have.

Canadian HeritageOral Questions

February 15th, 2023 / 2:55 p.m.


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Conservative

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

Mr. Speaker, it is clear that everything the Bloc-centralist-Liberal alliance is currently doing for Quebec is not working. Just think of Bill C‑5, which allows rapists to stay at home, or Bill C‑75, which lets criminals who have been released to obtain bail even if they are still violent. Now, there is Bill C‑11.

To add insult to injury, they are refusing to consider the motion that was adopted unanimously. Even the Bloc voted unanimously for the federal government to move on Bill C‑11.

Can the minister tell us if Bill C‑11 will be sent to committee to be studied together with the amendments?

Canadian HeritageOral Questions

February 14th, 2023 / 2:50 p.m.


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Conservative

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

Mr. Speaker, it is nice to see the Minister of Canadian Heritage, who often says that the Bloc is picking fights, all of sudden say that the Bloc is his biggest ally. As was the case for several bills, bills C‑5, C‑75 and C‑11, the Bloc is a great ally to the Liberals.

Can the minister give us an answer? Will the government send Bill C‑11 to committee so it can study the request of the Government of Quebec?

Criminal CodeGovernment Orders

February 13th, 2023 / 6:50 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, I appreciate the opportunity to speak here today to an important bill.

We have to ask ourselves: why are we here this evening debating Bill C-39? What brought us to this place?

What brought us to this place was a government, once again, that had acted completely irresponsibly and with great overreach, ignoring the experts, ignoring Parliament and ignoring the most vulnerable.

We will back up a little bit. Bill C-7, which expanded medical assistance in dying in this country, went through the House of Commons and went through our committee, the justice committee.

Accompanying any piece of government legislation is a charter statement from the Minister of Justice and Attorney General of Canada. A charter statement is the government's certification that the legislation complies with our Canadian Charter of Rights.

I want to read, just briefly, from that charter statement. The minister's charter statement stated, for Bill C-7, that it excluded individuals with mental illness from eligibility to access MAID, because of:

the inherent risks and complexity that the availability of MAID would present for individuals who suffer solely from mental illness. First, evidence suggests that screening for decision-making capacity is particularly difficult, and subject to a high degree of error, in relation to persons who suffer from a mental illness serious enough to ground a request for MAID.

At the time, the minister said that there was not the public support nor was the infrastructure in place to allow medical assistance in dying for individuals whose sole underlying condition is mental illness.

The bill, Bill C-7, then goes to the Senate, the unelected Senate. The Senate amends the bill to include mental illness with no safeguards, no accounting for the fact that it was an extreme broadening of Canada's MAID legislation and would, in fact, lead Canada to become an outlier.

That bill came back to the House and was passed by the government, with the opposition from our Conservative caucus members. Conservative parliamentarians were strongly opposed, because we knew that MAID should not be expanded to those who are suffering with mental illness.

When we are reaching out to those who are struggling, for example through Bell Let's Talk, and I see members of Parliament posting that on their social media, the terrible message that it sends is that we as a Parliament think that, for those suffering with mental illness, offering them death should be an option.

One may say, well, that is not what this is about. Unfortunately, that is exactly what it is about. It is already happening. Many of us were horrified to hear of bureaucrats from the Canadian government in a department to which we entrust vulnerable veterans, veterans suffering with post-traumatic stress disorder. Can one imagine the family of a veteran who goes to Veterans Affairs for help and, without even mentioning the issue, is offered the opportunity to explore medical assistance in dying, when they are suffering from PTSD?

Imagine how that would make one feel, for someone who is struggling and who is trying to stay motivated to stay alive. The Minister of Veterans Affairs said that this was a one-off, that this was just one problematic situation.

Unfortunately, we found out that it was not a one-off and that it had happened many times, an untold number of times. We do not know how many times it happened. This is before medical assistance in dying is officially expanded to those suffering with mental illness.

Why are we here today? We are here because the Minister of Justice supported this and pushed this forward in spite of, we know, the Liberal caucus members who are very uncomfortable with this, because they know it is wrong.

Just today, we read an article saying that only three in 10 Canadians support the idea of allowing patients to seek MAID based purely on mental illness. Seven in 10 Canadians, the constituents that these Liberal caucus members represent, do not support this going forward.

The Minister of Justice said, in the same article, “To be honest, we could have gone forward with the original date, but we want to be sure. We want to be safe. We want everybody to be on the same page.”

The government is saying that it needs everyone to think like it does and that everyone needs to warm up to the idea. We do not accept that. We are going to continue to fight for the most vulnerable. This is happening right now in Canada. It is very upsetting for many of us.

Then we read, in the same article, of a report that noted that an Ontario man recently made news after he requested MAID, not because he wanted to die, but because he thought it was a preferable alternative to being homeless. A disabled Ontario woman also applied for MAID after seven years of applying for affordable housing in Toronto with no luck.

The abuse of this system is happening in real time. It is happening now. Because of the passage of the amended Bill C-7, we were set for next month to have, without any safeguards, those suffering from mental illness be eligible for MAID. Bill C-39 is the government's attempt to kick this down the road another year.

Where have we seen these U-turns? We saw them with Bill C-75 on bail changes. The government overstepped, and now it is reversing course. On the gun legislation, the government realized there was a big overreach, and now it is time to climb down from that.

Canadians suffering with mental illness deserve better. They deserve a thoughtful approach. I stood in the House not long ago, back in October 2020, and Parliament was observing mental health week. Unfortunately, at that time, parliamentarians did not know that the Liberal government would soon include mental illness in its planned expansion.

The point in that speech was that one of the key foundations of Canadian society, in our collective identity, is that we are a caring and compassionate country. Canadians, many in this chamber, do not see anything caring or compassionate about making people who are living with mental illness eligible for medically assisted death.

What message does it send to Canadians who live with mental illness? They are not people who are at the end of their lives. These are not people who would otherwise die. Why is the Liberal government pushing to include them in its medical assistance in dying regime?

The president of the Canadian Medical Association said, “We have a responsibility, we believe, as physicians and as society, to make sure that all vulnerable Canadians have access to proper care and the support they need.” I listed two scenarios, and we all have these scenarios in our ridings of individuals in need who are not getting the help they need.

If we have not succeeded to make sure that every Canadian living with mental illness has access to timely mental health care or adequate support, how is it that the government and the minister were comfortable in proceeding with broadening medical assistance in dying in such a radical way to take effect next month? All this despite the fact that this radical expansion of MAID was passed in early 2021. Conservatives have not given up the fight to do what is right and to protect vulnerable Canadians. We will not give up that fight.

The government failed to conduct a mandatory review of its own MAID legislation. That was supposed to happen, and it did not happen. The minister was to complete a charter statement. He did that on Bill C-7. The Bill C-7 charter statement very clearly rationalized why individuals suffering with mental illness were not included in Bill C-7. That is how they arrived at the constitutionality of the bill.

With this massive change, we do not see the updated charter statement. We do not hear the minister talking about the charter rights of those who are suffering. This is remarkable because the statement was written over two years ago.

A few days ago, more than 25 legal experts signed a letter addressed to the Prime Minister and members of the cabinet, challenging them to do better on this.

This expansion is wrong. Conservatives will support extending the coming into force by this year, but in that time, we will not give up the fight to protect the most vulnerable.

Opposition Motion—Use of the Notwithstanding ClauseBusiness of SupplyGovernment Orders

February 9th, 2023 / 11:15 a.m.


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Conservative

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

Mr. Speaker, typically, I think our answers are supposed to be as long as the questions, which means that I am going to be making another speech given how long my colleague's question was.

First of all, I could respond to the member for Drummond that his question does not matter to me one bit either, but I will try to be a little more polite than he is on that front.

As I said in my speech, it is clear that the Bloc Québécois wants sovereignty; it is a left-wing party that supports the Parti Québécois. There is no denying it.

The Government of Quebec is not the Parti Québécois. The Bloc Québécois does not have the sole authority to speak for all Quebeckers. That is patently untrue. I am a Quebecker and proud of it, as are my Conservative colleagues and even several Liberal members. We are all Quebeckers and we all speak for Quebec.

When I make connections between Bloc Québécois positions, I look at their platform and I look at the state of affairs, such as bills C-5, C-75 and C-21. I could go on and name more, but I do not have enough time.

Opposition Motion—Use of the Notwithstanding ClauseBusiness of SupplyGovernment Orders

February 9th, 2023 / 11 a.m.


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Conservative

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

Mr. Speaker, I will be sharing my time with the member for Perth—Wellington.

After eight years of the Prime Minister's dismal governance, he is now trying to turn attention away from his record, the cost of living crisis of his own making, the highest spikes in inflation in 40 years and the doubling of the price of rent and the cost of mortgages. He wants to turn Canadians' attention away from the record use of food banks, the record credit card debt and the fact that he tripled the carbon tax. He wants Canadians to forget that violent crimes have increased by 32%, that gang-related homicides have increased by 92%, that he has close ties to lobbyists who cost a fortune and that he has violated ethics rules.

The Prime Minister is trying once again to sow division in Canada. He is also trying to create a fake constitutional crisis. That is his latest attempt at dividing people and turning attention away from his failures.

The Bloc Québécois has no solutions for Quebec's real problems. On June 15, 1991, more than 30 years ago, in protest at the failure of the Meech Lake accord, Lucien Bouchard and a few other MPs founded the Bloc Québécois for a “temporary” period. Would I have been part of that group? Perhaps. However, the temporary Bloc Québécois of 1991 in no way resembles the Bloc Québécois of 2023. In any case, this was not what Lucien Bouchard intended at the time.

Today, we understand why the Bloc Québécois, like the Liberal Party of Canada, is completely out of touch with the reality of Quebec residents. It is using a full day, an opposition day, to talk about the Constitution, when there are so many other matters that are more important to Quebeckers.

As the Quebec lieutenant for the Conservative Party of Canada, I am trying to understand where the Bloc Québécois is going with its sometimes nebulous strategies. I want to make it clear that I am not criticizing the duly elected members, but rather the political party, which only cares about Quebec sovereignty and which, despite the rhetorical flourishes of its leader, has only one thing in mind: to bring down the Canadian federation.

This is why I question its strategic decision to devote a full day of debate to a subject that does not interest Quebeckers: the Canadian Constitution. Are there no topics that are more important to Quebeckers nowadays?

Despite its grand patriotic speeches, I sense that the Bloc Québécois is only focused on the Liberal government and its leftist agenda.

In the last eight years, we have seen a disoriented Bloc Québécois trying to score political points on various issues, but the people of Quebec expect their federal members of the House to work for them.

Article 070 of the main proposal prepared for the Bloc Québécois' upcoming national convention in May states: “We have the right to make mistakes, rethink our positions and change our minds”. That being the case, it should take this opportunity to course correct.

I can think of several examples of questionable choices made by the Bloc Québécois. Was it a good idea to support the Liberal government's Bill C-5, the infamous bill that allows street thugs to avoid prison time and sex offenders to serve their sentence at home instead of in jail where they belong? Was it a good idea to vote with the Liberal government in favour of Bill C-75, which allows the worst criminals to be released on bail when they are still a threat to society? Was it a good idea to punish hunters and indigenous people by supporting the Liberals' Bill C-21?

The Bloc has a very leftist agenda. It is the Liberal government' best ally. Are Quebeckers aware of that?

I hear members laughing. They can go ahead and laugh all they like, but facts are facts.

When Lucien Bouchard formed the Bloc Québécois, he clearly indicated that the party was meant to be a temporary measure. Over 30 years later, we are really seeing the wear and tear. Paragraph 018 of the Bloc Québécois's main position paper states, and I quote, “We, like the vast majority of Quebeckers, naturally think of the Quebec National Assembly when we talk about our government.” We see here a party that is still trying to find itself.

This political party claims to support the Quebec National Assembly and the Government of Quebec. However, during the most recent Quebec election campaign, the Bloc Québécois put all of its energy and resources into supporting the Parti Québécois and working against Coalition Avenir Québec, the party that won the election by a landslide and now forms the government. How can the Bloc claim to be an ally of the Quebec government when its objective is to get PQ members elected? Also, how can it be recognized as an effective voice for Quebec when it only managed to get three PQ members elected?

JusticeOral Questions

February 8th, 2023 / 2:45 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, the Minister of Justice will continue to work with his provincial counterparts to see what improvements can be made, but while the members opposite continue to attack the improvements that were made to the system, they are misinforming Canadians.

When we brought out, for example, the criteria for when accused persons can be released, they were not changed by Bill C-75. The law is clear that people should be detained if that is necessary to protect public safety. The bill also put in place a reverse onus for certain firearms offences, meaning it is up to the accused to prove they can be released.

We are going to continue to stand up for Canadians.

JusticeOral Questions

February 8th, 2023 / 2:45 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, we will continue to be there for victims of crime. We will continue to ensure there is less violent crime so that fewer people are made victims.

When we moved forward on our bill, Bill C-75, we did not change the criteria for when accused persons can be released. The bill put in place a reverse onus for certain firearms offences, meaning it is up to the accused to prove they can be released. The law is clear that people should be detained if that is necessary to protect public safety.

I know the Minister of Justice will continue to work with his counterparts across the country to ensure we are keeping people safe.

JusticeOral Questions

February 7th, 2023 / 2:45 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, as the hon. member will surely know from his experience, what Bill C-75 did was codify Supreme Court of Canada jurisprudence and it tightened bail provisions by adding a reverse onus for intimate partner violence. There was already a reverse onus on prohibited weapons.

Notwithstanding that, we are willing to work with the provinces to see if there are additional measures we can take. Certainly, we will help the provinces in the administration of the bail—

JusticeOral Questions

February 6th, 2023 / 2:35 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

Mr. Speaker, I assure my colleague and all members in this chamber that we are introducing common-sense policies, like Bill C-75, that allow us to concentrate on the most serious offenders so we can protect our communities.

I would also point out to my Conservative colleagues that this government has invested hundreds of millions of dollars to support law enforcement and to address the root causes of crime so that we can stop it before it starts. What have the Conservatives done? In each of those instances, they have voted against.

If they are serious about taking crime seriously, they should get serious about supporting this government's policies.

Public SafetyAdjournment Proceedings

February 2nd, 2023 / 6:30 p.m.


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Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Madam Speaker, I am here tonight to elaborate on something that is related to our opposition day motion today. It was a question I put to the government back in November about violent crime, Bill C-5 and the current Liberal government's soft-on-crime approach, which is not doing anything to make Canada safer.

In particular, I talked about how violent crime has risen 32% since the Liberals formed government, which equates to over 124,000 more violent crimes since they have been in government. I talked about local headlines of people “arrested again” for participation in a criminal organization, failure to comply with a probation order, 11 counts of knowledge of possession of a firearm while prohibited, two counts of disobeying a court order and two counts of breaching a weapons prohibition.

I am going to provide more local statistics from my own riding, because this is a prevalent problem. We see the media coverage all the time in our urban centres, but this problem of repeat offenders committing crimes is pervasive right across Canada.

Here is something from December 16, 2022, in my riding: “Charges laid in drive-by shooting”. Charges included possession of a weapon for dangerous purpose, careless use of firearm, assault with a weapon and discharging a firearm with intent. The key point is possession of a firearm contrary to a probation order. This individual also faces an attempted murder charge after a shooting in my riding back in August.

Here is another one: “Man suffers fractured skull in Hanover hammer attack”. I know the Prime Minister likes to speak about banning assault weapons. Well, guess what. A hammer used in an assault is an assault weapon, and good luck trying to ban all the hammers in the country. I do not think that is going to achieve much for public safety either. This happened at a convenience store. There were seven different charges, including several counts of breaching probation.

I have another one here, just miles from my own farm. It required significant resources from our law enforcement in the local area. A 53-year-old woman and a 48-year-old man were each charged with countless drug trafficking issues. The woman was additionally charged with two counts of disobeying a court order and failure to comply with a probation order. The man was additionally charged with two counts of breach of a weapons prohibition.

The fourth example is of a man in my riding. He has 25 weapons charges, with 15 different counts of a restricted or prohibited firearm and two breaches of a firearms prohibition.

Finally, I have one more example that required multiple police units to be involved. A 40-year-old man, a 63-year-old woman and a 24-year-old woman all got drug charges, and one was in possession of a firearm contrary to a prohibition order.

What is the government's solution? It removed mandatory minimum sentences for repeat offenders, including 10 of the 12 that were introduced by two former Liberal prime ministers, Trudeau senior and Chrétien. I do not know what the Liberal government had so wrong back in those days, but now we have seen every premier in this country table a letter to the government demanding bail reform. We also have police groups calling for stricter rules against these violent repeat offenders.

When are the Liberals going to repeal portions of Bill C-75 and Bill C-5 and stop targeting law-abiding firearms owners, sport shooters and farmers?

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 5:20 p.m.


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Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, after eight years of the current Liberal government's soft-on-crime agenda that perpetuates a catch-and-release revolving door of repeat offenders, the brutal reality is that crime is up and Canadians are less safe.

I am grateful to Conservative MPs from every part of Canada who have always been and continue to be steadfast advocates for victims of crime, law-abiding innocent Canadians, and real measures to combat criminals and gangsters while reducing recidivism. I particularly want recognize the work of the members for Fundy Royal and Kildonan—St. Paul for bringing forward this motion today.

Five years ago yesterday, I brought forward my private member's motion, Motion No. 167, which called on the Liberals to undertake a comprehensive assessment of factors related to skyrocketing rural crime, which had the highest spike in rural Alberta and was steadily increasing across Canada at the time, and to make it a priority in the House of Commons.

Over several months, thousands of Canadians expressed support for Motion No. 167, along with more than a hundred victims advocacy groups, rural crime watch associations and municipalities from all across Canada. Alberta Conservative MPs at the time were actively working with rural constituents, law enforcement and others to highlight growing rural crime and push for action. It was heartening when Motion No. 167 passed with unanimous support from all parties, and I truly believe there was concern and goodwill from all MPs at that time.

The motion was wide-ranging. It included important amendments that I accepted from the NDP, and pushed for a deep dive into several factors, including but not limited to rural crime rates and trends; existing RCMP and other policing resources and policies in rural, remote and indigenous communities, particularly in relation to population density, policing geographic area and staff shortages; partnerships with provincial, municipal and indigenous police forces; possible recommendations to improve rural crime prevention and to curb emerging crime rates; measures to increase the tactical and operational effectiveness of indigenous police forces; strategies and resources dedicated to the judicial and rehabilitation systems in rural areas; and improved support for victims of rural crime.

What followed was a drawn-out, disappointing and rude awakening. When the final report from the Liberal-dominated public safety committee was dragged out beyond the six-month timeline that the motion set for reporting on real action, to the point that I had to ask the Speaker to get the Liberal-dominated committee just to respond, it then resulted in a report that was three pages long and effectively punted total responsibility over to the provinces, suggesting those governments should simply spend more on emergency response services and dispatch centres.

I am mindful of this today as I listen to passionate Conservative colleagues from all over Canada talking about rising crime in their communities: horrific acts of violence on transit in Canada's largest city, the murder of police officers just trying to do their jobs and keep their fellow Canadians safe, neighbourhoods in fear of all-too-regular gangster activity, and shootings with primarily illegally owned and trafficked guns from the U.S. in Canada's major cities from coast to coast. Of course, I think of my own constituents and those of other rural MPs facing record levels of ever more brazen and violent theft and robberies, trespassing, assaults and murders.

I think of the compassionate and serious work of colleagues like the MP for St. Albert—Edmonton and the courageous Shelly MacInnis Wynn, who brought forward Wynn's law specifically to close a loophole in bail hearings to mandate that an assailant's criminal history would be disclosed during a bail application, which may have prevented the murder of her husband, Constable David Wynn, who was killed by a career criminal out on bail. The majority of MPs initially supported it, but the Liberals ultimately defeated it.

I think of the “no body, no parole” initiative by the MP for Sturgeon River—Parkland, the “life means life” legislation by the MP for Calgary Signal Hill, the bill by the MP for Tobique—Mactaquac to initiate a national recidivism reduction strategy involving all the different organizations that worked to prevent repeat crime, or the constant pressure by the MP for Fundy Royal for the Liberals to appoint the victims ombudsman, an office they left empty with zero urgency for more than a year.

The common thing among all those MPs is that they are Conservatives, and there are too many to list for all the good work they have done to advance work to protect victims of crime and innocent Canadians.

However, this is the reality after eight years under the Liberals, and now unfortunately their coalition partners and boosters, the NDP: a 32% increase in violent crime across Canada and a shocking, but horribly not surprising, 92% increase in gang-related homicides across Canada.

What have the Liberals actually done? They have targeted, demonized and criminalized law-abiding firearms owners, hunters and sport shooters. They have reduced sentences and brought in house arrest for robbery, extortion with a firearm, weapons trafficking, discharging firearms with intent, drive-by shootings, discharging firearms recklessly, using firearms in crimes, possession of illegal firearms or ammunition, possession of weapons obtained by crimes, and all kinds of serious assaults and violent offences.

They considerably eased access to bail in Bill C-75, specifically saying that “primary consideration” should be given “to the release of the accused at the earliest reasonable opportunity”. When Conservatives say this is the wrong direction, the Liberals respond with false and vile accusations, bigotry, and close-mindedness, the usual approach they take to any Canadians who challenge them.

Just last month, all 13 premiers from all different regions and different partisan stripes asked for real urgent action to reform the broken bail system, which the Liberals created. The Liberals keep saying they want to work with everyone to make improvements, but it is hard not to notice that it is the system most recently impacted by their legislation that all their provincial counterparts are asking them to fix.

I am disheartened to say that, just like with inflation, driven by excessive spending, squeezing Canadians from all sides struggling to ends meet, I am not sure why anyone should trust the arsonists to put out the fire. I agree with colleagues today who have talked about how emotional this subject is. I am sure almost everyone has been touched in some way by crime.

What really matters is what elected representatives actually do. Both the results and the records of the last eight years of the Liberals are heartbreakingly clear that their actions speak so much louder than their words.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 5:15 p.m.


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Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I got to know my colleague from the Bloc quite well last year in Europe. However, I would like him to reread the motion. He made a statement that was factually incorrect when he said that our motion is calling for the complete repeal of Bill C-75. The motion does not state that. It states that we want to repeal those aspects that are allowing violent repeat offenders to get out there and commit additional violent crimes and murders.

My question is simple enough. Does the member agree the bail system does need reform and, as all the premiers have called for, including the premier of la belle province, we need that reform immediately and it needs to happen now?

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 5:05 p.m.


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Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Mr. Speaker, I will be sharing my time with my Conservative Party colleague from Lakeland. Not surprisingly, I will be sharing my time, but not the same views.

I want to put all this in context. Today is the Conservative Party's opposition day. The motion was moved by the member for Fundy Royal. It is a direct attack on Bill C-75, which was passed in 2019, three years ago already.

The Bloc Québécois feels that Bill C-75 is a good bill overall, but there are some flaws. We do not believe that there is such a thing as a perfect bill, to be honest. Eventually, at some point in the future, there will be amendments, additions or deletions made to certain elements of Bill C-75.

The day is winding down, and we have been discussing this bill all day. Everyone knows that the Bloc Québécois is opposed to the Conservative motion. Yes, we know there are real problems when it comes to crime, but the solutions proposed by the Conservative Party are not the right ones we need to make the changes that we will eventually have to make.

As we have been seeing all day, this bill really gets people fired up. Everyone's emotions are running high, and everyone keeps firing off demands. This bill also opens the door to a lot of misinformation. Certain groups of people hide behind their ideology, which, sadly, has nothing to do with science. Others adopt a more sensationalist approach and, as in the current case, appear to be electioneering.

The motion is based on individual cases. All day, we have been hearing about two or three specific cases: murdered police officers and a man accused of rape who is serving his sentence at home. I do not want to downplay these situations, but I do want to point out that these are all individual cases the Conservatives are talking about here today, cases they are using as justification for upsetting the apple cart and going back to square one with Bill C‑75. The Bloc Québécois is against that. We want to move on, and we will vote against the motion.

The Bloc Québécois thinks that there is a bit of bad faith involved in moving this motion and that our Conservative colleagues are trying to create a false sense of security. Repealing Bill C-75 as it was passed is not going to enhance public safety. That is just not true. Let us keep in mind that we are talking about laws, justice and social justice. The Bloc Québécois supports victims. We will always side with the poor and with victims, and we think that, in this case, it is inappropriate to pursue the repeal of Bill C-75.

The Bloc Québécois hopes that we can take a sensible, reasonable and balanced approach to such important bills. We are well aware that Bill C-75 is not a cure-all, but it meets a lot of needs.

Of all of the misinformation our Conservative colleagues are spreading, there is one allegation that really irks us. They are saying that Bill C-75 requires judges to release violent repeat offenders who can then go out and commit other crimes. That is obviously misinformation, and it is easy to prove it. The Conservatives keep making this argument, but it does not hold water for the Bloc Québécois. It is not true at all. Judges still have the final say in the cases they try.

Another thing that is based on misinformation is the presumption that the Canadian justice system puts the rights of violent repeat offenders ahead of the rights of law-abiding Quebeckers and Canadians. That has been repeated all day, but it is totally false. It is clear that the claim that the bail system puts the rights of repeat offenders ahead of the rights of other individuals is a complete falsehood.

Another claim that keeps coming up is that the bail system is bad. To us that is a false claim. Bail is a way of finding a balance between the presumption of innocence, which is protected by the Canadian Charter of Rights and Freedoms, and public safety. That is why we think that statement is false. They are talking about things that do not exist, that are not there, that are purely made up.

Again, this is a very delicate exercise.

On what are the Conservatives currently basing their claim that we have to take an axe to Bill C‑75? Are they relying on empirical data? No, they did not present any empirical data today, absolutely none. Are they relying on peer-reviewed studies? No, they did not present any such studies today.

Of course, we have heard plenty of anecdotes about individual cases. We have been hearing about the same cases all day. However, that does not justify a major reform of a bill like Bill C-75. It is not possible and it is not logical. In a system like ours, to begin with individual points like this and reshuffle the deck would be madness. We could go round in circles forever.

Canada has a population of 35 million people. What do these individual cases represent out of 35 million people? I do not want to minimize the cases that have been put forward, but we cannot decide these things based on individual cases.

What is both interesting and useful about research and science is that they provide for studies to be done on large numbers of individuals. This is what validates research and why it can be presented and shared with some degree of certainty. Not all research results are perfectly accurate. At times, there are contradictory findings from one study to the next, but overall, this is what can be expected.

I want to touch on a couple of pieces of research. Earlier, in a question, my colleague referred to Carolyn Yule, a professor of sociology and anthropology at the University of Guelph. She is an expert in this area and has spent part of her life studying bail. The findings of her studies, of which there are several, suggest that a tougher approach to bail would not improve public safety.

That said, she is just a scientist, just a girl who does research and has spent most of her life studying this topic.

Furthermore, Jane Sprott, a professor of criminology at Toronto Metropolitan University, says that there is no reliable way to predict who will commit a violent crime, regardless of the type of crime. She says it would be fiscally irresponsible and unrealistic to increase the number of people in remand. This is related to what we are talking about today. She also states that pre-trial detention hurts a person's chances of not reoffending and their social reintegration. This is obviously contrary to Conservative values. I would also like to share one other small study, but I do not think I will have enough time.

Seeing as people are making assertions based on nothing, here is a big one: From 2006 to 2015, while the Conservatives were in power, crime rates dropped. Dig no deeper, and that sounds great. Three cheers for the Conservatives. The problem is that as soon as they lost power, crime rates started going up.

Is it fair to say the Liberals were responsible for what happened in that first year or two? No. It takes time for a law—

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 5 p.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, I understand the impulse. I understand the intention behind this motion, given the proliferation of firearms these days and the rise in violent crimes in recent years. There is no ill intention here. However, making the provisions of Bill C‑75 harsher is based on the ideology of law and order.

Experts, including Carolyn Yule of Guelph University, are currently studying this issue. She studies the bail system. She says that, at this time, there is no evidence to suggest that a harsher approach to bail would necessarily improve public safety.

I would like to hear my colleague's thoughts on that.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 4:45 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, one thing sets us apart from the Bloc Québécois. One day, we will be in power and we will be able to introduce bills. We will then be able to correct the provisions spelled out in Bill C‑75. The Bloc Québécois will never be able to do that.

The Bloc Québécois should ask itself some serious questions about certain positions it has taken in the past weeks and months. For example, there is Bill C‑21 and the amendments it supported to ban certain firearms. That happened. It is true.

It also supported Bill C‑5, which is directly responsible for the release of this rapist to his home. The Bloc Québécois should ask itself these types of questions when it is time to support and adopt motions.

The Conservatives have a solution. It is not perfect, but it is a starting point. I hope once again that the Bloc Québécois will make amends and support our motion.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 4:45 p.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, I felt compelled to comment on what my colleague said in his speech, when he asked why the Bloc Québécois will not vote in favour of today's motion.

He is right that there are several elements in the Conservative motion that we agree with. For example, the increase in violent crime in recent years is undeniably true.

However, point (a) of his motion is not entirely true, not to say downright false. There is nothing in Bill C-75 that requires judges to release repeat violent offenders. What the Conservatives are suggesting is false.

There is no point in searching high and low to figure out why the Bloc Québécois cannot support this. If the Conservatives really want to make changes to certain provisions of Bill C-75, I invite them, with all due respect, to introduce a bill to amend certain provisions of Bill C-75. I think that would be better than waiting for either the Bloc Québécois or the NDP to agree with this motion.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 4:30 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I will be sharing my time with the member for Haldimand—Norfolk.

I want to talk about a word that seems to have escaped the Liberal government since it took office eight years ago and that is “consequence” or being accountable for one's actions. The Liberals seem to have a really hard time being accountable for their actions. Even though it has been eight years, they seem to have a really hard time taking responsibility for being in power. They seem to have a really hard time owning up to the mistakes they have been making for the eight years that they have been in office. Perhaps that explains why they have hard time asking others to be accountable for their own actions, which is even more serious when it comes to crime.

Let us look at this government's track record when it comes to failing to be accountable. It will likely explain the Liberals' position on today's opposition motion.

In 2016, the Conflict of Interest and Ethics Commissioner found the Prime Minister guilty of breaking ethics laws. The Prime Minister apologized, but suffered no consequences. In 2018, the Minister of Fisheries, Oceans and the Canadian Coast Guard was found guilty of violating the Conflict of Interest Act. He apologized, but suffered no consequences. Just apologize and move on.

In 2019, the Prime Minister once again violated the Conflict of Interest Act, this time in the SNC‑Lavalin case. The Prime Minister says he took responsibility for his actions. However, he suffered no consequences. In 2021, again, the Prime Minister and, this time, the then Minister of Finance, Bill Morneau, were charged under the Conflict of Interest Act and Mr. Morneau was found guilty of violating the Conflict of Interest Act. Mr. Morneau suffered no consequences.

In 2022, in a file currently before us, the Minister of International Trade, Export Promotion, Small Business and Economic Development was found guilty of violating the Conflict of Interest Act for giving a lucrative contract to her best friend. The minister suffered no consequences. She rose in the House, said that she apologized and that she would take responsibility for her actions. What does taking responsibility for one's actions mean to this government? What does ministerial responsibility mean? It means absolutely nothing.

This week, I asked the Prime Minister a question about the case of a rapist who received a 20-month sentence to be served at home. The Prime Minister stated that it was none of our business and that it was not the responsibility of we, the politicians, to manage the law. The Prime Minister has forgotten one thing: He and his government created the law that resulted in this individual receiving a 20-month sentence to be served at home. That is the reality. Those are the facts, and I want to present them to my Liberal colleagues and even my colleagues who belong to other parties. I encourage them to listen carefully to the meaning and the words of the motion that we moved today. I will read the motion, which is important.

(i) violent crime has increased by 32%, (ii) gang-related homicides have increased by 92%, (iii) violent, repeat offenders are obtaining bail much more easily, (iv) increasing daily acts of crime and violence are putting Canadians at risk, (v) five Canadian police officers were killed in the line of duty in just one year

We are not asking for anything major. We are asking that something be done to help victims and to help Canadians feel safer. Here is our first request:

(a) fix Canada's broken bail system by immediately repealing the elements enacted by 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, which force judges to release violent, repeat offenders onto the streets, allowing them to reoffend;

I want to repeat those last few words: “which force judges to release violent, repeat offenders onto the streets, allowing them to reoffend”. That is one of the effects of the legislation from Bill C‑75 that we are talking about today. Our second request is this:

(b) strengthen Canada's bail laws so that those who are prohibited from possessing firearms and who are then accused of serious firearms offences do not easily get bail;

In all honesty, how can anyone oppose this? Someone explain to me how the Liberals, the NDP and the Bloc Québécois could disagree with that. Our last request is as follows:

(c) ensure that Canada's justice system puts the rights of law-abiding Canadians ahead of the rights of violent, repeat offenders.

It is just common sense. We know that the Liberals will vote against it, but I do not understand why the NDP and the Bloc will vote against it. There is absolutely nothing partisan about this motion, absolutely nothing negative for Canadians in general. It is meant only for violent criminals, who unfortunately are too often released and commit crime after crime. This is a direct consequence of Bill C‑75 and Bill C‑5.

I know the parties supported Bill C‑5 and Bill C‑75. Unfortunately, it is now time to make amends. Past mistakes can be corrected. Why are the NDP and the Bloc Québécois not voting for this motion in order to correct this situation?

We are not the only ones saying this. The premiers of all the provinces, including Quebec, have signed a letter calling on the federal government to do better on bail to prevent tragedies from occurring, dangerous criminals from being put back on the streets, and women, children, men and families from being sadly affected by violent crimes committed by individuals who should be behind bars and not on the streets.

That is exactly the point of the motion we moved. It is entirely consistent with the letter that Canadian provincial and territorial premiers sent to the federal government. Unfortunately, the government seems to have chosen to turn a deaf ear.

I get that the Liberal government does not want to admit the Conservatives are right, so let us listen to someone else. I am talking about the famous case I mentioned earlier, the individual who sexually assaulted a woman and was sentenced to 20 months to be served at home with his cellphone and Netflix. That kind of sentence for that kind of crime is totally unacceptable.

Here are some quotes from the article in La Presse:

A Crown prosecutor chastised the [Liberal] government for its recent law opening the door to house arrest for sex offenders.

Right now, [the Prime Minister] and [the Minister of Justice] probably have some explaining to do to victims of sexual assault, said Crown prosecutor Alexis Dinelle after the hearing.

This is a direct consequence of Bill C‑5 becoming law, and I am asking the NDP and the Bloc Québécois to make amends for that today.

The article goes on to say the following:

Until last November, a judge could not impose a sentence to be served at home for sexual assault. Hard time in prison was the norm for such crimes, and sentences ranged from 12 to 20 months for assaults similar to this one.

Without any fanfare, the Liberal government's Bill C‑5 made it possible for offenders to serve a sentence in the community for sexual assault.

It is not me or the Conservatives who said that. It is a Crown prosecutor who has to live with the consequences of the passage of Bill C‑5.

For these reasons, because I hope that my colleagues from all parties want to protect Canadians who have been the victims of violent crime and prevent new crimes from being committed, I encourage them to help us make the necessary changes to ensure that violent repeat offenders stay behind bars and not in our communities.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 4:30 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am not sure if the member caught the beginning of my comments. I talked extensively about how the government plays an important role in dealing with the types of issues the member has raised, whether it is through budgetary measures or legislative measures. I would cite Bill C-75, which the Conservatives are critical of.

Bill C-75 actually made it harder to be released on bail. For example, the bill imposed what they call a reverse onus. There is a wonderful opportunity for the House of Commons to be able to debate the importance of the need for making changes. However, we also need to recognize that it is not just for the House of Commons and that we have an obligation to work with others. Those others include the shared responsibilities with our provinces, territories and indigenous communities, among many other stakeholders.

It is not as simple as saying here is an idea, let us make it happen and bring in the legislation. There is a need for consultation when we have shared responsibilities. This is something that the government has strived to do. We have tangible examples of investing financial resources and legislative resources to try to improve upon our system. It is far better than it was, but it is something we can always look at ways of improving.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 4:15 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I had the opportunity to listen to a great deal of the debate on the motion that has been brought forward by the Conservative Party today. Suffice it to say, if members have not detected it in my questioning of the Conservative Party, they will find that I am somewhat disappointed in the Conservative motion that we have before us.

I have had the opportunity to act in many different capacities over my parliamentary career, whether it was as a justice critic in the province of Manitoba or sitting in a quasi-judicial youth justice committee as a chairperson and as a board member, dealing with the issues surrounding things like parole, bail and so forth. I would like to reflect on the things I have done in the past and, more importantly, reflect on what I believe based on discussions I have had, whether it was with law enforcement agencies, officers, constituents or the many different stakeholders out there. I will try to summarize it all by saying that we are all concerned about safety in our communities. We all want to feel safe in our communities, and I think we all have a responsibility to do what we can.

I would suggest to my Conservative friends across the way that, yes, there have been some tragedies that have occurred where real lives have been affected in a very profound negative way because of criminal behaviour. One does not have to belong to one political party over another in order to understand and appreciate the severity, the emotions, the anxiety and the blame that take place. I appreciate that and I am very much concerned about victims, not only today's victims, but the ways in which we, as a government or as parliamentarians, can advance the minimizing of future victims by investing.

This government has invested literally hundreds of millions, going into billions, of resource dollars and others in non-profits and other levels of government, whether provincial, municipal or indigenous communities, and so much more in terms of dealing with issues such as dysfunctional families, alcohol and drug abuse or addictions and investing in communities, health centres and issues such as mental health. These are all things that I have a holistic approach to.

We want to prevent crimes from happening. We realize that criminals will eventually leave jail, and we are discouraged by that revolving door. At the end of the day, we have a system in place. It is not perfect, and I myself have some very serious issues with some of the things I have seen over the last number of years, but those years go beyond just this government. If one listens to the Conservative Party, one would think that people who were out on bail or on probation when Stephen Harper was prime minister were never in violation or never committed any crimes. However, not that much has actually changed.

The Conservatives make reference to Bill C-75, but that bill did not make it easier to get bail. I would argue it might have even been the opposite. However, the digging and taking advantage of tragedies that have occurred, those high-profile cases, and trying to say that the system is broken, well, that is something the Conservative Party leadership is trying to say on all issues. They are trying to convince Canadians that in every way society is broken because of what has taken place over the last seven years under this administration, and they are wrong on all accounts. Let us be very clear on that.

When the Conservatives say it is broken, which they say about everything because that is the theme of the Conservative Party, they are wrong. They are saying some numbers today to try to get Canadians worried and try to convince them that things are broken. To those who are following the debate, I would suggest they do not listen too closely to what the Conservatives are spreading in terms of misinformation.

I went to Statistics Canada. Listening to the Conservatives, one would think there is crime in every corner and everywhere we look. Stats Canada, in 2021, said the violent crime rate did increase 5%, while property crime rates decreased 1%, following a large decrease in 2020. The property crime rate was the lowest it has been dating back to 1965.

The Conservatives talked about homicides. They said that is where we have really seen this huge, dramatic change and that is why the whole system is broken. Let us look at the first three full years of Stephen Harper. During the first three years, and this comes from Stats Canada, in 2006, 2007 and 2008, the numbers were 608, 597 and 614 for the number of people who were murdered. For our first three full years, the numbers were 616, 667 and 662. Our population might have grown by a million, but that is a side point.

The point is that the system is not broken. The example that many of the members stand up and talk about is the issue in the province of Quebec. I am upset about it. I am very upset about it. I think anyone who assaults and rapes a woman should have to spend time in jail. That upsets me, but it was a provincial court that made the decision and it was a provincial prosecutor. That is still to be determined. Is the prosecution going to appeal that decision? I would hope so. I am not in a position to make that decision.

That is why the minister himself has said we are working with provinces. Here is a newsflash: We have been working with the provinces on bail reform since well before the Conservatives raised the issue within the last few days. In fact, back in October, the Minister of Justice and the department were actually working on consultations. During the last couple of days, those discussions have been even more amplified.

Conservatives do not care more than the Liberals care about the victims of some of these crimes we are hearing about. Our prayers, best wishes and condolences go out to the families that have been so profoundly impacted by it.

Today, we have the Conservative Party taking a look at those tragedies and putting together a motion. All one needs to do is take a look at the word “broken”. How often do they use the word “broken” nowadays? It is a political spin message, to try to give the impression that the Conservatives want to be tough on crime.

It is interesting that the critic for the Conservatives said that under Stephen Harper the number of days in jail actually went down from an average of 126 to 105. She implies that when they were in government, the number of days in jail went down, yet they are really tough on crime. It is because they are in opposition. The wording they are using is to help them, as an opposition party, get a few more headlines and create more false impressions, at least in part, in order to be able to raise more money for their coffers. It is no reflection on the law enforcement officers, the non-profit organizations, the victims or anything of that nature. I would suggest they might even be taking advantage of that situation.

We are trying to deal with it in a very real and tangible way, with legislative changes and budgetary measures, which is making a difference. We will continue that dialogue.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 4:15 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, I agree with my colleague from Quebec. The Conservatives' solutions are too easy and do not take into account the reality that exists in our country.

Bill C-75 was adopted following a binding Supreme Court decision. There is a reverse onus in Bill C-75 with regard to bail. At the same time, our government's top priority, like any government's, is to keep Canadians safe and make sure they feel safe in their homes, on their streets and in their communities. I know in my community this is an important topic, and we will not rest until we know that police officers have their resources.

We must also remember that the Conservative Party of Canada was the party that cut CBSA's budget. We are now putting more money into CBSA to make sure illegal arms do not come into Canada, do not harm our citizens and are kept away from criminals. We will make sure we arrest those criminals and support our police officers day in, day out, hour by hour and day by day.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 4:10 p.m.


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Bloc

Luc Thériault Bloc Montcalm, QC

Mr. Speaker, when we talk about justice, about real problems on the streets, about the increase in violence, our discussions must be guided by the idea of justice and what is right. A fair balance means not distorting certain elements.

As much as we are sympathetic to the Conservatives' motion that refers to certain realities, they are masters at crafting motions that only they can vote for. They distort certain things, and of course we cannot support something that distorts reality.

My colleague talked specifically about Bill C‑75, which passed. If the prosecutor does his or her job properly, what happened in Ontario should never happen. The burden of proof regarding bail lies with the accused, not the Crown.

Could my colleague comment on the Conservative view that Bill C‑75 should be repealed because it does not meet the reverse onus?

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 3:55 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, there are a couple of things I will point out to the member. First and foremost, the Criminal Code in this country is a responsibility of the federal government, and any amendments, consequential or otherwise, that are made to it fall under the Minister of Justice and Attorney General in this country. With one fell swoop of a pen, they can change laws, bring them to Parliament, we can debate them and they can pass.

Second, the prosecutor in Quebec is actually blaming Bill C-75 for that situation.

I want to address an issue he brought up, because I have heard this today. Liberals talk about fundraising. We are the voices of Canadians. The fact is that they are accusing us of using this for fundraising, but we are actually being the voices of Canadians. When this member says that, he does a great disservice to police chiefs, police officers, police associations, premiers and others who are calling for bail reform. They are not sending out fundraising letters. They are asking us to do something about a broken system.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 3:45 p.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, since this is the first time I see you occupying the Chair, I want to congratulate you.

I thank my colleague for his speech. There are several elements of the Conservative motion before us today that we agree with. Obviously, we want to see an end to the increase in violent crime that has occurred in recent years, and the government needs to do more in that regard.

If the Conservatives do not agree with certain provisions of Bill C-75, I have to wonder why they have not introduced a bill to amend those provisions, rather than moving a motion on an opposition day.

I would like to hear my colleague's comments on that. Is this the beginning of a process? Will a bill be introduced in the near future? Why not?

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 3:30 p.m.


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Conservative

Larry Brock Conservative Brantford—Brant, ON

Mr. Speaker, I wish to inform the House that I will be splitting my time with my colleague, the member for Barrie—Innisfil.

It is always a privilege to stand in this House to speak on behalf of my constituents of Brantford—Brant. After eight years, the Prime Minister and his government are solely responsible for our failing justice system. This is pressing and urgent; bail reform is needed now. Far too often, we are hearing Canadians use language such as “catch and release”, “a revolving door” and “an unequal justice system” to describe the state of affairs in Canadian bail courts.

In my almost two decades of prosecuting in the trenches of our criminal justice system, I have repeatedly witnessed dangerous criminals being released on bail. I am honoured to add my experience working in the criminal justice system to such an important debate. A major concern during my lawyer years was our inability to keep violent repeat offenders off the streets and in custody where they belong. I was unable to vocally criticize the lenient bail system as a Crown attorney, so I made the decision to become a politician to effect change.

The Liberal government wants Canadians to believe it has crime under control with its justice policies and that it is on the right track. I thank our Conservative leader and all my Conservative colleagues for bringing this debate into the House and for showing Canadians that this Liberal soft-on-crime agenda has broken our bail system and eroded confidence in our judicial institutions.

In 2019, to codify the principles outlined in the Supreme Court of Canada case Antic, the Liberals passed Bill C-75. Although it was intended to modernize the bail system, the effect of this legislation was to allow offenders arrested for violent crimes to be released back on the street fast enough to commit other crimes, sometimes on the same day. In fact, this was an occurrence that I routinely saw as a Crown prosecutor. I would often read Crown briefs noting the accused laughed and bragged to the arresting officers that they would be released in hours.

After receiving numerous calls and emails from my constituents, who shared their concerns about Canada's justice system, I met with the Brantford police chief, Rob Davis, and the president of the Brantford Police Association, Constable Jeremy Morton. It was important to learn directly from them what the root causes are and how we as parliamentarians can address them.

Chief Davis shared with me that it is disheartening to all police officers to see that they are doing their job, they are catching people, they are putting them before the courts, they are asking that they be held in custody but they are being released. He said that criminals are brazen and are laughing at the current justice system. He said oftentimes, they are getting back home before the officers do, and the next thing he knows, they are committing twice as much crime. It is a telltale sign of the level of brazenness among criminals. He also reflected on how the system has dramatically shifted and said that criminals' rights have now superseded the rights of victims.

For years, Canadian law enforcement worked hard to build trust in the police and give victims a level of security if they came forward, and the perpetrator was put into the justice system. Now, everything, according to him, is upside down. The Liberal soft-on-crime approach, he says, is bringing the justice system into disrepute, and the concern that law enforcement now has is that if society loses faith in the justice system, we may find ourselves in a situation where citizens will decide to take things into their own hands.

I never thought as a parliamentarian that I would be quoting Oprah Winfrey, but on her show, every Christmas, she would have giveaways. She would point to the audience and say, “You get a car”, or they got another gift. That is precisely what has happened with the Liberal government and the Prime Minister given their approach to the bail system in Canada. With the Prime Minister, for the last eight years we have said, “He gets bail. She gets bail. Everyone gets bail”, regardless of the fact that they have repeated criminal offences on their record, regardless of the fact that they have an outstanding charge and regardless of how serious the charge is.

It is a statistical fact that the majority of serious violent crimes committed in this country are committed by a handful of repeat offenders. For example, in Vancouver alone, 40 offenders were arrested 6,000 times in one year. That is 150 arrests per person, per year. Brantford Police Chief Davis further spoke on this issue and stated that we have entire neighbourhoods that one or two bad apples will terrorize as repeat violent offenders.

The data published by Statistics Canada clearly shows that between 2008 and 2014, under the Harper government, Canada witnessed an annual decrease in the crime severity index. From 2015 onward, this trend changed dramatically.

Since the Prime Minister took office, the number of crimes has grown year after year. Violent crime has gone up 32% in one year. Gang-related killings have gone up 92% since the Liberals formed government. In 2021, there were over two million police-reported Criminal Code incidents, marking an increase of 25,000 incidents since 2020.

Since the fall of 2022, tragically, five Canadian police officers have been killed while on duty. With hundreds of murders in 2021, one Canadian was murdered every 10 hours throughout the year. The 2020 data shows that Canada's homicide rate is roughly double that of the U.K. and France, and four times higher than that of Italy.

Even though the Prime Minister and his government are claiming that Bill C-75 was meant to clear the backlog of people waiting for bail hearings, experts say it has done much more than that. Essentially, the government has told judges dealing with bail applications that they need to make sure anyone accused of a crime is released at the earliest opportunity and on the least serious conditions. Let that sink in. Primary consideration is for the accused, not for the victim and not for society at large. Some judges and justices of the peace feel that the bill has put shackles on them and has resulted in an increase in releases, even by violent offenders.

Last month, all 13 premiers sent a letter to the Prime Minister calling for amendments to keep more people in custody as they await trial. This call was supported by police chiefs, police associations, mayors and provincial attorneys general from coast to coast to coast. Recently, the Toronto police chief opined on the issue of bail reform and argued that only judges and not JPs should be allowed to hear bail cases when serious gun charges are involved.

A multipronged approach to bail reform is required. According to the Supreme Court, everyone is entitled to a speedy trial. However, it can often take years to get to trial. We need to speed up the system so that when criminals show up in court, the judge knows they will get a speedy trial and may be less inclined to bail them out.

The Liberals said they were open to discussions, but that has been their position since the provincial justice ministers raised that issue last March, almost a year ago. Instead, the government has been busy passing Bill C-5 and Bill C-21.

This January, a judge in my riding of Brantford—Brant said that my hometown community is “plagued by gun violence—murders caused by guns and people walking around with firearms. It never used to be as prevalent as it is today.” She said, “Now it’s an epidemic”, and that the Crown should get tougher on offenders.

To put it into perspective, the Liberals and the NDP have ignored the real way that most criminals get their guns under Bill C-21. They eased bail conditions for serious violent crimes under Bill C-75 and decided to put the safety of victims at risk with Bill C-5. The Conservatives have been calling for a balance to the justice system and bail reform for years, but the Liberal Minister of Justice and Attorney General of Canada continues to defend the current system.

I have a very quick primer on bail. Bail legislation reflects the fundamental principles outlined in Canada’s charter that attempt to balance the rights of the accused by upholding the presumption of innocence with public safety and confidence in the system. The law allows for people who are deemed risky to be detained for certain indictable offences, or when confidence in the administration of justice would be undermined by releasing a person into the community.

Canada needs bail reform now to pull back from the failed views put forward by the government. We cannot continue to endanger our communities by letting repeat violent offenders walk freely on our streets and simply wait before they harm somebody. How much more blood needs to be spilled on our streets? How many more police officers need to lose their lives before the government finally acts?

JusticeOral Questions

February 2nd, 2023 / 2:55 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, Bill C-75 codified what were essentially Supreme Court decisions and made it harder to get bail in a number of cases. It did not change any of the severity of bail conditions for violent criminals, yet we are still going to look at other possibilities with the provinces to move forward to make Canadians feel safe.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 1:45 p.m.


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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, I will repeat the question I asked earlier.

I think everyone agrees on the fact that the provisions of Bill C-75 need to be looked at and improved. That being said, no one is born violent. That tendency develops over time. Without support from our social services, which have been undermined as a result of 30 years of health transfer deficits, violence may increase.

I would like to know whether the government will increase health transfers to 35%.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 1:45 p.m.


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Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Madam Speaker, the member for Richmond Hill gave us a very long overview of what the bill is intended to do and what Bill C-75 is supposed to do. However, I want to share some facts.

In my riding alone, in December of this past year, in a drive-by shooting, one of the charges was possession of a firearm contrary to a probation order. In December as well, a man was attacked with a hammer and, again, there were several charges, including several counts of breach of probation. In November, a man and a woman were arrested on numerous drug charges, but again the man was charged with additional two counts of a breach of a weapons prohibition. There was another one in my riding, with multiple agencies in a drug bust, where again charges were tied to a prohibition order.

If this bill is so good and we do not need bail reform, why do the stats show that it is not working and we desperately need changes to our bail system?

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 1:35 p.m.


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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Madam Speaker, at the outset, I would like to inform the House that I will be sharing my time with the member for Sudbury. I am thankful for the opportunity to join today's debate relating to the criminal justice system, focusing on bail and repeat violent offenders.

I would like to thank the hon. member for Fundy Royal for his motion and his long-standing commitment to public safety. His motion provides me with an opportunity to discuss recent reforms to the Criminal Code, specifically former Bill C-75, and reflect on what is happening in my community and what we are doing in Richmond Hill.

Bill C-75 was introduced on March 29, 2018, in the House of Commons and subsequently received royal assent on June 21, 2019. The changes enacted by the bill came fully into force in December 2019.

While the reforms were enacted principally to address delays and criminal justice system efficiencies related to the concerns raised by the Supreme Court of Canada in its 2016 Jordan decision and 2017 Cody decision, they also modernized and streamlined Canada's bail regime. These reforms represented the most significant changes to Canada's bail regime since the Bail Reform Act of 1972. Bill C-75 also reflected the reasoning of Canada's top court in the 2017 Antic decision. It was a product of significant consultations with the provinces and territories. It was a thoughtful and broad-ranging reform.

With respect to the bail amendments in Bill C-75, they were designed to specifically streamline the bail process by increasing the types of conditions police can impose on accused in order to avoid sending unnecessary cases to court and to reduce the need for unnecessary bail hearings, and by no means were they designed to reduce the conditions assigned during bail; codify a principle of restraint to ensure that release at the earliest opportunity is favoured over detention when appropriate, and I will go into detail on that later; provide guidance so the bail conditions imposed are reasonable, relevant to the offence and necessary to ensure public safety; and finally, require that the circumstances of indigenous accused and of accused from vulnerable populations be considered at bail to better address the disproportionate impact that the bail system has on these populations.

My colleagues suggest that Bill C-75 has broken Canada's bail system, that its reform forces judges to release violent repeat offenders back onto the street, and that receiving bail is easier now than ever for violent repeat offenders. By no means does the data support this. These claims are, at best, ill-informed and, at worst, very misleading. We have the data to prove that.

In the past 15 years, more than half of the admissions to adult provincial and territorial facilities were for remands to await trial instead of admissions to sentenced custody. A lot of people were waiting to be sentenced or were waiting to be heard. According to Statistics Canada, the proportion of admissions to remand has increased from 54% in 2006-07 to 67% in 2020-21, despite a constant decrease in the number of adult admissions during the same period.

This increase in the remand population has disproportionately affected indigenous people and persons from vulnerable populations. As a result, Bill C-75 enacted in the Criminal Code a requirement that the circumstances of indigenous accused and of accused from vulnerable populations be considered at bail in order to address the disproportionate impact that the bail system has on these populations.

The amendments in the bill sought to reduce the imposition of bail conditions that are unreasonable, irrelevant and unnecessary, which was also a codification of the rules developed by the Supreme Court of Canada. However, the criteria for when accused persons can be released by police or justices were not changed. The law remains clear that detention of an accused person is justified if it is necessary to protect the safety of the public.

We hear so often about the repeat offenders. It is in the hands of the justice system to ensure that it has the tools to be able to detain them. We have not changed that. Moreover, police are required to detain an accused person if there is a risk of reoffending.

The Bill C-75 amendments significantly expand protection for victims of intimate partner violence, particularly within the bail regime. The bill created a definition of “intimate partner” that applies throughout the Criminal Code to clarify that it includes a current or former spouse, common-law partner and dating partner.

It also created a reverse onus provision in the Criminal Code for an accused person charged with an intimate violence offence if the accused has a prior conviction for an offence involving violence against an intimate partner. This reverse onus applies regardless of whether it is the same partner, a former partner or a dating partner. What this means is that the presumption that the accused should be released pending trial no longer applies. The accused, not the prosecutor, would have to justify their release to the court. All the tools needed to prevent recidivism are there.

The change to impose a reverse onus reflects what we know about the heightened risk to safety that victims of intimate partner violence face. It also signals to bail court the seriousness of the alleged offences, as well as the increased risk of reoffending in this context.

Bill C-75 also added two new factors a judge must consider before making an order to release or detain an accused person. First, in an important change, bail courts now have to consider an accused's criminal record, something that may have occurred but was not mandated by the legislation. Second, the court needs to consider whether an accused has ever been charged with an offence that involved violence against an intimate partner. These two factors help ensure that courts are better informed and have a more a complete picture of prior history of violence that could threaten the safety of a victim or the public at large.

As a result of these changes, bail courts are now required to take these factors into account when making a number of different possible bail-related determinations, including the decision to impose an order not to communicate with a particular victim, witness or other person, a detention order or an order to release the accused on bail.

If the accused is to be released on bail, the court would have to consider whether the alleged offence was against an intimate partner in determining whether bail conditions are necessary and, if so, what type of conditions are appropriate, such as a condition prohibiting contact with the victim.

Requiring bail courts to consider the safety of intimate partners before releasing an accused on bail affords increased protection to victims of intimate partner violence. Bill C-75 made changes to the bail system that respond to guidance on bail-related charter rights of the accused as found in the decisions of the Supreme Court of Canada. These changes aimed to help address the overrepresentation of indigenous people and vulnerable populations in the criminal justice system, while also increasing the efficiency of the bail system.

I emphasize that Bill C-75 did not change how the bail system should respond to violent or repeat offending, and it made some admirable changes to bail for those charged with offences relating to intimate partner violence.

In closing, contrary to the hon. member's suggestion, Bill C-75 has strengthened our bail system and helped protect victims of intimate partner violence.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 1:35 p.m.


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Conservative

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

Madam Speaker, indeed, the issue at the border is a major one. We have raised it many times. The government needs to put far more effort into controlling illegal weapons trafficking at the borders. These weapons are being used by criminals on the streets of Montreal, Toronto and all over Canada.

We did not include it in the motion today because we are specifically targeting Bill C-75 and the fact that Bill C-5 is harmful. However, the problem of weapons trafficking at the borders is indeed a priority issue. I hope the government will speed things up.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 1:30 p.m.


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Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Madam Speaker, I thank my colleague. I admire him greatly, but I do not agree with what he is saying. Bill C‑75 was not perfect. We all agree on that, on both sides of the House. There are some improvements to be made.

I would like my colleague's opinion on the remarks made by Carolyn Yule, a sociology and anthropology professor who studies bail. She says that there is no evidence to suggest that a tough-on-crime approach to bail would improve public safety.

Can we please trust these academics?

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 1:25 p.m.


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Conservative

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

Madam Speaker, things always get emotional when we talk about crime, but facts are facts.

The streets of Montreal would be safer had Bill C-5 not been passed, for example.

Last week, we saw one of the harmful effects of Bill C‑5, which was passed before Christmas. An individual who committed aggravated sexual assault eight years ago was sentenced last week. There were many delays related to the court process, and Bill C‑5 was passed in the midst of all that. The sentence that the judge handed down was 20 months to be served in the community, whereas, in the past, that individual would have been jailed. Seeing what the judge had done, the Crown prosecutor said that the Prime Minister and the Minister of Justice had a lot to answer for to the victims.

Ever since this government took office eight years ago, I have been astounded by its total lack of sympathy for victims.

The Canadian Victims Bill of Rights was enacted during the Conservative era. My colleague, Senator Pierre-Hugues Boisvenu, then prime minister Stephen Harper, then minister of justice Peter MacKay, and Steven Blaney, who was also a minister, created the Canadian Victims Bill of Rights as a way to give victims of crime the right to be protected and informed. We know victims have been totally overlooked in recent years. Criminals are laughing at the justice system because they know that justice is much weaker now and they can commit crimes over and over without fear of prison time. It is victims who are living in fear, too scared to even file a complaint anymore because they know that nothing will come of it. The Liberals can say what they want, but facts are facts.

On this day of debate on our motion, we are not addressing the problem in a partisan way at all. When the premiers of all 13 provinces and territories ask for exactly the same thing and the police associations in Canada all ask for exactly the same thing, I would say it is because there is a problem.

I hope my colleagues in the Bloc Québécois will understand the approach we are taking today. As I said earlier, if anyone reads our motion carefully, they will clearly see that we are specifically targeting firearms offences, among others.

Say a criminal who commits an offence and is charged with a firearms offence is able to get parole easily and goes on to commit another firearms offence. If we asked Canadians if they thought that was okay, they would all say no. One of the problems with Bill C-75 is that it allows criminals to be released too easily. That is what we want to be fixed. We are asking that the situation that was created by passing Bill C‑75 be resolved to prevent recurring crimes.

As I said earlier, in British Columbia, 40 individuals were arrested 6,000 times in one year. That is unbelievable. In Canada, the group we are targeting amounts to a few hundred individuals. We are talking about 1,000 criminals at most. We are not talking about applying a law to every person in Canada who is facing any kind of charges. Rather, we are focusing specifically on the problem of criminals who commit firearms offences and dangerous repeat offenders. That is all we want, and we would like the Liberal government to show some understanding.

After eight years, this Liberal government needs to understand that we need more rules and that what we are talking about right now is a very valid issue. As I said, it is not a partisan issue when 13 provincial and territorial premiers from all parties are saying the same thing. These premiers are Liberals, Conservatives and New Democrats. I think it is perfectly reasonable.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 1:20 p.m.


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Conservative

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

Madam Speaker, I rise today to speak to our motion, which is very important. I will begin by saying that I have been here for eight years, the same amount of time that this Liberal government has been in power. Under this Prime Minister's reign—and I say “reign” because the Prime Minister behaves like a king who is not accountable to anyone, whether the decisions are good or bad—it has become clear that this government and this Prime Minister are very sympathetic to criminals.

This is evidenced by several decisions that have been made and several legislative changes that have been introduced over the past eight years. Whether those decisions are in relation to prisons, Bill C-75 or Bill C-5, we find that they are always oriented towards helping criminals, not victims.

In the eight years since the Liberal government came to power, we have seen an increase in crime with all these legislative changes that favour crime. This is particularly true when it comes to bail. I remember the debates we had on Bill C‑75 quite clearly. The Conservative Party was very critical of what was proposed in that bill, because it made no sense.

Today, four years later, we see the result. I want to make it clear to my colleagues on the Liberal side who are here, and even to my colleagues from the Bloc who endorsed Bill C‑75 at the time but who may have changed their minds by now, that today's motion is very specific. We are asking the government to urgently review certain elements of Bill C‑75.

In particular, we want to review the provisions regarding criminals who use firearms and who, unfortunately, because of Bill C‑75, are able to obtain bail too easily. We had evidence of this just before Christmas, when a Toronto police officer was murdered on his first day working solo. This young police officer was murdered by a repeat offender who should never have been released on bail.

This is the most serious type of crime in Canada right now. We are not here today to table a sweeping motion to revamp Bill C-75 in its entirety. We want to target this problem specifically, as requested by all the premiers of all the provinces and territories of Canada, as requested by the police associations, and as requested on January 23 by Pierre Brochet, president of the Quebec association of police chiefs. He urged the government to change the way it deals with the worst criminals of all, repeat offenders, who commit violent crimes over and over again.

We are seeing that now. British Columbia has published reports. My colleagues love talking about reports, so let me point out that a report from British Columbia said that 40 offenders were arrested 6,000 times in just one year. That is mind-boggling. The same individual could be arrested and released three times in the same day. That is hard for anyone to understand, but it is one of the harmful effects of Bill C‑75, and that is what we want to fix.

We want to fix this very specific problem. Today's motion is aimed at that. Earlier, I heard my Bloc colleague speak about young offenders. We are not talking about that. All we want to do is close the loophole in Bill C-75 regarding violent criminals, those who commit dangerous offences over and over day after day and got a 28-year-old police officer killed just before Christmas.

When we talk about lax Liberal policies, the facts speak for themselves. All the changes that have been made over the last eight years have led to the 32% increase in crime we are seeing these days. There has also been a 92% increase in murders committed by street gangs.

Why is that happening, if not because, as I said at the start, criminals are no longer afraid? Criminals are thumbing their noses at the justice system. In the streets of Montreal, criminals were eagerly waiting for Bill C-5 to be passed.

I hear my Liberal colleague on the other side saying “come on”. I would invite him to go meet with—

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 1:05 p.m.


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Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, I will be splitting my time with the member for Charlesbourg—Haute-Saint-Charles.

Canada's bail system is broken. Why do we say it is broken? It is because it is not working for law-abiding citizens who fear for their safety, and it certainly is not working for victims. Cities in B.C., including my hometown of Surrey, are facing an onslaught of crime, including gang activity, property damage and violence. It is no wonder why.

In 2019, the Liberals passed legislation, Bill C-75, that directed a “principle of restraint” when imposing bail conditions. Under this soft-on-crime policy, police are forced to release known criminals on a promise that they will show up in court, a practice known as catch-and-release. This approach is not working in British Columbia, nor anywhere else in Canada.

Let us look at the tragic murder of Constable Shaelyn Yang. She was stabbed to death while on duty by a man previously arrested for assault. He was released on the condition that he would appear in court, something which he failed to do. A warrant was issued for his re-arrest, but when found living in a tent in a Burnaby park, he took the life of Constable Yang. He stabbed her to death.

Sadly, crimes of this violent nature are becoming commonplace in British Columbia. A tourist was stabbed multiple times in the back while waiting in line at a Tim Hortons in Vancouver. His assailant was the subject of a Canada-wide warrant for failing to follow the conditions of his release.

Last December in Surrey, a man with a criminal record, which included 23 convictions for assault, attacked a mother and her 11-month-old child. Last year, a man stole a ferry vessel from Victoria harbour. He was arrested, released and was later caught shattering the windows and doors of local businesses.

In Vancouver, and we have heard about this before but it bears repeating, 40 offenders accounted for 6,000 arrests last year. That is an average of 150 arrests each. No one should pretend that this is acceptable. In Kelowna, one man is responsible for 346 complaints to local police in the last six years, which led to 29 convictions for assault and property crimes.

The rates of crime, especially violent crime, have reached a crisis point in B.C. The BC Urban Mayors' Caucus has sounded the alarm bells and is calling for action to prevent this cycle of crime. In its letter to the premier, it states that its cities have to divert precious resources away from other public safety priorities to deal with repeat offenders.

Even NDP Premier David Eby, who was here just the other day, signed a joint letter with all premiers to the federal government calling for the broken bail system to be fixed. The letter states, “The justice system fundamentally needs to keep anyone who poses a threat to public safety off the streets. And this starts with meaningful changes to the Criminal Code..., an area solely within the federal government's jurisdiction.”

The Surrey Board of Trade, an organization normally associated with economic development in my region, is expressing its concern with crime on the streets. It recently said, “The economic development of any community relies upon its reputation as a safe, viable region in which to locate and do business”.

The breakdown of public safety has hit my community of South Surrey—White Rock, but the problem extends far beyond B.C. It is a national mess. This past summer, we all watched with horror the mass killing on the James Smith Cree first nation in Saskatchewan. The perpetrator had previously been charged with over 120 crimes, but none of that prevented him from taking 10 indigenous lives.

Following that senseless tragedy, the Leader of the Opposition stood in the House pleading for change. He said:

The James Smith Cree Nation was not only the victim of a violent criminal, but also the victim of a broken criminal justice system.... A system that allows a violent criminal to reoffend over and over again with impunity does not deserve to be called a justice system. Leaving victims vulnerable to repeat attacks by a violent felon is not criminal justice. It is criminal negligence.

I agree that the broken bail system needs to be fixed. For someone who makes one mistake, of course they should be given every opportunity to build a productive life for themselves and others, but dangerous, violent, repeat offenders cannot be allowed to terrorize our streets.

Bill C-5 would make the problem worse. The Liberals rewrote sentencing for serious crimes, putting dangerous criminals back on the street sooner than they deserved to be. They lowered sentences for crimes such as assault with a weapon, abduction of a minor and participation in the activities of a criminal organizations, making these crimes eligible for summary convictions. They expanded house arrest for other serious offences, including sexual assault, kidnapping, human trafficking, motor vehicle theft and arson. Imagine how victims feel marginalized, how their suffering is ignored.

The Liberals eliminated mandatory prison time for serious gun crimes, including robbery or extortion with a firearm, weapons trafficking, discharging a firearm with intent, using a firearm in commission of a crime, and reckless discharge of a firearm. While the Prime Minister is letting drive-by shooters and gunrunners back into our community, he is going after law-abiding hunters and sport shooters.

Meanwhile, in the middle of the opioid crisis, he eliminated mandatory prison time for drug dealers. Over 31,000 Canadians have lost their lives to overdose since the Liberals took office eight long years ago. Now the crime of producing heroin, cocaine, fentanyl or crystal meth is not subject to a mandatory minimum sentence. The same goes for drug smuggling and drug trafficking.

The blame for this mess lies at the feet of the Prime Minister and his Liberal Party, but in a minority Parliament, he cannot act alone. The NDP are complicit. Thirteen NDP MPs from B.C. voted for the reckless erosion of the justice system, and they too must be held to account. They changed the justice system to cater to the sensibilities of left-wing activists who want to defund the police rather than provide safe streets for our citizens, and now five police officers have been murdered in the past year.

The new justice system puts the criminal first and the victim last, and offenders first and the needs of the community last. It frees the felon while tying the hands of law enforcement. What is the result after eight years? Violent crime is up 32%, homicides are up 30%, gang-related murders up 92% and sexual assaults have increased by 61%.

Next election, voters in the Lower Mainland and on Vancouver Island can count on Conservatives to clean up the mess made of our cities and our rural communities. We will fix Canada's broken bail system by repealing the elements enacted by Bill C-75, which forced judges, some of whom are now publicly complaining, which is very unusual for an independent judiciary, to release violent repeat offenders onto the streets, allowing them to reoffend.

We will strengthen Canada's bail laws so that those who are prohibited from possessing firearms and who are then accused of serious firearm offences do not easily get bail, as they do now. We will target violent repeat offenders and ensure that Canada's justice system puts the rights of law-abiding Canadians first. We will restore safe streets and protect our citizens from violent crime.

Canadians are hurting in so many ways under these Liberals. They do not care, but the Conservatives do.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 1 p.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, the government is listening to these groups. Back in October, the justice minister met with leaders throughout our country who were demanding these changes. That is when they initially had a discussion about this. He has indicated in the House today, which I am sure the member for Barrie—Innisfil was present to hear, that those discussions are ongoing and that he would be meeting with them again in February.

The member asks why we will not agree to change Bill C-75, but Bill C-75 was just about fixing the mistakes the previous government made that were identified by the Supreme Court. My colleague from the NDP made a really good point earlier when he said that despite the fact that these laws may have been found unconstitutional 10 or 15 years later, lives were still affected in the meantime. Charter rights were legally infringed upon in the meantime, and that is what the Conservatives would like to see happen. They have no problem at all with seeing that occur.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 1 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, a while ago, a wise man told me never to argue with a fool because they will never know I am right, so against my better judgment I stand up here.

The difference between the Liberals in government and the official opposition party, the Conservatives, putting this motion forward is that we are actually listening to the voices of Canadians, those of police chiefs, police associations, big-city mayors and the premiers of all the provinces and territories in this country who are demanding bail reform as a result of the failures of Bill C-75 and Bill C-5. They are seeing it on the streets. What happened with Constable Pierzchala was the top blowing off a volcano. As sad and as difficult as that situation was, it was festering underneath in the judicial system, and now all of these groups are calling for changes.

Why will the government not listen to these groups and implement the changes that are being called for?

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 12:50 p.m.


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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, I rise today to speak to the Conservative fundraising motion. Why do I say that? It is not that I do not think this is an extremely serious issue. I do, and I will get to that in a second, but I feel as though the Conservative Party is taking a serious issue and exploiting it for its own gain.

We all know the Conservatives pretty much came into the room knowing this motion would not be supported by a majority of parliamentarians, but they are looking forward to the opportunity to use it in a fundraising email blast, probably later this evening, or something of that sort. It is extremely disingenuous when we treat the House of Commons this way. I do not think it was ever intended to be used this way, but unfortunately we see the Conservatives doing that more and more.

To start, bail reform, as we know and as we have been hearing from leaders throughout the country, is a very important thing we need to tackle. That is why the Minister of Justice met with leaders back in October and committed to working with them. That is why he is meeting with them again in February. That is why he will work with them to make the genuine reforms they are looking for and need in order to increase public safety. In my opinion, he is genuinely working toward an objective of trying to make Canada a better place and improve the quality of life of all Canadians.

I am disheartened by this motion because, for starters, the first resolve paragraph in it specifically speaks to Bill C-75 and directs the government to make changes to Bill C-75. The irony, though, is that Bill C-75 was brought in to fix Harper Conservative legislation on mandatory minimum sentences. At least three pieces of legislative have been struck down by the courts at this point. By bringing in Bill C-75, we mirrored what the courts were saying. The courts were saying that the law infringes upon people's charter rights, that it cannot be imposed on people and that it must be changed.

What would the Charter of Rights look like for the Conservatives? If they continually brought in legislation that was found to be unconstitutional by the Supreme Court, would that not imply they would rather have a different Constitution with a different Charter of Rights in it, a Charter of Rights that did not give what ours currently gives? I cannot understand how we could land on any other assumption than that.

In his address today to the House, the Leader of the Opposition specifically talked about the Conservative approach. He outlined what the Conservative approach would be. However, what he did not talk about was that this approach has been struck down repeatedly by the Supreme Court. He has to come clean with Canadians and say how he would deliver on his approach. Would he use the notwithstanding clause to override the Supreme Court? Would he change the Charter or Rights so that it does not look how it looks now? How else would we effectively get the Conservative approach to become legislation that could be upheld and deemed constitutional by the Supreme Court?

I find it very confusing and very disingenuous when a motion like this comes in. It has to do with a genuine concern being brought forward by leaders throughout our country, but the Conservatives are utilizing it and piggybacking off it to try to exploit something else they are doing. They are trying to exploit fears and anxiety in order to raise money. That is the only conclusion I can come to. That is why I said that I cannot see the purpose of this motion being anything other than a fundraising tool for the Conservative Party.

The Conservatives talked a lot about Bill C-75 making bail easier. That is not what Bill C-75 was about. As a matter of fact, one of the changes in Bill C-75 made it more difficult for people to get bail. It put the onus on the accused to explain why they should be getting bail. That was specifically related to intimate partner violence.

I keep coming back to this point: Why would the Conservatives intentionally exploit these fears if it was for nothing other than political gain? Time after time, we see this narrative coming forward from the Conservatives. We see them standing up in this House and suggesting that this government is directly responsible for some of the things that were put in Bill C-75, specifically as they relate to reforms, which were only needed because the former Conservative government that put in legislation did so in a way that infringed upon people's charter rights, if we are willing to accept the ruling of the court.

As I said, Bill C-75 did not change the criteria of when an accused person can be released by police, a judge or a justice of the peace. It is important to point that out because we have heard repeatedly from the Conservatives today that this is the case. In fact, as I indicated, we made it harder for some individuals to get bail, especially as it relates to intimate partner violence.

Bill C-75 also imposed what is called a reverse onus, as I indicated, for bail imposed on an accused charged with certain firearms offences. This means that the accused will be detained pending trial unless they can prove that bail is justified.

Bill C-75 was adopted following a binding Supreme Court decision, so the Conservatives' first resolve paragraph in the motion asking that we immediately repeal the elements of Bill C-75 is disingenuous at best, because we were replying to what the court was telling us. The Supreme Court of Canada was telling us this had to be done in order to maintain people's charter rights.

I come back to where I started: What is it going to be? Do the Conservatives believe in the charter? Do they believe in those rights? They keep bringing forward legislation that imposes upon them. Do they believe in them, or would they like to see the charter changed? If they do want to see the charter changed, what would they have it look like? I am very curious about what the Charter of Rights would look like per the definition of the Conservatives and per the legislation they have been bringing forward. What do they see for those rights? It is a legitimate question. We have to get to the bottom of that because it is the underpinning and fundamental document upon which the vast majority of challenges are made.

I will continue to listen to the debate today. I am obviously opposed to this motion, and I am glad to see that the majority of colleagues in the House are coming from the same position. It is the responsible thing to do. We need to make sure we continue to have very important conversations about bail reform with leaders throughout our country who are asking for it. We have to have them in an honest way that genuinely impacts Canadians' lives and makes the lives of Canadians safer in the process.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 12:30 p.m.


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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, Bill C-75 was definitely not perfect. There were many ways it could have been improved. However, we must not throw the baby out with the bathwater.

It is also important to take a broader view of the situation and ask what causes the violence. A child is not born violent. Various aspects of a person's life leads them down that road.

Across Canada, social services have been greatly affected by cuts to health transfers over the past 30 years. Are those services still effective? Should we not be reinvesting in health?

Therein may lie part of the solution. It will not happen overnight, but over the long term. Health transfers have suffered 30 years of cuts, and it is time for that to change.

I would like to hear from my colleague on this issue.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 12:20 p.m.


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Conservative

Melissa Lantsman Conservative Thornhill, ON

Madam Speaker, it has been eight years of the Prime Minister and thousands of new victims of crime across Canada in those eight years.

I stand here not only as the voice of my constituents in Thornhill, but also as the voice of thousands of people in every corner of the country who want us to start taking the safety of our communities more seriously.

I grew up in the place that I represent in the House of Commons today and I have spent almost my whole life living in the Toronto area. Even though the city is home to millions, we have always been blessed to have a feeling of big-city safety. That is not often found elsewhere. For years, we rode transit without fearing the random attacks. Now all we have to do is open the newspaper, go to Twitter or turn on the news to see violent attack after violent attack throughout the last number of months.

We gathered in public places with our loved ones and we were free to do the things we wanted to do whenever we wanted to do them without fear. We went about our daily lives, safe from criminals and the people who wanted to harm others, for the most part. We used to feel safe in the city. That feeling is fading away. All one has to do is open the newspaper to see it.

With every day that passes comes another story about the out-of-control violence in our streets and the innocent people who are being terrorized by it: stories of people being stabbed in the head and face with ice picks; stories about people being swarmed and beaten, in some cases by teenagers, or pushed in front of moving trains or shoved to the ground; stories about people being set on fire in the biggest city in our country.

All the recent attacks, the ones have outlined a number of times, were random. All of these attacks were in Canada. The GTA is used to making international news, it is a big place, but not international news like this. Last week, it was on the BBC. A few weeks ago, it was in the New York Times. Even my hometown of Vaughan made it onto CNN last December after a horrific shooting.

We are obviously seeing more of this. The rate is rising. The stats are clear. Rising crime is not just something that is tearing into my community and it is not isolated. It is something that is happening in every neighbourhood across the country. It is happening in Vancouver where entire sections of the city are being taken over by out-of-control drug and gang activity. It is happening in rural communities, where only 18% of all Canadians live but 25% of violent crimes take place. Those numbers are shocking.

There were more homicides in our nation in 2019 than in 2018. There were more in 2020 than in 2019. There were more in 2021 than in 2020. That is a pattern and somebody has to say it. Things are not okay because each day we see more suffering in our communities and more inaction or, frankly, not the right action in our Parliament.

While our neighbourhoods are affected by crime, the Liberals are busy telling us, once again, that it is somebody else’s fault or it is somebody else’s job, deflecting blame and denying guilt again. However, the stats are clear; we only need to turn on the news.

While families are grieving the loss of loved ones to violence, the Liberals are busy reducing the penalties for heinous acts like robbery with a firearm, fentanyl trafficking that is ravaging the streets in places like Vancouver, or in smaller places like Peterborough and London or places like right outside the House. Kidnapping is also on the list.

While victims of crime are struggling to get justice, the Liberals are standing by their policies and making it easier for the very people who are responsible for those crimes to go back out in the world and do it all over again. The Liberals are standing by Bill C-75, which is what we are talking about today. It makes it easier to get bail, easier to be let out of custody, easier for criminals to go back to their illegal activities and harm even more people. It is broken. What we are doing is not working and everybody else knows it.

Last year in Toronto, there were 44 shooting-related murders. Seven of those arrested were out on bail already for charges of gun crime and 17 of those were out on bail for other crimes. If people are keeping score that is more than half. Of the 44 murders in the city in which I have spent most of my life, more than half, or 24, of those accused were out on bail; 24 additional families that lost loved ones because of the Liberal broken bail system. Every premier says that the system is broken along with every police union and police chief.

If we listen to everyone else who is talking about it, they say that bail reform could save lives. There are a lot of other things that we can talk about, but not talking about this when we know it can save lives would be irresponsible.

In 2021, 165 people in Toronto, who were out on bail for gun charges, were arrested, including 98 people who were arrested on gun charges. It is broken and what we are doing is not working, and everybody agrees.

Since the Liberals have been in power, violent crime has increased by 32%. Gang-related homicides have increased by a staggering 92%. Car jacking has doubled in Toronto. Property theft has gone up. It has all gone up; it is broken. What we are doing simply is not working. Our laws are broken.

It is shocking that the Liberal member for Scarborough Southwest is a cabinet minister and former Toronto police chief, and he said more about crime in Memphis last week than he has said about crime in his own city. That is disgraceful.

Today, Liberal members continue to insist that everything is fine, that nothing is wrong and that they are working on it. There was a meeting last November where all premiers and the federal government agreed to do something, and there is still nothing.

All 13 premiers have written a demand letter to the Prime Minister to fix our broken bail system. The voices are united. It is police officers, it is frontline officers, it is police unions and it is people on our front lines who are all begging the government to do something about it.

We will always stand on the side of law enforcement in our country. We are also going to stand on the side of victims of crime, and not on the side of criminals. We are going to stand for ending soft-on-crime laws like Bill C-75 that put the rights of criminals above those of the victims. That is wrong. All we have to do is open a newspaper to read about it.

We are here today to demand action because if the Liberals will not anything, we will. If they are not prepared to make a change, to do their job and protect Canadians, they should step aside and let somebody else do it.

It is not about some archaic regulation. It is not about political posturing. Everybody agrees. All premiers from different stripes agree. The mayor of my hometown, who just ran for the provincial Liberal leadership, wrote a demand letter to the Prime Minister asking for bail reform.

This is not a Conservative issue. It is an issue that speaks to public safety and to the protection of the rights of victims over the rights of criminals.

Our proposal is simple: prioritize the rights of victims and law-abiding citizens, not the criminals, and fix the broken bail system that lets murderers and repeat offenders out, free to recommit crimes in the community.

We need to bring back penalties and punishments that actually fit the crime, particularly for violent repeat offenders. We need to fight crime where it exists, at our borders and in gangs, not in the home of law-abiding firearm owners or hunters.

It is time to go back to the time when people felt safe in their communities, where people can walk on the streets without being randomly attacked, where criminals are punished for the crimes they commit, where Canadians have the right to travel wherever they want whenever they want and be free of fear on public transit, to go out in public with their families and feel safe.

I hope all members, on behalf of their communities, their constituents and their loved ones, stand up for those rights. We can do that by passing this motion today. I hope hon. colleagues in the House see that too.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 12:15 p.m.


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Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Madam Speaker, I thank the Leader of the Opposition for his speech.

This is a very emotional subject. We all want disinformation to be set aside. To some extent, we all want to be able to rely on science and research to make changes. Clearly, Bill C‑75 is not perfect. We would like to comment on that.

We must focus on the good elements and work towards implementing them, which is not happening now, in my opinion. Furthermore, there is clearly a vote-seeking aspect to the Conservatives' motion.

I would like to ask the Leader of the Opposition what his reaction is when I talk about science and research. Carolyn Yule, a professor of sociology and anthropology—

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 12:15 p.m.


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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, I heard the Leader of the Opposition talk about the Conservative approach. What we know about the Conservative approach as it relates to their “tough on crime” legislation is that on multiple occasions the Supreme Court has shot down their legislation saying that it is unconstitutional and infringes upon charter rights. In fact, Bill C-75 only mirrors exactly what the Supreme Court has ruled.

In order for the Conservatives to use their approach, they would have to do one of two things: either invoke the notwithstanding clause or change the charter in a way that suits their ability to bring forward the legislation they want. My question for the Leader of the Opposition is quite simple. If he was the Prime Minister and wanted to bring in this legislation, which of those two choices would he do? Would he change the charter or would he use the notwithstanding clause?

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 11:40 a.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, as members of the House know, I am always pleased to rise to talk about issues of criminal justice and public safety. My background, before I came here, was 20 years as an instructor in this field. I am also always pleased to talk about this as a former member of a municipal police board. Of course, right now, I am particularly pleased to get to address this question as a member of a community that, like many others across the country, has seen a rise in public disorder, which is of great concern to citizens and, I have to say, specifically small businesses in my riding, which quite often bear the brunt of that public disorder.

I am also pleased, as always, to get to talk about solutions, and that is why I am not so pleased to be discussing the Conservative motion before us today.

As I mentioned earlier in a question, something perplexes me a bit. On Monday, we came together in the justice committee on a very reasonable motion put forward by the member for Fundy Royal, which I supported and which the government eventually supported, to agree that the committee should work on practical solutions to the real problems that have been raised by municipal leaders, the public and premiers to find practical and effective solutions that would increase public safety by changes to the bail system.

There we were on Monday getting ready, and we have actually scheduled those hearings to start within two weeks, so we are moving rapidly, for the House of Commons, to try to find those solutions. I must say that we are moving more rapidly in the Commons than the government has moved. These issues were presented to the government months ago by the premiers, and we have not seen much happen. However, I am optimistic, I and was very optimistic on Monday, yet here we are, three days later, with the Conservatives bringing forward a very divisive motion full of inflated rhetoric, sensational statistics and claims about the bail system that are really not true.

As I said before, it makes me wonder which is the real Conservative Party on this issue? Is it the one that is doing this sensational motion, which I cannot help but conclude is about motivating its base and fundraising, or is it the party that put forward a reasonable motion that we could all agree on, the Liberals, the Bloc and the NDP, to work together in the justice committee to find practical solutions to the real concerns Canadians have about the bail system?

I guess the proof will be in the pudding when we get to the committee, where we will see if the Conservatives will work with the rest of us to find those practical solutions, because this motion really does fan the flames of public fear rather than make a contribution to solutions to the problem.

New Democrats agree that we need to find ways to address the problem created by certain violent criminals who have been previously charged and convicted of serious offences and who have ended up receiving bail. We need to look at how we tighten up the system in that aspect.

At the same time, we are also concerned about the public order questions. We know that there is probably not an easy legislative fix to those public order problems. They create real fear among citizens, rightfully so, but we know that most of those public order problems are rooted in things such as mental health issues, addiction and poverty.

Until we as a society address the poverty, the addictions and the mental health questions, and until the federal government actually delivers on its promises to provide more funding for those kinds of programs and to the provinces, then I do not think we will have a real solution to the public order problems before us.

At the heart of what we are talking about today is something that is sometimes lost, and that is the presumption of innocence. In any just society, those who are accused of a crime have the right to be presumed innocent, which is enshrined in our charter, until they are found guilty.

In our system, we do have a presumption against pretrial detention. We really believe that we should not be penalized by being detained before one has actually been convicted of anything.

It is quite disturbing to me to look at our system and find that up to two-thirds of people in provincial detention centres, on any given day, have never been convicted of anything. They are there awaiting trial. That is a very large number.

When we hear people talk about our bail systems as a catch-and-release system, it is not a catch-and-release system. We detain very large numbers of Canadians before trial. Who ends up being detained? Who does not end up getting the benefit of bail? It tends to be indigenous people, racialized Canadians, new Canadians and low-income Canadians.

Why is that? It is because for people to get bail, we demand certain things. We say that people must have a stable job, a stable address and someone who can supervise them while they are out on bail. Of course, the people who have the least resources in society have the least ability to meet those fundamental conditions for getting bail. If they do somehow get bail, they also have the least resources for meeting the conditions that might be imposed on them.

I know someone quite well who worked with an individual with mental health challenges who was required to report to their bail supervisor on a regular basis, but they could not get it together to do that because of their mental health challenges. Those people risk ending up with bail violations, with another offence, even if they were not guilty of what they were charged with in the first instance. What we have, honestly, operating in our system contributes to the overincarceration of indigenous people, racialized people and poor people in this country, starting with the bail system.

While, yes, we acknowledge there are some problems with the bail system that we need to look at, New Democrats would expand that to take a look at what we can do to make sure we are not penalizing people unnecessarily by putting them into detention for long periods while awaiting trial.

Most upsetting to me in this bill is the misuse of statistics by the Conservatives. We all know that the overall rate of crime in this country has been on a 30-year decline. That is still the general trend. We know, though, that in the past five years there has been a spike in public order crimes, violence on the streets and serious violent crime.

Where does that come from? We need to take a serious look at what causes those increases. We have had some unusual things happening in the world and in this country in the past five years. Therefore, some of it is related to the pandemic; some of it is related to the mental health challenges that we honestly failed to deal with, which resulted from the pandemic. When we are talking about finding solutions to these problems, it is not good enough for me to look at a spike in statistics and say we must make general changes in our system. That is really throwing out the baby with the proverbial bathwater.

We have specific problems we need to address, and we need to look very carefully at those problems and find effective solutions that really contribute to public safety.

As I mentioned earlier, provincial and territorial ministers of justice brought concerns forward at the justice ministers' meeting in Nova Scotia last October. They had concerns about serious violent offenders and the bail system and about the public order crisis at the community level, and the Minister of Justice promised to review the bail system. I am told again and again that the government is working on this. Maybe we need a faster gear; this is something we often hear from the New Democrats when we are talking about the Liberals. Yes, they have said the right thing; now let us actually complete that task.

In January, after the high-profile murder of an Ontario Provincial Police constable, where one of the accused was on bail, the premiers had heard nothing specific from the Liberal government. They drafted a letter making a very specific suggestion to the Prime Minister that reversing the onus for additional serious and violent offences should be considered as a reform to the bail system. This is something I take very seriously, and I think New Democrats are quite prepared to look at it.

To be clear, reversing the onus for bail means that one would need to demonstrate why one should be released rather than the prosecution demonstrating why one should be retained in custody, which is the norm. There is a list of offences already for which there is reverse onus for bail, including murder and serious violent firearms offences. This also includes something Bill C-75 did, which was reversing the onus in domestic violence cases. The presumption is now that those who are charged and have been previously charged or convicted with domestic violence offences need to show why they should be released rather than the prosecution showing why they should stay in jail.

Considering this issue means hearing from some experts, police and prosecutors about how we can fix the problems and what we specifically need to do. What offences should be added to that list?

Again, there is a bit of irony. We tend to hear the Conservatives as defenders of firearms owners, but in this motion, they are saying that any firearms offences should get a reverse onus, that it should get a restriction on bail.

That seems peculiar to me coming from the Conservatives because my concern is about serious violent offences, not technical violations of gun laws. Therefore, when they say we should get rid of all of Bill C-75, it begins to sound like this was a bill about bail reform. Actually, it was an omnibus criminal justice bill that had many things the New Democrats supported and many things that I had long advocated for, including reversing the onus on bail in domestic violence cases. However, the claim that Bill C-75 somehow forces judges to do things is simply false. The claim in this motion is not true.

What Bill C-75 did was put into law the Supreme Court decision from 2017, called R. v. Antic. In that decision, the Supreme Court was very clear that fundamental justice and the charter require that those who are awaiting trial be released at the earliest reasonable opportunity and under the least onerous conditions in order to respect the principle of the presumption of innocence. Are there some unintended consequences of that decision in Bill C-75? Perhaps there are. I am looking forward to the committee looking at the specifics of what we can do if we have those unintended consequences. However, as the member for Saint-Jean so rightly pointed out, repealing Bill C-75 would not change anything about the law on bail because the charter and the Supreme Court decision would still exist. Therefore, to single out Bill C-75 for repeal is really not realistic as a solution to the problems.

What is it I want as a New Democrat and a member of Parliament? I want us to do that hard work at committee to figure out how we can reassure Canadians that those who are accused of serious violent crimes and already have a record of serious violent crime do not get bail before a trial for another offence.

I also want us to take a look at that broader question of how we make sure that changes in the bail system do not inadvertently contribute to the denial or inordinate detention of indigenous people, poor people or racialized Canadians. We cannot make sweeping changes to that system and still respect the need to make the justice system fair for all Canadians.

With that, I am going to conclude my remarks today. I want to say that I am disappointed with this motion, and for that reason, New Democrats are voting against it. However, it remains obvious that there is at least a part of the Conservative Party that came to the justice committee on Monday prepared to work seriously on these issues and find real solutions to the concerns that the public has about public disorder and violent crime. They are prepared to find things that are effective in increasing public safety as a way of addressing those, and not a motion like this, which sensationalizes the problem and provides no real solutions.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 11:35 a.m.


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Liberal

Han Dong Liberal Don Valley North, ON

Mr. Speaker, my colleague touched upon something I think is very important. Bill C-75 did impose a reverse onus on serious offenders to prove that they have conditions and reasoning to obtain bail. She said something about it is getting harder to get bail, especially for those offenders.

Can she elaborate on that and assess whether weakening Bill C-75 served the purpose of this opposition day motion?

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 11:25 a.m.


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Bloc

Christine Normandin Bloc Saint-Jean, QC

Mr. Speaker, I would like to take a few seconds to wish you a happy new year, good health, happiness, love and anything else your heart desires. I want to also send that message to my constituents in Saint-Jean, as this is the first time I have spoken in the House this year.

I am not going to put the Conservatives on trial for their motion today. I would like to believe that this idea stems from a genuine desire to reduce violent crime and prevent the proliferation of illegal firearms. I hope that I will not be put on trial either, despite the fact that I am going to describe the problems with this motion. In my opinion, it does not provide a solution. I will be disappointed if I hear, yet again, during question and comment period, that the Bloc Québécois has helped put dangerous criminals back on the street and refuses to admit that there is a problem. I hope that does not happen, but I will be sure to manage my expectations.

There are a few problems with the motion, and I will go through them one at a time. For instance, no distinction is made between correlation and causation. Some members have presented statistics showing an increase in certain crimes and said that this is caused by Bill C-75. That is correlation. There is a theory about that, known as the hemline economy theory. According to this theory, when short skirts are in fashion, the economy is doing well, and when long skirts are in fashion, the economy is doing poorly. If we were to rely solely on this index, we would probably all make some very poor choices in the stock market. Similarly, if a temporal correlation is the only correlation that exists between an increase in crime and the passage of Bill C‑75, then we are probably overlooking the real solutions to a multi-faceted problem.

Another problem is that some of the “whereas” clauses and demands in the motion are based on somewhat fallacious arguments, and some are not supported by any evidence. I will come back to that aspect when I go through the motion in greater detail.

The arguments raise another problem. We are hearing a lot of references to the case of Randall McKenzie, who allegedly killed a police officer in December while out on bail. If we look at this case more closely, we might find that it is not just him being out on bail that is the problem. Randall McKenzie had already been locked up and was released on bail with some of the strictest conditions possible. He was on house arrest 24 hours a day, he wore an electronic tracking device and he was allowed to leave home only for medical reasons or to get legal advice from his lawyer. The question is, what happened? How did he end up out in public when the company monitoring the GPS device should have sent an alert to have him immediately apprehended? There may be a problem there too. No one has raised that issue yet, but the analysis should go beyond the simple issue of bail.

I heard it said that if Randall McKenzie had not been out on bail, the police officer would still be alive. I am sorry, but we have still not heard all of the evidence in this case. The authorities are not certain that he is the one who pulled the trigger. There is a co-accused in the case, so the argument is perhaps a little thin. This is only a secondary point, I only wanted to mention it. However, it is perhaps a stretch to say that a life would have been saved if bail had not been awarded.

I would like to point out a fourth problem with the motion. Making it more difficult to obtain bail in the case of illegal arms possession will not dissuade people from procuring illegal arms. The motion will not have an impact on first offences with a firearm. Adopting the motion could leave us with a false sense of security.

I will quickly review some of the points in the motion.

The motion states, “That, given that, after eight years of this government's soft on crime policies, (i) violent crime has increased by 32%”. According to Statistics Canada, this number includes sexual assaults.

In recent years, thanks to greater awareness among other things, there has been an increase in the number of crimes reported, which contributes to the increase in this number. When we talk about violent crime in general, we are not necessarily referring to violent gun crime or cases in which the accused was awarded bail. That, however, is how the question for the government is being framed.

The motion states that “violent, repeat offenders are obtaining bail much more easily”. I still have not heard a clear explanation of whether this is true, and, especially, if it is related to the repeal of certain aspects of Bill C‑75 requested in the motion.

The motion also states that “five Canadian police officers were killed in the line of duty in just one year”. That is both deplorable and tragic. We should do something about that. However, no connection is made between the murder of these police officers and the bail system. Statistics are used to justify strengthening bail provisions, but there is not necessarily a rational link between the statistics and what the motion is asking for. That is deplorable. I think that the Conservatives could have been more thorough in presenting their motion.

One of the things the House is being called to do is the following:

(a) fix Canada's broken bail system by immediately repealing the elements enacted by Bill C‑75...which force judges to release violent, repeat offenders onto the streets, allowing them to reoffend;

As my colleague mentioned, there is a fallacy in this paragraph. There is nothing in Bill C‑75 or the Criminal Code forcing judges to release people. In fact, when we get right down to it, the only thing that forces judges to release people is the Canadian Charter of Rights and Freedoms.

There are two fairly specific rights in the following paragraphs of section 11 of the Charter:

Any person charged with an offence has the right...

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

(e) not to be denied reasonable bail without just cause;

The charter, not the former Bill C‑75, sets out that requirement for judges. The charter and the sections that allow for bail have established criteria.

Custody of an accused is only justified by the Criminal Code in certain cases, for example, “(a) where the detention is necessary to ensure his or her attendance in court”, such as someone with dual citizenship who is afraid of losing citizenship in another country, or “(b) where the detention is necessary for the protection or safety of the public”.

There are pre-existing criteria that judges can use to maintain institutional custody. Where “(c) the detention is necessary to maintain confidence”, the judge has the discretion to keep an accused in custody.

Section 515 of the Criminal Code also provides terms and conditions. For example, consideration must be given to “(iii) the circumstances surrounding the commission of the offence, including whether a firearm was used”, which we already do, and “(iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.”

The Conservatives are saying that they want to, and I quote:

strengthen Canada's bail laws so that those who are prohibited from possessing firearms and who are then accused of serious firearms offences do not easily get bail;

However, that is already included in section 515 of the Criminal Code. Will that really change anything? It is a fair question. When we talk to criminal lawyers about the gun problem, we see that it is getting harder and harder to get bail when a firearm was used to commit a crime, so the motion contains some things that are already covered.

The motion seeks to repeal the former bill without really explaining what it is about. It attacks Bill C‑75, which actually does some other worthwhile things. For example, it creates a reverse onus for domestic violence. The accused must prove that they will not be a danger to the public if they are released on bail, whereas for other crimes the opposite is true. With regard to gun violence, the onus is already on the accused, or in other words, it is up to them to prove that they do not pose a risk to society.

As I mentioned, although this motion addresses a real and serious problem, it may not be the right solution. As I also mentioned, if a person makes their stock market decisions based on the hemline index, then they will likely make poor choices.

I think the same applies here. We need to have conversations about the best way to proceed so we do not opt for a bad solution to a real problem.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 11:20 a.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, my colleague raises an interesting point. It is indeed a call for action. That is a good thing, because we are talking about this issue today.

Premiers and police associations across the country have also sounded the alarm. However, I have doubts about the means the Conservatives are trying to use today to take action. Is today's motion the right way to resolve the issue or to provide solutions? Would the ideal way not be to introduce a bill to amend certain provisions that were in Bill C‑75? Perhaps that would be a better way to take action.

Obviously, we, the parliamentarians, are not really the experts. We invite experts and listen to them. If certain police associations are saying one thing or another, it is our duty to listen to them.

I am not sure that today's motion is the right way to move forward. I understand why the Conservatives are putting this issue on the table. It provides us with an opportunity to discuss it. However, if they really want to change the provisions included in Bill C‑75, I think that they should introduce a bill.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 11:10 a.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, I would like to take this opportunity to wish you a happy new year. I know that February is a bit late, but this is one of the first times we have seen each other this year. I would also like to wish my constituents, the people of Avignon—La Mitis—Matane—Matapédia, a happy new year. I will begin by saying I will be sharing my time with the member for Saint-Jean.

I am very pleased to speak to this issue, which I believe is exceptionally important. Law and order is obviously an area that we, as members of Parliament, are concerned about.

I agree with my Conservative colleagues on several aspects of this motion. In the past eight years, violent crime has increased by 32% and gang-related homicides by 92%. The number of violent crimes has skyrocketed, inevitably jeopardizing Canadians' safety. Five police officers were killed in the line of duty in just one year. That is enormous when compared with previous years.

In Ontario, 44 police officers were killed in the line of duty between 1961 and 2009. That is about one per year, and, in my opinion, that is one too many. In 2022, five police officers died while on duty. That is not just too many, that is totally unacceptable. The people who undertake to protect the public should never pay with their lives.

In this respect, I am in complete agreement with my colleagues, and I must say that the efforts made by the Liberal Party in recent years to prevent violence, limit the number of firearms in circulation and help break up gangs have been less than stellar.

It would be wise to try not to get lost in the statistics. There are many statistics out there, and they support some of the facts included in the Conservatives’ motion. Overall, the number of crimes reported by police in Canada in recent years shows an alarming increase.

Hate crimes have increased by 72%. These are mainly crimes motivated by hate towards a religion, sexual orientation or ethnic origin.

Gun crimes have risen 25% in the past 10 years. As I was saying earlier, there were more murders in Montreal in 2021 than in any of the previous 10 years. Some 37 murders were committed, compared with 28 in 2020, with 25 being the result of a dispute or settling of scores within organized crime and 12 involving Canadians between the ages of 12 and 24.

In 2021, police reported 34,242 cases of sexual assault. That is about 90 cases of sexual assault for every 100,000 citizens, keeping in mind that only about 6% of sexual assaults are reported to police.

Let us not fool ourselves: This increase in violence is not just a big-city problem. In my own rural riding in the Gaspé, in Eastern Quebec, a man was arrested for weapons trafficking in Pointe à la-Croix barely three weeks ago. He allegedly supplied illegal weapons and narcotics to Montreal street gangs. In 2021, a raid in Gaspé led to the seizure of multiple illegal firearms, more specifically, 50 long guns, 10 handguns, bullet-proof vests and ammunition of every calibre. Last August, shots were heard in a residential neighbourhood in Gaspé, and an individual was arrested.

The picture we are painting here is pretty grim. The government must take concrete and legitimate measures to address Canadians’ concerns and to ensure their safety.

In its motion, the Conservative Party calls on the government to repeal the elements enacted by Bill C-75. Although it is true and entirely legitimate to point out that certain elements of the bail reform are problematic, as we have seen in the news recently, the fact remains that the wording of the motion is also problematic. Some elements are simply false.

Let us be clear: No changes made by Bill C-75 require any judge to release violent repeat offenders. With all due respect, saying otherwise, intentionally or not, is more of an opinion than a proven and verified fact.

To say that the bail system is no longer working is also not entirely true. The bail system is based on the art of finding a balance between public safety and the presumption of innocence, which is protected by something that is quite dear to the Conservatives, specifically, the Canadian Charter of Rights and Freedoms.

The Bloc Québécois had a number of good reasons to vote in favour of Bill C-75, even though, as we said, given recent events, we can now see that the legislation has its flaws. I am sure that my colleague from Saint‑Jean will elaborate on this idea because she is an extremely competent and seasoned legal expert. I will be happy to just go over some of the facts that were checked and quantified.

While the convicted offender population has been gradually declining in recent years, the number of people held in pre-trial detention almost tripled in the past 35 years. This increase occurred while the overall prison populations remained relatively stable during the same period. In fact, the crime rate had been falling since the 1990s.

Under the law, there were more innocent people held on pre-trial detention than actual offenders serving custodial sentences, after being convicted, in provincial and territorial correctional facilities since 2004-05. This data is widely available. It comes from an analysis conducted by the Department of Justice in 2015 in connection with Bill C-75. My colleagues should therefore be able to obtain the report and base their decisions on those facts, which were checked.

We must keep in mind that, financially speaking, a growing population in pre-trial detention will result in considerable additional costs for governments at every level. This only places more pressure on already limited resources.

The debate surrounding the bail system is perfectly legitimate, and it is a good thing. On this point, once again, I agree with my Conservative colleagues. Bill C-75 has several flaws, as the provincial premiers unanimously pointed out to the federal government. Basically, they are asking for the same thing as one of the elements included in today’s motion. They claim that it is justifiable to strengthen bail laws so that people who are prohibited from possessing firearms and are then accused of a serious firearm offence cannot easily get bail. I think that some work could be done in this area.

This inevitably leads me to the actions that the government should take to prevent gun crime. We have said it often enough: Bill C-21 does not necessarily fix the problem of the proliferation of firearms. I was happy to be able to discuss this with the minister. Other actions must be taken in other areas.

More specifically, we need more border controls and prevention measures in large cities. Obviously, financial investments must be made, and the government always enjoys showing off its financial record in this area. However, there are other things that can be done, and the Bloc Québécois has presented several options, for example, collaborative efforts between the various police forces. There are a lot of things that can and should be done.

Although we agree with the Conservatives on several aspects of this motion, the idea of strengthening legislation is rooted in the ideology of law and order. Right now, the proliferation of firearms in our major cities is a problem, we cannot say it often enough. Although this reflex reaction is understandable, a number of experts, including Carolyn Yule, a professor of sociology and anthropology at the University of Guelph who studies the bail system, claim that there is no evidence to suggest that a harsher approach to bail would improve public safety. I think that is something to think about.

Given that the text of the motion moved today includes elements that may not have been fact-checked and that could potentially turn out to be false, it is impossible for the Bloc Québécois to support this motion, unfortunately. As I said, we agree with several aspects, and the government must do more. It is true that crime has increased in recent years, but unfortunately, because of certain elements in the motion, we cannot support it.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 10:55 a.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

Mr. Speaker, I want to thank my colleagues for the opportunity to have this important debate about bail reform. Before I come to the remarks that have been prepared for me in advance, I want to take a few moments to acknowledge the grief, trauma, loss and the sense of suffering being felt by communities across the country. I had the chance to visit with many communities, whether it was out west in Vancouver or out east in the Atlantic communities with the families and the victims in Portapique and Truro.

More recently, it was in Quebec City, with all the families and survivors at the commemoration of the sixth anniversary of the mosque shooting.

It is also in my hometown, where we are seeing a recent spate of violence in our public transit system. It is imperative that we have a thoughtful discussion based on a number of pillars. Yes, we need to take a look at our policies and our laws.

I want to commend the Minister of Justice for many of the reforms he has advanced to improve the administration of justice so that we can focus on serious offenders who do, in many instances, need to be separated from the community for protection. Also, I want to underline the work that he and our government are doing to address many of the systemic challenges that have led to overrepresentation in federal incarceration facilities, as well as provincially, when it comes to indigenous peoples and racialized Canadians. We cannot have these discussions in isolation.

I have grieved with families. I have grieved with the community of law enforcement officers who have lost five of their own. We owe it to them and to every single Canadian to make sure we are informing our discussion on the basis of principles that are underlined in the charter, but equally by the experiences of those who have suffered. It is in that spirit that I hope we can have this debate today.

My colleague, the Minister of Justice and Attorney General of Canada, has spoken about an openness to receiving proposals with regard to the bail system. I have worked on the front lines of the criminal justice system. I have seen how these laws are applied in a very real, practical and tangible way. Even as we navigate the proposals being put forward by the various constituencies, including the law enforcement community, I hope all members will appreciate that there is no one cure-all for the challenges we face. We need to take a look at the entire suite of laws and policies, not only with regard to bail but also with regard to how we are tackling gun violence.

There is a bill currently being studied by the Standing Committee on Public Safety and National Security, Bill C-21, which would equip law enforcement with additional tools to tackle gun violence by raising maximum sentences against hard traffickers and by giving law enforcement additional surveillance tools to interdict the organized criminal networks that would seek to traffic illegally firearms that make their way into our country, potentially to be used in violent crime to terrorize our communities.

We also need to take a look at the other investments the government is making to support law enforcement in keeping our communities safe, including a $450-million allocation over the last few years for CBSA. That will enable law enforcement agencies to acquire the resources, the technology and the techniques that they need to build on the progress that they have made in the last two years where they have seized a record number of illegal firearms.

Beyond those investments, I do think it is important as well to talk about prevention. One of the challenges I find around the debate on public safety is that we place great emphasis on laws and policies. We talk about Bill C-21. We talk about the acts that have been passed, and led and shepherded by my colleague, the Minister of Justice. We talk about Bill C-75, which, by the way, was a piece of legislation aimed at addressing the systemic and chronic backlogs in our court system so we could focus on the most serious offenders who commit the most serious crimes and pose the most serious risk to public safety. That was the genesis of Bill C-75.

The purpose of Bill C‑75 was to reduce the case completion times.

To hear some colleagues from the Conservative Party mis-characterize that bill as catch-and-release legislation does a disservice to this debate. We do not need slogans; we need concrete solutions. I would submit to the chamber that this is precisely what the Minister of Justice and this government have been doing. I would also say the same thing with respect to Bill C-5.

We heard a colleague from the NDP point out that the last time the Conservative government had the reins of government, it introduced a number of policies that were reviewed and then struck down by the Supreme Court of Canada. We do not need a return to the failed policies and overreach, which detract and diminish from the independence of the judges to assess on the merits and based on the facts and circumstances of each offender who comes before them. What we need is a thoughtful, constitutional approach to this matter, and that was the point of Bill C-5. It was not to promote catch-and-release policies, which has been overly simplified and distilled. That may play well on YouTube or in social media, but, again, it does a disservice to the complexity of the challenges that are faced when it comes to keeping our community safe.

As we focus on laws and policies, we do not talk enough about the underlying root causes. We do not talk enough about the need to provide additional support for mental health care, homelessness and poverty. We do not talk enough about the need to provide additional skills, experience and confidence to those who are most at risk of being exposed to criminal elements, which I have seen across the country and in my own community.

When I had the chance to travel to James Smith Cree Nation and grieve with those families, community members told us that they knew their own, that they knew how to ensure they could take care of them and put them on the right footing. It is only through collaboration and partnership with those communities through initiatives like the building safer communities fund, a $250-million federal initiative that is administered out of Public Safety Canada, that we can start to address these challenges at the root cause so we can stop crime before it starts.

In the context of the debate we are having today, we need to put as much emphasis on looking at preventative strategies, which we can work together on to advance, to see crime come down. No matter which side of the debate we are on, no matter which party we belong, no matter which constituency we represent in the chamber, the one thing I am assured of is that all Canadians are unified behind the common cause of wanting to reduce gun crime, wanting to reduce any kind of violent crime, which may find its stem in the systemic challenges that I have discussed. We need to come together to have that debate and not resort to slogans, bumper stickers or any of the other catchy phrases that we heard in the to and fro of the heated debate in the chamber, but have an actual and thoughtful debate that is based on facts and constitutional principles. That is precisely what I hope we can do today.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 10:50 a.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I would recommend to the hon. member that he reread not only the Supreme Court decision, but also Bill C-5. I realize the problem was the inflammation of rhetoric during the debate on Bill C-5. We did not remove all the minimum mandatory penalties with respect to those gun offences. We only did it in a very narrow band, and it mirrored exactly what the Supreme Court did.

We have been on this question for a long time, since at the very least the federal-provincial-territorial meeting of last October. As I mentioned in my speech, Bill C-75 basically reframed the Supreme Court of Canada jurisprudence that had evolved over previous years. It added reverse onuses with respect to intimate partner violence. There are some reverse onuses that already exist.

We are working with the provinces to find other ways to improve the law while remaining charter compliant. These discussions have been going on, particularly at a technical level with our experts. We are going to continue to do this.

We have a responsibility to do this. We have exercised that responsibility. We do not wait until inflammatory rhetoric drives us. We have been doing this for a long time in a prudent way in collaboration with our partners.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 10:40 a.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I will be sharing my time today with the hon. Minister of Public Safety.

I am pleased to have an opportunity to speak to the important issue of bail and a possible reform in Canada. I know that Canadians are concerned about this issue. Making sure that our laws are effective and fair and that they protect Canadians is certainly a priority for my government.

First, I would like to express my condolences to the families of Constable Greg Pierzchala and Michael Finlay and Katie Nguyen Ngo, and of all victims of the disturbing incidents of violence across this country that we have seen in recent months. Each has been a personal tragedy and a blow to our communities.

Canada has a strong and effective criminal justice system, including its bail laws, but we all know that things could always be improved. Canadians deserve to be and to feel safe, and we have a role to play in protecting our communities. I want to reassure Canadians that, if someone poses a significant threat to public safety, the law tells us they should not be released on bail.

I am disappointed that the official opposition is using tragedies to try to score political points. Canadians know that these are serious and complicated issues, and there are no quick or easy solutions. That is why we have been working hard for months, in collaboration with our provincial and territorial counterparts, to find solutions that would ensure the long-term safety of our communities.

Canada is not broken, despite what the Leader of the Opposition would like people to think. Indeed, data from Toronto shows that between 2019 and 2021, there was a decrease, both in the percentage of individuals granted bail and the number of people rearrested while on bail.

That being said, our government is always looking for ways to improve public safety and the efficiency of our justice system. At the federal-provincial-territorial meeting in October, the Minister of Public Safety and I committed to continue working with our counterparts on the issue of bail. This work is well under way. We also received a letter from the premiers about bail and we are carefully reviewing their proposals and other options.

Yesterday, I had the pleasure of meeting with my B.C. counterpart, Minister Sharma. Minister Sharma and I agreed that the best way to address the complicated issue of bail reform is by working together. I am hopeful that all of my provincial and territorial counterparts will agree.

Unfortunately, there is a lot of misinformation out there on the old Bill C-75. Bill C-75 is the result of a lengthy collaborative effort with the provinces and territories. It codified the bail principles set out in binding Supreme Court of Canada rulings.

I want to reiterate that Bill C-75 did not make any fundamental changes to the bail system. It did not change the criteria under which an accused can be released by the court. On the contrary, Bill C-75 made it harder to get bail for certain offences, such as violence against intimate partners, by reversing the onus of proof.

I trust that the hon. member for Fundy Royal will also be reassured to learn that there is already a reverse onus where an accused subject to a weapons prohibition is charged with a firearms offence, exactly as his motion calls for. That means the accused would be denied bail unless they can prove to the court that their release would not pose a significant risk to public safety or undermine the public's confidence.

I also know the hon. member for Fundy Royal well enough to be sure he was not deliberately trying to mislead the House on the recent Supreme Court decision, which actually confirmed everything we did in Bill C-5. The minimum mandatory penalty we struck down, the court struck down as unconstitutional, and the minimum mandatory penalties we chose to retain in that bill have been upheld by the court. I would suggest the member read the Supreme Court decision a bit more closely.

One of the calls in the letter from the premiers is to establish a reverse onus for additional offences. I can assure the House that I am giving this serious consideration, and the work is well under way. We have also heard calls for law enforcement reform. I am grateful for their recommendations based on frontline experience. Work is under way to develop legislative and non-legislative options to address the particular challenges of repeat violent offenders.

We also know that it will take more than a legislative reform to completely fix this problem. The police need the necessary resources to monitor offenders who are out on bail and to arrest those who breach their release conditions.

We have already provided significant funding and we are open to providing more where it is needed. There has to be support and care for mental health, as well as for addictions treatment. There needs to be a social safety net. The previous government cut social programs and now we are seeing the very real and serious consequences of those cuts. As a government, we have made unprecedented investments in mental health, including $5 billion for the provinces and territories to increase access to care.

I commend our partners in B.C. for the action they took on bail in November as part of their safe communities action plan. I encourage all provinces to use the many existing tools at their disposal to ensure bail laws are applied safely, fairly and effectively. Yesterday I was happy to see the Premier of Ontario commit to action in this space, and I will reach out to my counterpart in coming days to discuss how we can collaborate.

Addressing the particular challenges posed by repeat violent offenders requires a comprehensive approach that crosses jurisdictions and levels of government. We will be acting at the federal level, and I hope my provincial counterparts will do the same. The only way to solve this problem is by working together. To this end, as has been planned since our last meeting in October, in the coming days I will be reaching out to justice and public safety counterparts to convene an urgent FPT meeting to continue our important work on bail.

I am hopeful that together we can review the product of months of joint work by federal and provincial officials and agree on a comprehensive path forward.

We know there is no easy solution to such a complex problem. We strongly believe that we need to protect Canadians.

At the same time, we must ensure that any measures taken will not exacerbate the overrepresentation of indigenous peoples and Black and racialized Canadians in our jails. We must not further marginalize vulnerable people, including those struggling with mental health issues and addiction, and we must also ensure that everything we do is compliant with the charter.

I look forward to sincere debate in this House today, and I will happily take any good-faith suggestions made by members of Parliament. I discourage members from wasting this opportunity with empty rhetoric designed to inflame the fears of Canadians. Let us debate real solutions and focus our energy on offering ideas for how the system can be changed to better keep Canadians safe while respecting our fundamental rights and values.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 10:35 a.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, unfortunately, the facts do not back up my colleague's assertion. Bill C-75 enshrines in law the principle that the least onerous provision possible has to be put in place for offenders. That means that the onus is on the prosecution to show why a less onerous provision would not be appropriate, which has resulted in a broken bail system.

Members do not have to take my word for it. We are on opposite sides of the House here. However, they should listen to the 13 premiers from their own provinces. The Ontario Provincial Police and the Toronto police are saying the same thing. They are all laying the blame on Bill C-75. They are saying it is easier for repeat violent offenders who commit gun crimes, since Bill C-75 passed, entrenching this in law, to get bail. The results are in. Individuals who are out on bail are committing murders. Over half the murders in Toronto are committed by individuals out on bail. What more evidence do we need to see?

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 10:35 a.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, with respect to Bill C-75, I just want to make something absolutely clear. Bill C-75 imposed a reverse onus on those who are charged to prove they should be released. It is a very important tool in the criminal justice system. It is one that imposes an onus on the individual to prove that they should be released, whereas in most cases it is a presumptive release.

Can my friend opposite outline what change he would make to Bill C-75 that would undo this, or is he asking that we strengthen this? I am not clear on where he is going with this. As is, Bill C-75 did strengthen bail and it made our communities stronger. I think my friend opposite is misleading us in that regard.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 10:25 a.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, it is an honour to rise today on what is a very important and pressing issue in our country today.

Our justice system under the Liberals is broken. Everybody knows it. All 13 premiers have gotten together to demand change. Our bail system is the responsibility of the federal government. Those provisions are in the Criminal Code. It is this Parliament that has jurisdiction over the Criminal Code. Our bail system is badly broken.

Some of the recent stats that we have seen out of Toronto will absolutely amaze members. We have heard from police associations across the country. We have heard from the Ontario Provincial Police. We have heard from the Toronto police. We have heard from police officers, and my fellow members have probably heard in their own ridings, about the dangers of our current catch-and-release bail system: the same individuals being caught for a crime and being let back on the street.

In Toronto, and I find this amazing, there were 44 shooting-related homicides last year. Of those 44 perpetrators, the accused, 24 were on bail. Our system is broken. That stat alone will tell us that our system is badly broken, when over half of the homicides in Toronto are committed by people on bail. There are people walking the streets in our community whom we had in custody. The police did their job. They caught them after committing a crime. They charged them, but because of a broken Liberal bail system, they are back out on the street.

This other one, again, amazes me, from the Toronto police: In 2021, 47 individuals were let out on bail. Who are these 47 individuals? They were individuals who were arrested for a firearms offence but were given bail. They committed a firearms offence, but now they are out on the street. They were re-arrested for another firearms offence, and 47 of them were given bail again, given bail twice for firearms offences. The system is broken.

Now we look at the tragic death of a police officer that has galvanized police organizations and has galvanized the premiers, every premier in our country. As my colleague just said, it is hard to get multiple parties from multiple provinces, different premiers, to all agree on something. We do not expect, in Canada, that we would all agree on something, but every single premier in this country, of every province and every territory, agrees that we need bail reform. They are saying that repeat violent offenders who commit gun crimes should not be let out on the street. That is not too much to ask.

Two days after Christmas, a young police officer was gunned down by an individual who was on bail, an individual who had a lifetime firearms prohibition order against him. If someone with a lifetime firearms prohibition commits a firearms-related offence and we cannot keep them in custody, the system is badly broken.

Who broke the system? It was the Liberals. In 2019, Bill C-75 made it far more difficult for offenders who should be behind bars to be kept behind bars. Bill C-75 was a sweeping bail reform by the Liberal government that established a catch-and-release system that ensured that even repeat violent offenders who use guns to commit their crimes would be back out on the street.

It gets worse. The Liberals like to say that the Conservatives' “tough on crime” does not work. The fact of the matter is that it does work. Violent crime went down when we were in government. What is happening with crime now? Crime is up 32% in Canada since the Liberals took government. Gang-related crime and gang-related homicides nearly doubled since the Liberals took government, less than eight years ago. To lay this at the feet of the Liberals is entirely appropriate. It is their system.

What does Bill C-5 do? It removes mandatory minimum sentences for crimes like extortion with a firearm, robbery with a firearm and for drive-by shootings. It allows house arrest for individuals who burn down homes, arsonists. They burn down someone else's house, but they get to serve their sentence from the comfort of their own house. Those who commit sexual assault are now able to serve their sentence from their home and possibly in the same community as their victim.

When we say the Liberal justice system is broken, it absolutely is. Liberals will often talk about the tough-on-crime approach of the Conservatives. If someone is a repeat offender and commits robbery with a firearm in this country, if someone walks into a store or into someone's home with a firearm and robs them, they do not need to be out on the street. They need to be in jail.

It is not helping anyone. We are not helping the victims. We are not helping our communities. We are not even helping the offender. How does putting an offender back on the street help them? Under the Conservatives, if someone committed robbery with a firearm, they went to jail for a minimum of four years.

Under Bill C-5, which recently passed into law, the Liberal Bill C-5 that is soft on crime, there is no longer a mandatory jail sentence for committing a robbery with a firearm. There is something interesting I heard the justice minister say many times. He said that tough on crime is not constitutional.

Less than a week ago, just yards from here, the Supreme Court of Canada said the mandatory penalty of four years for robbery with a firearm is constitutional. It was a seven-to-two decision. The Supreme Court of Canada said that a mandatory penalty of five years for robbery with a prohibited weapon is constitutional. What a surprise. That was a seven-to-two decision. Those were two separate cases.

Soft on crime does not work. Canadians know it. Conservatives know it. Premiers of all political stripes know it. The only people in this country who like this approach would be the Liberals and repeat offenders. That is poor company to keep.

We have to take action on behalf of victims. I do not know how we can look a victim's family in the eyes and say the system does work. Then we say that the person who was out on bail for a firearms crime, who had a lifetime firearms prohibition, was able to murder their loved one and the system is working. The system is not working.

We need strong changes. We need to repeal Bill C-5. We need to that ensure if someone robs another with a firearm they go to jail. We need to ensure that if someone burns someone's house down or commits sexual assault, they are not serving their sentence from the comfort of their own home. We need to ensure that a repeat firearms offender serves their time in jail.

We need to make sure that when the police catch someone who has a firearms prohibition order and who has committed another firearms-related crime, like a drive-by shooting or robbery with a firearm, it is not too high a bar to meet to say that while that person is awaiting trial, for the safety of the victims, the community and our frontline police officers, they are going to be held behind bars.

That is appropriate. It is reasonable. It is what all premiers are calling for. It is what the police are calling for. It is what Canadians are calling for. Unfortunately, for three days in a row, we have asked the government, in good faith, to do something and correct the mistake it made. Will it change the bail laws so individuals, who should absolutely not be roaming our streets, committing crimes and murdering people, are held behind bars? It is crickets over there.

The Liberals said if the opposition wants to come up with something, they will consider it. They are almost victim blaming by saying the police and the provinces have a role. No, the Criminal Code is their job. We are calling on them and demanding that they do something to reform our broken Liberal bail system. They have to do it today.

Opposition Motion—Bail ReformBusiness of SupplyGovernment Orders

February 2nd, 2023 / 10:10 a.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

moved:

That, given that, after eight years of this government's soft on crime policies,

(i) violent crime has increased by 32%,

(ii) gang-related homicides have increased by 92%,

(iii) violent, repeat offenders are obtaining bail much more easily,

(iv) increasing daily acts of crime and violence are putting Canadians at risk,

(v) five Canadian police officers were killed in the line of duty in just one year,

the House call on the government to enact policies that prioritize the rights of victims and law-abiding citizens, namely:

(a) fix Canada's broken bail system by immediately repealing the elements enacted by 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, which force judges to release violent, repeat offenders onto the streets, allowing them to reoffend;

(b) strengthen Canada's bail laws so that those who are prohibited from possessing firearms and who are then accused of serious firearms offences do not easily get bail; and

(c) ensure that Canada's justice system puts the rights of law-abiding Canadians ahead of the rights of violent, repeat offenders.

Mr. Speaker, I will be splitting my time with the member for Fundy Royal.

There are two reasons we are here today talking about bail reform and violent crime.

The first reason is that Canadians across the country are growing increasingly alarmed by the violent crime wave impacting every major community and our rural communities across the country. Canadians are waking up every day to headlines of violent crime, police officers being murdered and people being murdered on public transit. That is why we are here. We hear their concerns and are here to represent them and demand change.

The second reason we are here today is to demand change from the Liberals, which have done absolutely nothing to address the violent crime surge in this country. They have taken no responsibility. They have made no commitments to Canadians that they are taking this seriously and will do anything about it. They have brought forward no new ideas on how to address the need for immediate bail reform in this country, address the violent crime surge in this country and address the repeat violent offenders who are being caught and released by police over and over again and who are wreaking havoc on our communities on a daily basis.

That is why we are here today. We want to talk about bail reform and crime for our Conservative opposition day motion, which was just outlined.

What I would say to Canadians is that it is not just in their heads that violent crime is going up. It is going up. In fact, it is up 32% in the last eight years under the Liberal Prime Minister. More than that, gang murders have almost doubled. They have gone up 92% in the eight years that the Liberal Prime Minister has been at the helm.

We have also seen, as I mentioned earlier, that police officers are being murdered on the job. There were five in the last number of months, particularly over the holidays. A young new constable in the Ontario police, Greg Pierzchala, was murdered by a violent repeat offender who was out on bail. He was shot and murdered by that man. That man also had a weapons prohibition order. He was deemed too dangerous to possess a firearm by our law system and had a long rap sheet of harming people in his community. This repeat violent offender was let out on bail, and then he murdered a young, innocent police officer over the holidays. That story, unfortunately, is becoming less and less unique in this country.

This is not just happening in Toronto. Of course, folks from Toronto will know better than I do that public transit is becoming less and less safe. In fact, increasingly, women are concerned about riding the subway because people are being murdered. There are teenagers swarming people and stabbing them to death. People are being lit on fire. People are being assaulted and pushed to the ground. We just saw a CBC reporter get assaulted and die. Four days earlier, an elderly woman had the same thing happen in Toronto. They were just walking down the street minding their own business and were murdered.

In Vancouver, the community is facing serious drug issues, with people face down in the street overdosing. It is horrible. I think everyone agrees that we need immediate action on that. We are also seeing terror inflicted on that community, on the most vulnerable communities and in Vancouver at large by a very small group of people. In fact, last year, 40 people were arrested 6,000 times. That means each of those 40 people was arrested 150 times in one calendar year. That is every two or three days, or sometimes multiple times a day. Police say they are sometimes arresting the same person committing violent acts twice in one day. Forty people were arrested 6,000 times. I think that is astounding, so I will keep repeating it. What kind of justice system do we have if 40 people can wreak havoc and commit 6,000 crimes in one year?

The bail system is broken in this country, and it is not just the Conservatives saying this. The Conservatives have been saying we need bail reform for quite some time, but it is also a non-partisan issue. It is also said by every single premier in Canada. It is all three premiers of the territories and all 10 premiers of the provinces, representing Conservatives, the NDP and Liberals. This is a non-partisan issue.

They all signed a historic letter to the Prime Minister in the last couple of weeks demanding bail reform. Do members know how difficult it is to get every region of the country to sign on to one letter and agree on a specific policy? It is pretty rare and very difficult, and they did that on their own volition. They came together, signed the letter and demanded bail reform from the Prime Minister. One would think we would have heard the Prime Minister call a press conference and say he is going to do something about this as every region in the country is concerned about it, but there were crickets. Nothing is happening on the Liberal benches.

Liberals have made no announcement and no commitment to bring in bail reform. When we have asked questions in question period, the Minister of Justice and Attorney General of Canada, the man tasked with the responsibility for the Criminal Code, says that is on police and provinces, blaming police and provinces for the issues in this country.

The minister says they are open to ideas. There is an idea right here from the premiers, every single premier in this country, in fact, and more ideas, if the Liberals would like them, from the Toronto police, the epicentre of violent crime in this country. The Toronto police penned a letter, on their own, to the Prime Minister of this country proposing three measures concerning bail. In fact, police associations across the country and municipal police forces are saying bail reform will save lives. That is what police are saying. Those are the frontline people putting their lives at risk for community safety, the ones dealing with violent repeat offenders, saying that we need bail reform and Canadian lives will be saved.

The data tells us that as well. I recently heard from Chief Myron Demkiw of the Toronto police, who said there were 44 murders by shooting in Toronto last year, 44 innocent lives taken by violent criminals using guns. Of those 44 murderers, 24 were out on bail. If our bail system was a little tougher on repeat violent offenders, 24 people would still be alive. Therefore, the data shows that the police are correct that bail reform would save lives, and yet there is nothing from the Liberal benches. They are not taking this seriously. They are taking no responsibility, and people are dying. I do not understand it. They are tasked with public safety.

The Minister of Public Safety spent the better part of January touring the country and talking to hunters about taking away the tools they use because the Liberals are getting tough on guns, as they say, gun control, on duck hunters, farmers and sport shooters. He spent considerable time and resources going to talk to hunters about taking their firearms away. Meanwhile, police officers are being murdered in Toronto. People are being murdered on the subway. Why was the public safety minister of Canada not touring our cities to talk to police about what they are facing on a daily basis? Where are the time and resources on that?

This is a Liberal government that is going to spend billions and billions of dollars going after people like me, people on these benches who have firearms legally and lawfully, who hunt and shoot with their families. That is what the Liberals are focused on. That is what all the resources are being focused on by the Liberal government when it comes to guns, for the most part. Meanwhile, people are being murdered by repeat violent offenders who continue to get bail. That falls at the feet of the Liberal government.

We can look at Bill C-75, a bail reform bill the Liberals brought forward a few years ago. When we talk to police, all those changes in policies that made it easier for repeat violent offenders to get bail are coming home to roost now. That is what we are hearing from the brave frontline police officers in this country.

We need to repeal the most harmful aspects of Bill C-75. That would be leadership from the Prime Minister: to get tough on crime, tough on the 40 people being arrested 6,000 times for violent crime in Vancouver, and ensure that we save 24 people in Toronto next year. The statistics are about the same every year in Toronto: Over half of the shooting murders are by people who are out on bail. Let us save those lives next year. That could be done in the next few months. That could be announced today by the Liberal government.

To conclude, the Conservatives have a tough-on-crime record. In fact, under Stephen Harper, in the 10 years he was Prime Minister, crime went down 26%. They brought forward 80 criminal justice bills. It was a top priority for Stephen Harper. In the eight years that the Liberal Prime Minister has been at the helm and in power in this country, violent crime reversed and went up 32%. There is a clear difference in approach to dealing with crime, and a Conservative government will be the one to save lives in Canada, get tough on crime, treat law-abiding citizens with respect, put victims' rights first and ensure that repeat violent offenders stay off our streets.

JusticeOral Questions

January 31st, 2023 / 3:05 p.m.


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Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, violent crime is rising because of the actions of this Liberal government. Under eight years of the Prime Minister, Canada has become a more dangerous place. Police are putting the blame on Liberal Bill C-75 that mandated judges to grant bail to dangerous repeat offenders with minimal conditions. The consequences of this have been fatal.

When will the Prime Minister finally take responsibility for his failure to protect Canadians and apologize to the victims of his reckless legislation?

JusticeOral Questions

January 30th, 2023 / 3 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, in a number of important cases, the bail reform that we undertook in Bill C-75 made it harder to get bail. As I have said, we are open to any good proposal from the opposition, as well as from provinces and territories.

At a conference of federal, provincial and territorial justice ministers in the fall, I committed to that long before this became a hot issue in the House of Commons. We are working with the provinces and territories to look at legitimate suggestions for bail reform.

JusticeOral Questions

January 30th, 2023 / 3 p.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Mr. Speaker, last month, the OPP's Constable Greg Pierzchala was murdered by a violent criminal out on bail. Chief Myron Demkiw of the Toronto police said that this murder was senseless and preventable and that Canada needs bail reform. Unfortunately, access to bail for violent criminals was made easier by the Liberal government's Bill C-75. Countless Canadians have been harmed by the Liberal bail system; it must be reformed.

Will the Liberal government make that commitment today?

Criminal CodePrivate Members' Business

December 5th, 2022 / 11:50 a.m.


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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, I am pleased to take this opportunity today to speak to this legislation. I would like to start by recognizing the sponsors of the bill, the Hon. Senator Ataullahjan from the other House and our member for Sherwood Park—Fort Saskatchewan, for the leadership that they have shown on this important issue. I want to thank them, and it is encouraging to see a bill brought forward that can be supported across all party lines and in both Houses. I am excited to see this legislation come to fruition.

I will begin with how we view the human body, and the dignity and worth that we assign to that human body. My faith teaches me that every human being is created in the image of God and that there is sanctity and a sacredness to human life, including the physical body. That is why, unlike so many other ancient civilizations or religions, those who follow and have followed Christianity, Judaism or Islam have historically practised burial rather than cremation. There is the belief that, even after death, the human body remains important. Christianity and even some branches of Judaism teach that the body will one day be resurrected and transformed. As such, the body is of value and must be treated with care and respect, even after death.

If the human body is viewed as important, worthy of care and dignity, and sacred even in death, how much more should it be treated as sacrosanct while the human person is alive? Even those who reject the tenets of the three Abrahamic faiths would agree that the body after death should be treated with dignity. In fact, here in Canada we have laws that relate specifically to the handling of a human body after death. Section 182 of the Criminal Code of Canada makes it a criminal offence to improperly or indecently interfere with or offer any indignity to a dead human body, and there are similar laws around the globe. Why? It is because as humans we recognize there is a sacredness to humanity, including the physical body. Again, if treated with such dignity and reverence after death, how much more so while still alive?

For those who prefer a more humanistic argument, I would point the House toward Immanuel Kant and his piece, Groundwork of the Metaphysics of Morals, in which he casts the innate dignity of every human being as a categorical imperative. If we follow Kant, we must recognize that when a human organ becomes a commodity, a monetary value is placed on that organ. By assigning a monetary value to the organ, we essentially assign a monetary value to the individual who provided it. I am quite confident that we all agree with Kant, in this aspect, that putting a price on any part of a human being violates his or her intrinsic dignity.

Moreover, the removal of organs by force, under coercion or with consent, violates another Kantian principle: that of bodily autonomy. We hear a lot about bodily autonomy. We hear very different perspectives on what that entails, but there is a near-universal belief, at least in the western democracies, that what happens in an individual's body should be the sole purview of that individual or, in the case of young children, of their parents. Sadly, there are still individuals, criminal organizations and even some governments who refuse to respect the sanctity of the body.

No country officially endorses the practice of organ trafficking, but many turn a blind eye to this dehumanizing and often dangerous practice. In some cases, individuals, often those who live in poverty, sell their organs. In others, organs are obtained without the consent of a donor. An example of this would be what is happening in China with political prisoners, particularly people of faith. Again and again we have raised the plight of the Uighurs, practitioners of Falun Gong and Christians.

There have been many petitions presented in this House to that effect, with respect to individual groups who have been persecuted by China's brutal regime. Organ harvesting of these religious minorities by China is well documented. Typically, these extractions and the transplants themselves take place outside of national medical systems, so even assuming the donor is kept alive, which is never a guarantee, there is a high risk associated with the extraction and implantation of these organs, and as such these practices violate the sanctity and dignity of the human person. Therefore, we can all agree that human life is precious, and the body and the organs therein are worthy of the protection this legislation seeks to provide.

I am pleased that we are standing up for the value of human life. I wish we would also have the courage to show a similar concern and do what the Supreme Court of Canada instructed Parliament to do three decades ago, and finally enact legal protection for the preborn child in the womb. It is time we acted.

I am in favour of the bill's crackdown on foreign nationals who have been involved in organ trafficking attempting to come to Canada. I think that is good. It is high time that we crack down on who is allowed to come to Canada and who is not. However, I think that we need to be careful to differentiate between those who have been involved as traffickers and those who the traffickers may have exploited. If an individual has been involved in trafficking proper, that is, if they have facilitated or received monetary benefit from facilitating the illegal trafficking of organs, like those who traffic in drugs or slaves, that individual should not be admissible to Canada.

As an aside, I think it is reprehensible and hypocritical that the current government, even though it is supporting the legislation, also brought forward Bill C-75, which lowered the penalties for those involved in profiting from human trafficking. It is frankly absurd, and I hope some of the members on the opposite side see the disconnect, but any foreign nationals who traffic or profit from trafficking in human organs should not be admissible to Canada.

That said, as I read this legislation, I think that there should be a clear enough differentiation between traffickers and those who have willingly donated their own organs.

I am also a bit concerned about the first part of proposed subsection 4.2, where it says, “a person who commits an act or omission outside Canada that, if committed in Canada, would be an offence under section 240.?1 is deemed to commit that act or omission in Canada”. As far as it relates to this piece of legislation, I think it is good, but I understand and I have to admit that I do struggle a little with that portion for a couple of reasons. The first is that other countries are not Canada, and every country around the globe has its own laws and legal systems. In the same way that we would expect those who come to Canada to respect our laws, we also need to be willing to respect the laws of other countries.

I know there are good counter-arguments to that point. Many of them are excellent reasonable arguments, but I think that something needs to be said where we respect other jurisdictions.

I would like to reiterate again that I am happy we are having this discussion. I would like to see that handful of concerns addressed, but overall I am pleased to be supporting this legislation. Our party is pleased to support it.

I want to again thank the member for Sherwood Park—Fort Saskatchewan and Senator Ataullahjan for their hard work on this file. I am looking forward to supporting it.

David Lametti Liberal LaSalle—Émard—Verdun, QC

I'm committed to improving the criminal justice system. This is an area that has been identified. You and others have identified it as a way to move forward.

I've committed to studying your private member's bill, and we have made a great number of investments, as I've just said, in order to help victims. Bill C-75 was also a step forward. I think you would agree in that regard. I'll continue to work in good faith with you and with others to address these kinds of questions in our criminal justice system.

David Lametti Liberal LaSalle—Émard—Verdun, QC

Well, there's Bill C-75 to a large extent, in terms of sexual offences in the area of conjugal violence and even changing the pleading balances.

We've also invested a great deal, Mr. Caputo, in services for victims of sexual assault and sexual violence. We've been investing in the kinds of organizations that help those victims on the ground. We're doing a great deal of that. We use the victims fund precisely to do that.

I can come back to you with the actual investments we've made. I have said them publicly before. There have been a great deal.

David Lametti Liberal LaSalle—Émard—Verdun, QC

Well, we're studying that. We need more facts. I had a great working relationship with Minister Eby when he was Attorney General of British Columbia, and I hope that relationship will continue now that he's taken on a new role.

It is something that we need to look at more and get.... These are very complex problems. They vary from place to place. We only recently implemented Bill C-75. I think we need to study the problem a little more carefully, but I'm certainly willing.... If Bill C-75 is part of the problem, I'm willing to work in good faith to try to identify ways to fix it.

David Lametti Liberal LaSalle—Émard—Verdun, QC

Thank you, Mr. Bachrach, for that question. You have big shoes to fill, and you're doing it ably.

Bill C-75 was an important bill with respect to bail reform. It was meant to tackle not only overrepresentation but also inefficiencies within the criminal justice system, and it was developed largely with the provinces. At the time, there was a great deal of consultation with the provinces in order to reach a number of different suggested reforms and to implement them. That implementation process is still happening.

I am sensitive to the very real concerns that I've heard from you and from others—not just in British Columbia but in other places—about the challenges associated with bail reform. We're certainly there to work with the provinces. A number of provinces, like B.C., have taken steps to try to attack the problem as you have raised it.

It's certainly not uniquely a problem with Bill C-75. To the extent that Bill C-75 and the reforms or their implementation—or perhaps their non-implementation in certain cases—might be a factor, we've engaged to look at that. We have tasked our deputy ministers, federal and provincial—we did that in Halifax—in order to get some more facts out and to get more detail on the problem. When that comes back, I'm always willing to work....

I promised this to Minister Rankin, and I extend that same promise to any provincial attorney general or minister of justice: to work with them in order to find solutions. At this stage, we're still gathering facts to understand the complexity of the problem, but I'm willing to work in good faith to try to resolve it.

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Thank you very much, Mr. Chair.

I appreciate the opportunity, Minister, to ask a couple of questions and follow up on our exchange in the House about two weeks ago concerning federal bail reform.

I'll preface my questions by saying that we absolutely support the goal of reducing the overrepresentation of indigenous, Black and racialized people in the criminal justice system. I think that's something that you know. I know that was part of the impetus for Bill C-75—which was passed into law in 2019—as was direction from the Supreme Court.

However, what we're seeing in our communities.... I represent northwest B.C. These are small communities. These aren't the big urban centres of Canada. The largest community is about 13,000 people. What we're seeing in terms of an uptick in crime, both property crime and violent crime, is very concerning to community leaders, to residents and to business owners.

In communities like Terrace, we're seeing a really troubling incident rate of a wide variety of street disorder and property crime. Businesses tell me that people are coming in off the street and are taking merchandise with, seemingly, no consequences. People don't feel safe in their own communities. I'm sure that's something that concerns you as much as it does me.

Now, when communities have gone to the provincial government and expressed their concerns—and to its credit, the provincial government has taken a number of steps; I'm sure you're familiar with these: increasing mental health resources, investing in law enforcement and such—the province has also come back to municipalities and pointed towards federal legislation as being part of the problem. Specifically, they've pointed to the need for reforms to federal bail law.

Now I know this was a message that the attorneys general delivered to you in Halifax during the meeting of federal, provincial and territorial leaders. I'm curious as to what degree you agree with the provinces' assessment of the problem. If so, what kinds of bail reforms might be possible?

Criminal CodeGovernment Orders

November 24th, 2022 / 4:05 p.m.


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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Madam Speaker, I rise today to speak to Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make other related amendments. While I have much to say on this bill, I want to briefly talk about some the failures of the Liberal government on crime in general and crime specifically.

Rural crime is a serious issue, and one that has been ignored by the Liberal government for far too long. In my area, in Haliburton County for example, incidents increased from 526 back in 2017 to 758 in 2021. Police are now trying to keep up with more people charged than in any of the previous four years.

The crime severity index, or CSI, is a measure of police-reported crime in which more serious crimes are given a higher weight in the overall measurement of all crimes. The index provides a picture of regional crime trends. In the case of Kawartha Lakes, specifically in Lindsay, the picture is not as good. Like Haliburton County, the CSI numbers for Lindsay in 2021 showed a significant increase compared to previous years. Lindsay's overall CSI was 93.1 last year, which is a jump of more than 20% over 2020, and is significantly higher than the country's CSI of 73.7 and nearly double the province's CSI of 56.21 for the same period.

Kawartha Lakes Police Service Chief Mark Mitchell described the increase as “death by 1,000 cuts”, referring to the lack of murders but an overall increase in other non-violent crimes. He further added, “Our calls for service were up 20% in 2021, our criminal charges were up 25%, break and enters, frauds were all significantly higher, and our theft charges were up 80% compared to the year before and the current year.”

I have spoken with residents who are afraid to walk in their community. They are afraid to basically be inside their own homes. They are frustrated and angry. These concerns came to a boiling point about a year ago at a community meeting I attended that was hosted by the Kawartha Lakes Police Service.

At the meeting, residents learned that the Ross Memorial Hospital's mental health program had already received roughly 1,700 referrals just this year. Concerns were raised about the impact the Central East Correctional Centre is having on the community. The John Howard Society noted the challenge given the number of those who have come to the area to support the incarcerated and those who are released into the community on their own recognizance, bail or after completing their sentence.

The Kawartha Lakes Police Service is doing everything it can, but the government is sadly making its job harder. While it was distressing to hear the first-hand stories shared by many in attendance, it was evident to me that Canada's justice system has failed those law-abiding citizens. Lindsay resident Al Hussey raised concerns about the victims of crime, asking, “When does the support start flowing to us?” He was speaking of the victims of crime such as the residents living next to known drug houses, the business and property owners who are being robbed and the people who are afraid to walk near certain areas of town.

It is true a small number of people are creating a disproportionate amount of work for our law enforcement agencies, the court system, social services and not-for-profit organizations. However, those who continually refuse help and continue to reoffend should not be repeatedly returned to the streets in a revolving door justice system.

A big part of this is linked to the passage of Bill C-75. In 2017, the Liberal government's legislation watered down penalties for over 100 serious crimes, including the use of date rape drugs, human trafficking and impaired driving causing bodily harm. Sadly, the government severely underestimated the heartbreaking impact this decision would have on individuals, communities and families. It is unacceptable that taxpayers are once again being forced to pay more while at the same time receiving a lower quality of life.

Police officers I speak with say that Bill C-75 is the root of much of the issue regarding the catch and release bail concepts through the ladder principle, a principle that instructs justice system actors to release the accused at the earliest opportunity under the least restrictive conditions.

I firmly believe that serious crimes deserve serious penalties. Most importantly, the law should always put the rights of victims and law-abiding citizens above dangerous or reoffending criminals.

It is clear that Bill C-75 has hurt our community. To that end, I recognize that federal lawmakers must make bold changes to our criminal justice system. New methods, such as restorative justice, should be expanded, especially for those who show a desire to be rehabilitated and released as productive members of our society.

This brings me to Bill S-4. It may come as no surprise to anyone listening that the first thing I looked at was how much this bill would impact crime in the communities I represent and how it would impact those victims of crimes. The impetus for this bill is born from the increasing backlog facing the court system here in Canada. I believe we all have stories about that.

The judicial system has been facing a series of delays in cases proceeding to trial, which has been exacerbated by COVID. This is not lost on us here in the official opposition. We have continuously raised concerns about the delays and the potential for criminals to walk free due to the Supreme Court's Jordan decision, which said that no more than 18 months can pass between laying a charge and the end of the trial case in provincial courts or 30 months for cases in superior courts. We have raised our concerns in the House and in the media.

It was the Conservatives who called for a study into the impacts of COVID–19 on the judicial system at the Standing Committee on Justice and Human Rights. Now Bill S-4 hopes to alleviate this backlog through several initiatives. It will amend the process for peace officers to obtain warrants without appearing in person, will expand the provisions to fingerprint the accused later should fingerprints not previously have been taken at the time of arrest, and will allow the courts to deal with administrative matters for accused persons not represented by lawyers.

Of these provisions I have no issue. Anything to move the process along that does not diminish the rights of the accused persons or victims or brings the justice system into disrepute is a good thing. I expect that these initiatives will be thoroughly examined at committee and perhaps even acted on.

However, I do have concerns, perhaps cautions is a better word, with the remaining provisions in the legislation, particularly around the expansion of the accused's ability to appear remotely by audio or video conference and to allow the participation of prospective jurors in the jury selection process by video conference. I would caution the members at committee to pay particular attention to the rights of victims and those citizens who are doing their duty as jurors.

We must ensure that the anonymity of jurors is protected. Technology has come a long way and the risk that recognition software might compromise jurors and risk the integrity of the trial is a real concern.

We must also take into consideration the impact of the expansion of telecommunication options, particularly when allowing accused persons to call in using a phone, which may impact the healing process for victims and their families. The bill will permit an offender to appear remotely for sentencing purposes. This measure would require the consent of the criminal prosecutor. The court would also weigh the rights of the offender to have a fair public hearing.

Nowhere is the victim asked or required to consent to the offender being allowed to call in for his or her sentence. The balance of rights in the court process is already heavily weighted in favour of the accused and I am afraid that Bill S-4 tips the scale even further.

That reminds me of another failure of the Liberal government, which is the delay in the filling of long vacancies, such as the federal ombudsman for victims of crime. Without that person in place, Bill S-4 will not be critically analyzed by a key advocate for victims to advise on how the bill will impact victims of crime.

Conservatives remain steadfast in our commitment to victims of crime and will ensure that legislation like Bill S-4 helps victims and their families in their pursuit of justice. We will stand up for law-abiding Canadians to ensure communities remain safe places to live and that delays in the court process do not allow criminals to walk free.

With that, I look forward to questions from my colleagues.

Criminal CodeGovernment Orders

November 24th, 2022 / 3:40 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, it is wonderful to be here this afternoon and rise to speak on Bill S-4, a bill that demonstrates co-operation on a jurisdictional basis with the provinces, and a bill that moves our justice system forward so Canadians know our justice system is accessible, efficient and effective, and provides true access to justice for all Canadians from coast to coast to coast. It is with much pleasure that I rise to speak to the bill.

I am pleased to be here and to have the opportunity to provide an overview of some of the key areas of reform proposed in Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts.

Informed by federal, provincial and territorial dialogue and key stakeholder input, the proposed amendments are intended to mitigate the impact of court delays on accused persons and on victims by supporting the efficient and effective operation of the criminal courts during and in the aftermath of the pandemic. They are designed to enhance the courts' ability to ensure that their operations respect both public health concerns for all participants in the criminal justice system and the charter rights of accused persons to be tried within a reasonable time in order to maintain public confidence in our justice system.

The proposed amendments are based on the following criteria: One, they were critical to increasing the efficiency of the criminal justice system during the conditions of the pandemic; two, they address the current impediments to efficiency in the Criminal Code; three, they would have little or no prejudicial impact on accused persons; four, they are likely to receive broad-based parliamentary support; and five, they would result in amendments to the Criminal Code that would continue to provide efficiencies post pandemic.

The pandemic significantly impacted the operation of the criminal courts in Canada, as we all know, with courts either temporarily closing or severely restricting their operations due to public health orders. Furthermore, the pandemic exposed weaknesses in our criminal court system that can be fixed by providing remote access to proceedings under special circumstances. Bill S-4 would go beyond correcting for issues discovered during the pandemic and would make the justice process in Canada more efficient and accessible.

Bill S-4 addresses issues that the COVID-19 pandemic has brought to light regarding the ways in which criminal trials are conducted in this country. It also builds on past government initiatives, including Bill C-75 from a previous Parliament, which came into force in 2019 and made significant progress in modernizing our criminal justice system, including by facilitating the appearance of accused persons, lawyers and judges by audio or video conference throughout the criminal justice process.

Criminal justice is an area of shared jurisdiction, and co-operation with provincial and territorial partners is key. Parliament has exclusive authority to enact criminal law, including criminal procedure. Provinces and territories have jurisdiction over the administration of justice, including criminal courts.

While the courts and criminal justice professionals are, for the most part, managing to maintain essential services in the criminal justice process during the pandemic, accused persons, offenders, victims and witnesses are nonetheless being impacted by delays.

While many challenges facing the criminal courts have been operational in nature, some have arisen due to legislative impediments in the Criminal Code. Consequently, the pandemic has revealed the need for a number of amendments to the Criminal Code to provide clarity to the courts on issues that have arisen and to make the criminal process more efficient and effective by expanding the permissible use of technology during the pandemic, for the recuperation period and beyond. These proposed reforms are for the benefit of all participants in the criminal justice system.

Bill S-4 would modernize our criminal justice system by employing video conference and audio conference technology to accommodate for pandemic-era challenges, and it would equip our courts to handle similar challenges that may arise in the future. Furthermore, we would improve all Canadians' access to justice.

The bill would not change the principle that all persons involved in the criminal justice process must physically appear in person unless otherwise authorized under the Criminal Code. Courts will still have discretion in this area. However, this bill would ensure that the judicial process is not unduly stalled, by permitting remote conference options under extenuating circumstances.

Canadians deserve a justice system that is accessible, efficient and effective, and that provides true access to justice for all. The pandemic has taught us that technology can help make the justice system work better for all people who come in contact with it. Bill S-4 proposes a range of reforms that will make court proceedings more flexible while protecting the rights of all participants.

The reforms proposed in Bill S-4 flow from the important work of the Action Committee on Court Operations in Response to COVID-19, co-chaired by the Minister of Justice and Chief Justice Richard Wagner. They are also informed by important contributions from the provinces and territories, as well as other justice system stakeholders. With Bill S-4, we have the opportunity to improve our justice system by making those good ideas permanent.

Since March 2020, the Minister of Justice and Attorney General of Canada has engaged regularly on the impacts of the pandemic on criminal courts with provincial and territorial ministers responsible for justice and public safety. The proposed amendments take into consideration input received from provinces, territories and other key stakeholders.

In addition, the Minister of Justice and Attorney General of Canada has continued to be kept apprised of the challenges faced by courts across Canada in his role as co-chair of the Action Committee on Court Operations in Response to COVID-19. These discussions have all informed the proposed changes introduced in the bill.

A more efficient justice system will benefit all Canadians. I ask that all members of this House support the quick passage of the bill. I believe Bill S-4 helps transform and modernize our criminal justice system while ensuring respect for all persons involved in the criminal court process, including accused persons and prospective jurors.

I am confident Bill S-4 and the proposed reforms will improve our criminal justice system while facilitating careful oversight by the courts to ensure that the rights of accused persons and offenders are protected.

The gist of this bill, its main purpose, is that Canadians deserve a justice system that is accessible, efficient and effective, and that provides access to justice for all. I thank everyone for allowing me the time to speak on a very important bill for all Canadians.

Criminal CodeGovernment Orders

November 24th, 2022 / 1:55 p.m.


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Bloc

Christine Normandin Bloc Saint-Jean, QC

Mr. Speaker, the bill does not cover everything. That is another complaint from the Barreau du Québec: There should be an in-depth review of the criminal and penal system, rather than doing it bit by bit.

In the previous Parliament, the House considered Bill C‑23, which is a previous incarnation. Before that, there were bills C‑75 and C‑5. The Criminal Code is always reviewed piecemeal, turning it into a massive, inscrutable tome with sections that refer three sections ahead and eight sections back and a bunch of case law to help understand what is going on. It is impossible to make heads or tails of.

I agree wholeheartedly with the idea of a more comprehensive review of the Criminal Code. On the issue of connectivity, yes, adding more telecommunications may be a good idea, but it will not apply everywhere, unfortunately.

As for legal aid, even though it is not under federal jurisdiction, I think there is always room for discussion, because there are disparities between the provinces.

Criminal CodeGovernment Orders

November 24th, 2022 / 1:05 p.m.


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Liberal

Jenica Atwin Liberal Fredericton, NB

Madam Speaker, I will be sharing my time with the member for Edmonton Strathcona.

I am pleased today to have an opportunity to speak to Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts on the COVID-19 response and other measures. This bill would increase our justice system's efficiency and ensure that all Canadians have equal access.

The COVID-19 pandemic altered our everyday lives, including necessitating new ways of accessing the criminal justice system. The solutions invented to accommodate our circumstances proved efficient and should be used going forward to optimize the ways in which criminal trials are conducted in Canada. This bill's proposed amendments support the increased use of technology in criminal courts across Canada. This has a variety of applications, such as the use of technology in the jury selection process, remote participation of prospective jurors and remote appearances for accused persons and offenders.

I want to focus first on the amendments relating to the jury selection process. The amendments would enable a court to allow or require prospective jurors to participate by video conference so long as the court considers it appropriate and the accused person and Crown prosecutor consent to the jury selection process occurring this way. When a court allows prospective jurors to participate by video conference, it will be an individual's choice whether they want to participate in person or remotely.

Importantly, Bill S-4 accompanies the government's efforts to increase remote Internet access across our country and close the digital divide. However, while we work toward efficient Canada-wide Internet access, there are measures in place to help individuals who may not have optimal connection. When the court requires prospective jurors to participate in the jury selection process by video conference, it would need to approve a location equipped with the technological infrastructure for them to participate by those means, such as a community centre or courtroom set up with the requisite equipment.

If the court does not approve such a location, it will only be able to permit prospective jurors to participate by video conference from other locations, such their homes or offices, if they choose to participate that way. However, in this case, the court would also need to provide the option for prospective jurors to participate in the jury selection process in person.

These amendments would help our jury system represent the face of Canada. Increased representativeness would be ensured by first reducing the barrier of attending in person. Prospective jurors living in rural or remote areas would enjoy minimized travel time and costs, and those who need to find child care or who hold precarious employment would experience reduced time required to find alternative child care or time needed off work. It would also reduce emissions, I will add.

Second, the changes would ensure that persons who do not have access to adequate video conferencing technology, or who have limited understanding of the technology itself, would continue to be able to participate in the jury selection process and ultimately form part of the trial jury. These are critical measures to bridge discrepancies in Internet access while we work to shore up connection across Canada, including in my home province of New Brunswick.

In addition to improving the Criminal Code regime governing the use of technology, other reforms in this bill would improve access to justice and efficiencies in our criminal courts. For example, Bill S-4 would expand the power of courts to make case management rules to allow court personnel to deal directly with unrepresented accused persons on administrative matters for out-of-court proceedings. Currently this is only permitted if the accused person is represented by counsel. This may represent a relatively small change to the Criminal Code, but I believe it would go a long way to improving access to justice for unrepresented accused persons.

It is very important to note that these uses of technology are optional and subject to the judge's discretion, as opposed to being mandatory. I want to stress this point. These measures would assist courts in continuing to deliver justice in an effective and efficient way. The proposed reforms would also better equip courts with the tools to keep things moving during challenging times, because of a pandemic, a flood or any other situation that could hinder physical access to the courts in the future. While these reforms may be relied on in a more significant way in managing exceptional and emergency circumstances, they would not be limited to such circumstances. They would apply on a permanent basis to ensure that the options to use technology continue to be available to our courts for years to come.

Another important element of increased efficiency in this bill pertains to digital fingerprinting. Bill S-4 would amend the Criminal Code to allow a court to issue a summons for fingerprinting if an accused was previously required to appear but such identification was not completed for exceptional reasons. In addition, courts would be able to make an order for the fingerprinting of an accused person being released on bail. These reforms would facilitate the efficient collection of fingerprints, which is critical for the smooth functioning of our court system. When courts operate efficiently, more Canadians access justice and our country is better off.

The expanded telewarrant system is also critical. Expanding the possibility of obtaining a greater number of search warrants and other judicial authorizations by means of telecommunication would contribute to efficiency gains in the criminal justice system by reducing the need for in-person attendance and physical delivery of search warrant applications by law enforcement. Indeed courts have found that seeing a complainant or witness face to face is not fundamental to our system of justice, and the Criminal Code has permitted remote attendance by witnesses for more than 20 years.

Subsection 800(2.1) has, since 1997, authorized summary conviction trials by video for accused persons in custody. Sections 714.1 and 714.2 have permitted appearances by witnesses by video conference since 1999.

Bill C-75, which was passed by the House in 2019, modernized and facilitated some appearances by audio or video conferences of all persons involved in criminal cases, including judges, under certain circumstances.

Rather than overhauling criminal procedure, Bill S-4 continues to permit proceedings by remote appearance. This bill picks up where Bill C-75 left off, in light of the experience gained and the questions that arose with the use of technology in the criminal courts during the pandemic.

I would like to personalize this for a bit, if I may. Before I joined the House, my work was centred on supporting youth at risk in the education system. From time to time, students would find themselves interacting with the justice system. I had the opportunity to help them navigate these public institutions, understand their rights, and when the circumstances permitted, to also pursue justice. I remember a particularly frustrating time in which unnecessary delays prolonged the personal suffering of a survivor of sexual assault, adding to their trauma. I remember the anger and frustration this evoked and the feelings of helplessness for all involved.

Canadians deserve a justice system that is accessible, efficient and effective, and that provides true access to justice for all. The pandemic has taught us that technology can be used to help make the justice system work better for all people who come in contact with it. Bill S-4 proposes a range of reforms that will make court proceedings more flexible while protecting the rights of participants.

The reforms proposed in Bill S-4 flow from the important work of the action committee on court operations in response to COVID–19, co-chaired by the Minister of Justice and Chief Justice Richard Wagner. They are also informed by important contributions from the provinces and territories, as well as other justice system stakeholders. With Bill S-4, we have the opportunity to improve our justice system by making those good ideas permanent.

Bill S-4 is an example of how we can improve the legal system, but there are other ways we can also discuss pushing things forward. I would like to mention restorative justice, which is an approach that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about it and address their needs in the aftermath of a crime.

It will invest in programs for first nations and indigenous courts as well, creating more pathways for healing by including indigenous knowledge and traditions, restorative justice practices and elders in the court process.

It will reform how sexual assault cases are prosecuted in Canada through a feminist equality lens.

It will ensure that everyone, regardless of income level, should be able to use the remedies that Canadian laws and the Canadian legal system provide.

It focuses on a system truly built on preventing youth crime by addressing its underlying causes, responding to the needs of young persons, and providing guidance and support.

Without continuing our work on multiple fronts, we cannot claim that there will be true justice for anyone who is involved in legal proceedings. Bill S-4 is part of the solution, and we need to continue to build on it to restore confidence in our legal system.

In 2022, the national justice survey revealed that 49% of Canadians are not confident the Canadian criminal justice system is fair to all people, and that 39% think it is not accessible to all. These numbers are incredibly alarming, and Bill S-4 is a step in the right direction.

In conclusion, Bill S-4's measures are both practical and necessary. They would assist the provinces and territories, which are responsible for the criminal administration of justice, by giving criminal courts additional tools to tackle delays. They would also benefit everyday court users. For these reasons, I urge everyone in the House to support Bill S-4.

Criminal CodeGovernment Orders

November 24th, 2022 / noon


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Windsor—Tecumseh Ontario

Liberal

Irek Kusmierczyk LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, I will be sharing my time today with the member for Outremont.

I am pleased to speak to Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts. Bill S-4 addresses issues that the COVID–19 pandemic has brought to light regarding the ways in which criminal trials are conducted in this country. It also builds on past government initiatives, including Bill C-75, which came into force in 2019 and made significant progress in modernizing our criminal justice system, including by facilitating the appearance of accused persons, lawyers and judges by audioconference or video conference throughout the criminal justice process. Bill C-75 also enacted Criminal Code amendments to improve the jury selection process.

Bill S-4's amendments support the increased use of technology in criminal courts across Canada, including in the following areas: remote appearances for accused persons and offenders, remote participation of prospective jurors and the use of technology in a jury selection process. My remarks today will focus on the amendments relating to the use of technology during the jury selection process.

As many members know, a jury is a group of randomly selected citizens who act as the fact-finders in criminal trials, replacing the judge in this role when accused persons exercise their subsection 11(f) charter right to a jury trial after being charged with certain offences. It is the civic duty of all Canadians over the age of 18 to serve on a jury if selected. Jurors make critical contributions to the criminal justice system in Canada, and the Supreme Court of Canada has held that a jury reflects the common sense, values and conscience of the community.

Subsection 11(d) of the charter also guarantees an accused person an independent, impartial and representative jury. The Criminal Code sets out the procedural rules regulating jury trials and jury selection and includes safeguards that reflect this charter right.

The jury selection process is a hearing held for the purposes of selecting qualified members to form the jury. Typically, persons referred to as prospective jurors are identified and summoned in accordance with provincial or territorial laws, and directed to attend at a specified courthouse or other location at a specified date and time in order to partake in a jury selection process. Being summoned for jury duty does not necessarily mean that a person will be asked to serve on the jury. However, compliance with the summons is mandatory, and people may only be excused from jury duty for certain reasons, including where it would cause personal hardship for them to serve.

The COVID–19 pandemic and public health requirements for physical distancing posed significant challenges for the jury selection process since it sometimes involves several hundred people being physically present in the same location at the same time. Bill S-4's amendments provide courts with the flexibility to hold jury selection processes with prospective jurors appearing by video conference rather than in person. These amendments aim to not only address the challenges caused by the pandemic, but also optimize the jury selection process beyond the pandemic and moving forward.

Importantly, a key aspect of Bill S-4 will be increased efficiency of the justice system, facilitated by the use of technology. The amendments enable a court to allow or require prospective jurors to participate by video conference so long as the court considers it appropriate and the accused person and Crown prosecutor consent to the jury selection process occurring this way.

Where a court allows a prospective juror to participate by video conference, it would be that individual's choice whether they want to participate in person or remotely. Where the court requires prospective jurors to participate in a jury selection process by video conference, it will need to approve a location that is equipped with the technological infrastructure for them to participate by those means, such as a community centre or a courtroom set up with the requisite equipment.

If the court does not approve such a location, it will only be able to permit prospective jurors to participate by video conference from another location, such their home or office, if they choose to participate that way. However, in this case, the court will also need to provide the option for prospective jurors to participate in the jury selection process in person.

These amendments aim to maintain the representativeness of the jury selection process in two ways.

First, they facilitate the participation of persons in the jury selection process by reducing the burdens and barriers of attending in person. Although participating by video conference from home or the office would not eliminate the need to take time off work, it would likely lessen the time commitment required compared to commuting to the courthouse and waiting sometimes several hours for the process to commence. This can facilitate the participation of prospective jurors living in rural or remote areas by minimizing travel time and costs, and help those who need to find child care or who hold precarious employment by reducing the time required for child care or the time they need to take off work. These changes would both reduce the burden for individual jurors and enhance the efficiency of the overall system.

Second, the changes would ensure that persons who do not have access to adequate video conferencing technology or who have a limited understanding of the technology will continue to be able to participate in the jury selection process and ultimately form part of the trial's jury.

Our government recognizes that there is a digital divide in Canada and that many Canadians, particularly those in rural and remote areas, do not have adequate access to a high-speed and stable Internet connection. Although the government is committed to closing the divide, the amendments would ensure that at least a properly equipped location or an option to appear in person will always be available to prospective jurors to ensure participation by as many Canadians as possible.

The bill's amendments to the jury selection process also include important safeguards. As mentioned previously, prior to permitting or acquiring prospective jurors to participate by video conference, both the accused person and the prosecutor will need to consent to such an order being made. Also, the court will need to determine that making such an order is appropriate by considering listed factors, including the challenges related to the in-person participation of prospective jurors, their privacy and security, and the accused person's right to a fair and public hearing.

I would also like to take a moment to touch on the related proposals that would permit the use of electronic or automated means to randomly select prospective jurors during the jury selection process. The current process is both time- and resource-intensive, as it requires a large number of physical cards with juror identification information on them to be manually created for each prospective juror and then manually drawn as well. This amendment would provide courts with the option of a more efficient and less resource-draining process. Along with the amendments previously discussed, it also aims to optimize the jury selection process beyond the COVID-19 pandemic.

I believe this bill helps transform and modernize our criminal justice system while ensuring respect for all persons involved in the criminal court process, including accused persons and prospective jurors. A more efficient justice system will benefit all Canadians, and I ask that all members of the House support the passage of this bill as quickly as possible.

Criminal CodeGovernment Orders

November 24th, 2022 / 11:10 a.m.


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Liberal

Ken McDonald Liberal Avalon, NL

Madam Speaker, it is always a pleasure to stand in this place to represent the constituents of Avalon. I am pleased to have the opportunity to provide an overview of some of the key areas of reform proposed in Bill S-4, an act that would amend the Criminal Code and the Identification of Criminals Act and make related amendments to other acts.

Bill S-4 would increase the efficiency and effectiveness of criminal proceedings by giving courts more flexibility and clarity in response to the particular challenges that arose in the pandemic. When the COVID-19 pandemic began, the remote appearance provisions in the Criminal Code had just been reformed through a former bill, Bill C-75, in 2019. Those amendments had been informed by the 2013 report of the Steering Committee on Justice Efficiencies and Access to the Justice System, entitled “Report on the Use of Technology in the Criminal Justice System”, as well as consultations with provincial and territorial governments.

Bill S-4 continues to build on those reforms, taking into account new calls for reform by those working in the criminal justice system during the pandemic and courts' experiences with the increased use of technology that occurred as a result.

My remarks today will focus on the necessity of the proposed amendments relating to remote proceedings, which represent a continuation of existing legal practices here in Canada.

Prior to the COVID-19 pandemic, criminal court proceedings were presumptively held in person. Remote appearances were permitted under the Criminal Code but were very much the exception. There were provisions in the Criminal Code to allow people to attend some proceedings by way of audio or visual connection, but since they were not routinely used, legal clarification or guidance was needed.

The pandemic had an abrupt and immediate effect on the operation of courts, as courts across Canada shut down for periods of time and had to figure out how to operate without in-person attendance or with very limited in-person attendance. To cope with the pandemic and maintain the administration of justice, including maintaining access to the courts, courts around the country pivoted away from in-person appearances and held numerous hearings and matters in a virtual space.

The COVID-19 pandemic forced changes to how courts operate. Unrestricted in-person appearances were no longer permitted, and initially courts were forced to adjourn the majority of appearances, ranging from pleas to trials. This created a backlog of cases in the court system that still needed to be heard, regardless of the circumstances of the pandemic. In many cases, having participants appear by video conference when possible allowed court operations to resume.

However, even with courts adapting and modernizing to address the challenges they faced during the pandemic, many remain unable to operate at their prepandemic capacity. Indeed, the median length of time for an adult case to resolve in criminal court increased when compared with prepandemic levels. Further complicating matters was the fact that the number of adult criminal court cases that exceeded the presumptive time limits set out by the Supreme Court of Canada in Jordan had increased significantly since the onset of the pandemic.

Bill S-4 targets changes to the Criminal Code that would give courts increased flexibility in how they hold criminal proceedings and how they issue orders such as search warrants and production orders in the context of an investigation. These changes are needed to address the ongoing pressures on the criminal court system brought to light by the COVID-19 pandemic and enhance access to justice for all Canadians, now and in the future. A key impact of these provisions would be a more efficient justice system that is equipped to serve Canadians and address the backlog of cases caused by the pandemic.

Allowing and continuing remote appearances is not just about responding to the COVID-19 pandemic. Remote appearances would provide greater flexibility for courts to continue proceedings when it is not possible to do so in person for other reasons, such as natural disasters. During its study of the bill, the Standing Senate Committee on Legal and Constitutional Affairs heard witness testimony about the closure of the Calgary courthouse during the floods of 2013. Due to the natural disaster, the court was forced to close proceedings for a period of time. Matters could not be heard and were adjourned.

The changes proposed in Bill S-4 make clear that certain proceedings can move ahead by audio or visual conference, even when in-person attendance is not possible or safe, allowing courts to operate as efficiently as possible in the interest of all participants in the criminal justice system.

While there has been acceptance of proceedings occurring by way of audio or video conference, the reforms included in Bill S-4 do not seek to make this the norm or default. Indeed, as before, the principle set out in the Criminal Code will continue to be: “Except as otherwise provided... a person who appears at, participates in or presides at a proceeding shall do so in person.” This principle would not change. Rather than upending the legal system, the bill would continue to allow the flexibility of proceedings in a manner that makes sense in the circumstances, with appropriate safeguards built in.

When considering whether to authorize remote proceedings, courts will be obligated to consider the impact on the safety of the participants, while supporting greater access to justice moving forward, including for those living in remote communities. Courts would also be required to ensure that decisions to authorize remote appearances are exercised in accordance with the charter, including the right of an accused person to make full answer and defence, and to have a fair and public hearing.

While Bill S-4 would clarify and expand when remote appearances are possible, it would not be the first to introduce these concepts into the Criminal Code. At committee, there were some concerns expressed over a judge's ability to assess the credibility of witnesses and accused persons during remote proceedings, as well as the importance of protecting an accused person's ability to face their accuser.

While these are important considerations the court must turn its mind to in each case, they are not unique to the provisions Bill S-4 would amend. Indeed, courts have found that seeing a complainant or witness face to face is not fundamental to our system of justice, and the Criminal Code has permitted remote attendance by witnesses for more than 20 years.

Subsection 800(2.1) has authorized summary conviction trials by video for in-custody accused since 1997. Sections 714.1 and 714.2 have permitted appearances by witnesses by video conference since 1999. Bill C-75, which was passed by this House in 2019, modernized and facilitated some appearances by audio and video conference of all persons involved in criminal cases, including judges, under certain circumstances.

Rather than overhauling criminal procedure, Bill S-4 would continue to permit proceedings by remote appearance. The bill would pick up where Bill C-75 left off, in light of the experience that was gained and the questions that arose with use of technology in the criminal courts during the pandemic. Bill S-4 would make practical and necessary amendments to the Criminal Code. These amendments would facilitate efficient operation of the criminal courts and have a direct impact on people who need or want to access the criminal justice system. The bill is not intended to make remote trials and hearings the norm, but rather would give the courts the flexibility to proceed in this manner when it is appropriate under the circumstances and where the technology exists.

These are limited but necessary reforms that have been developed in consultation with the provinces and territories and take into consideration the views of stakeholders. I am confident the bill and the proposed reforms would improve efficiencies in our criminal justice system while still providing careful oversight by the courts to ensure that the rights of accused persons and offenders are protected with the use of technology.

For these reasons, I urge all members to support Bill S-4.

Criminal CodeGovernment Orders

November 24th, 2022 / 11:05 a.m.


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Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, I will repeat a question that seemed important to the Quebec bar association, which made a few recommendations concerning Bill S-4. Some of them were accepted, which is good.

In the House, we studied Bill C-75 to amend the Criminal Code and the Youth Criminal Justice Act. We also studied Bill C-5 to amend the Criminal Code and the Controlled Drugs and Substances Act. Now we are studying Bill S-4, and the Quebec bar association made what we think is a very wise recommendation about this bill. Rather than make changes piecemeal, would it not be time for an overall reform that includes all of these changes? It is a question of consistency.

Does my colleague agree?

Criminal CodeGovernment Orders

November 23rd, 2022 / 4:15 p.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, it is a pleasure for me to speak today to Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts, COVID-19 response and other measures.

I will begin by acknowledging that we are gathered here on the traditional, unceded lands of the Algonquin people.

Since the beginning of the pandemic, the criminal justice system, like many institutions in our country, faced significant and unprecedented challenges in continuing its operations while respecting the necessary public health and safety requirements imposed by all jurisdictions. The criminal courts and court users adopted quickly and admirably to the realities of the pandemic, finding innovative ways to provide essential justice services to the public safely and effectively.

Bill S-4 would reform the Criminal Code and other related legislation to respond to some of the practical challenges identified during or exacerbated by the pandemic. These reforms would modernize and enhance the flexibility and efficiency of the criminal justice system moving forward.

Members might be wondering whether the changes proposed in Bill S-4 are still needed, given we are now well into living with COVID-19, and the fact that the courts have adapted their practices during this period. These changes remain critically important and will help address the ongoing pressures on the criminal courts brought by the COVID-19 pandemic, including the backlog of cases.

I would note that this bill is the product of significant consultations with the provinces and is supported by provincial premiers of all stripes. I understand that last month, at the federal, provincial, territorial meeting of ministers of justice and public safety, all justice ministers reiterated their support for seeing this legislation advance to help improve court operations in their provinces and territories.

The pandemic seriously affected court operations, and we have heard from lawyers and judges alike that changes are needed so that the court system does not fall further behind. Canadians need to have confidence in our justice system, and a court system that does not keep up with the times will not provide that confidence. For instance, virtual hearings and remote services have been an important aspect of ensuring access to justice for court users while coping with pandemic-related issues. This bill would enhance and clarify rules on the use of technological means in the criminal justice system.

Before I delve into the details of Bill S-4, I would like to thank hon. Senator Pierre Dalphond for his sponsorship of the bill and leadership in working with all senators in the other place to get this bill to us.

I would also like to acknowledge the diligent work of the Senate Standing Committee on Legal and Constitutional Affairs in studying Bill S-4 and thank those witnesses who shared their views on the bill. The committee's study and consideration of witness testimony resulted in two amendments to this bill, new clauses 78.1 and 78.2, which would mandate reviews of the use of remote proceedings in criminal justice matters.

I will now turn to the changes in the bill and explain how they would address issues identified during the pandemic and seek to ensure greater efficiencies and access to justice for accused persons, victims and other criminal justice system participants.

The bill would, one, enhance and clarify the rules for remote appearances in criminal proceedings; two, revise the telewarrant process so that a wider variety of search warrants and other investigative orders may be obtained by means of telecommunication; three, allow fingerprinting of accused persons or offenders to occur at a later time than what is currently permitted and; four, improve judicial case management rules.

On remote appearances, Bill S-4 builds upon a former bill, Bill C-75, which introduced a new general part on remote appearances in the Criminal Code, which is part XXII.01, and expanded the availability of remote appearances for accused persons, participants and judges. Notably, those amendments were developed in a prepandemic era and did not anticipate the exponential reliance on technological solutions that followed.

This bill would expand and clarify the process allowing accused persons to appear by video conference during preliminary inquiries and trials, for both summary and indictable offences, even when witness evidence is being heard, except in circumstances where evidence is before a jury. The bill would also expressly enable an accused person to appear remotely when making a plea, either by video or audio conference, depending on the circumstances. Further, the bill would clearly permit an offender to appear remotely for sentencing purposes.

The new measures addressing remote appearances include a consent requirement, so an accused person or offender and the Crown prosecutor would need to give their consent to appear in this way. In addition, all decisions to proceed virtually would be at the discretion of the court based on a number of factors the court would be required to consider. For example, courts would need to consider the right of accused persons or offenders to a fair and public hearing and the suitability of the location from which they would be appearing before allowing it.

I would also emphasize that the bill does not make virtual court hearings mandatory or change the general principle that all those who participate in criminal proceedings must physically be present in court unless otherwise authorized. Bill S-4 does not seek to replace in-person proceedings, which remain important, but instead offers alternative ways of proceeding where the technological means exist and when considered appropriate.

Bill S-4 would also enact clear safeguards to virtual appearances, some of which I have mentioned, such as ensuring judicial approval and consent of all the parties. In addition, the bill would require that accused persons or offenders who are represented by counsel and appearing remotely are given the opportunity to consult privately with their counsel. Moreover, courts need to be satisfied that an accused person or offender who does not have access to legal advice would be able to understand the proceedings and that any decisions made by them during the proceedings will be voluntary.

Given that the jury selection process can involve hundreds of people summoned to appear at the same location, many jury selections for criminal trials were postponed or delayed during the pandemic. Some jurisdictions are concerned about the delays in conducting jury trials. Bill S-4 would give courts the option to hold a jury selection process by video when both parties consent and appropriate safeguards are in place, such as ensuring the courts approve the use of a location where the technological infrastructure would be available for prospective jurists to participate in the process.

Since May 2020, the Minister of Justice has been co-chairing the Action Committee on Court Operations in Response to COVID‑19 with the Chief Justice of the Supreme Court of Canada, the Right Hon. Richard Wagner.

The minister shared with me that, in this capacity, he has continued to learn how the pandemic has affected court operations, as well as exacerbated pre-existing issues, such as the growing backlog of cases and access to justice challenges. We are confident that Bill S-4 would contribute to efforts to address these issues by facilitating an increased use of technology in the criminal justice system.

I am aware that, during the Senate committee study of Bill S-4, some witnesses expressed concern about the lack of technological capabilities in courthouses and correctional facilities and the inability of persons who may be vulnerable or disadvantaged to access technology, either entirely or in a private manner. I acknowledge these concerns, and the government is committed to addressing them.

Indeed, the government has made a commitment to bring our court system into the 21st century and to work with the provinces and territories in doing so. In the 2020-21 economic statement, the government announced approximately $40 million in technology investments for courts across Canada. The government has also committed to connect 98% of Canadians by 2026, and 100% by 2030.

I am equally aware that many witnesses who appeared before the Senate committee on Bill S-4 voiced their support for the reforms and considered the increased use of technology by courts and participants as beneficial and a tremendous opportunity for access to justice.

In sum, Bill S-4 strikes an appropriate balance by not making remote appearances mandatory, but rather by enabling courts to hold proceedings in a flexible way, and provide for the consent of both parties and judicial discretion. It would also ensure the consideration of the technological resources available to the courts and users. Bill S-4 would also help ensure that virtual court proceedings are held in a manner that respects the charter rights of accused persons and offenders.

I would now like to turn to the amendments to the telewarrant process provided in the Criminal Code, which currently allows a peace officer to apply for certain specific warrants by technological means when certain prerequisites are met.

Bill S-4 streamlines the telewarrant process and expands its application, including by making it available to a wider range of investigative warrants and orders, such as warrants to seize weapons, tracking warrants, and production orders for documents and financial records.

Under this more streamlined process, it will be possible for a police officer to submit a search warrant application by means of a telecommunication in writing, such as by email, without meeting the current prerequisite that requires a peace officer to show that it is impracticable to appear in person to present an application.

Police may continue to apply for a warrant by means of telecommunication that does not produce a writing, for example, by telephone. However, in this situation, the judge or justice to whom the search warrant application is presented would have to be satisfied that it is impracticable for the applicant to present the application by means of telecommunication that produces a writing, such as an email.

The revised telewarrant process would also be expanded to apply more broadly in two ways.

First, the process would now apply to the investigation of all offences, rather than indictable offences.

Second, the process would be accessible to law enforcement officials other than peace officers, notably public officers.

This would include, for example, Canada Revenue Agency officials responsible for investigating tax-related offences, who may currently apply for search warrants, and other judicial orders by personal attendants.

Similarly, the process would now be available to any justice or judge who issues a warrant, order or authorization, thereby removing the current requirement that only specifically designated justices may issue telewarrants.

Bill S‑4 also harmonizes the rules regarding the execution of telewarrants and warrants obtained in person and the report required following the seizure of assets.

In particular, Bill S-4 adds an obligation for the police executing a search warrant to provide the occupant of the place searched with a copy of the warrant, as well as a new notice. This notice would contain essential information about where to obtain a copy of the report of the person's seized property and the location where such property is detained.

I note, however, that these requirements would not apply in relation to warrants authorizing a search of a property that has already been seized and is in the lawful possession of the police. This would make it clear that the officer is not required to provide the notice and a copy of the warrant to the person in charge of a police evidence locker.

The bill also makes changes to the fingerprinting process. The pandemic disrupted the ability of police to obtain the fingerprints of accused persons and offenders because of physical distancing requirements, which led to significant operational challenges for the criminal courts.

Currently, individuals charged with an offence can be ordered by police or a judge to attend at a specific time and place for the purpose of identification.

However, in most cases, if something prevents a police officer from taking fingerprints at the specified time, there is no mechanism that allows a police officer to require an individual to come back at another time. The bill addresses this and allows fingerprints to be taken at other times, where earlier attempts to do so were not possible due to exceptional circumstances like those posed by COVID-19.

The bill would not change the rules in terms of who may be subject to fingerprinting.

Further, Bill S-4 addresses judicial case management by allowing courts to make rules permitting court personnel to deal with administrative matters related to proceedings out of court, including for unrepresented accused persons.

The Criminal Code currently allows courts to make rules only for situations in which accused persons are represented by counsel. Judicial case management improves the efficiency and effectiveness of the criminal justice system. By expanding the court's ability to make such rules for unrepresented accused, Bill S-4 will assist in reducing unnecessary court appearances of those who are self-represented.

I know that the Minister of Justice is committed to modernizing the criminal justice system and supporting the courts' technological achievements during the pandemic. I support those objectives, and we should continue to adopt technological solutions when available and appropriate.

Many of our partners and stakeholders and, in particular, our provincial partners, continue to stress urgently that these amendments are needed. I am eager to see the bill enacted in the future, and I look forward to working with our friends in all parties to get this important bill through.

Public Complaints and Review Commission ActGovernment Orders

November 3rd, 2022 / 1:35 p.m.


See context

Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, as I was saying, it is very important that we have strong mechanisms to hold those in law enforcement roles accountable. I think that everyone would agree on that. These are the individuals who we empower to enforce law and order, so we need to have an equally powerful oversight body to ensure that there are no abuses of that power.

Before I go into the rest of this, I do want to very sincerely thank all of the men and women in the country who wear a uniform to keep Canadians safe.

It is very important that, as parliamentarians, when we talk about oversight, we also talk about the incredible sacrifices that RCMP and CBSA officers make. RCMP officers, with their families, are carted around the country to various small towns, often in rural and northern Canada. We need those officers to keep those communities safe, and they make a lot of sacrifices for their families. We know that CBSA officers, as well, are often in border towns or border communities that are far away from where a CBSA officer would normally live. There is a lot of movement around and a lot of weeks away from home.

As we know, CBSA officers and our RCMP officers are consistently putting themselves in danger, again, to keep us safe, so I thank all of the officers out there who don a uniform and do that for our country.

Certainly, as I was saying, the oversight body is very important. Particularly, we have been talking a lot about CBSA in recent years and their role in preventing things such as gun violence, for example.

It has been discussed with many policing bodies the great threat of having, frankly, the largest undefended border in the world with a country that owns more firearms than they have people, which is just part of their culture and their history, and that is not up for debate in the House, but what is up for debate is how it impacts Canada and the important role that CBSA has in ensuring that none of those firearms make their way into Canada illegally.

Unfortunately, in cities such as Toronto and Montreal, we are seeing significant issues, and deaths and murders, from evil criminal elements and gangs that take advantage of our porous border and smuggle into the country firearms that are not just restricted, but prohibited. They are using them illegally, possessing them illegally and really damaging, particularly, our vulnerable communities in Montreal, Toronto and other cities across the country.

It is not just those neighbourhoods that are particularly vulnerable. We are seeing gun violence across the country in rural Canada. We are seeing it leak into suburbs, which normally feel very secure and safe from these types of elements. That is what is happening with the criminal elements in our cities, and they are being fuelled by what seems to be the ability to quite easily smuggle or drone in guns, either at our border and at our ports of entry.

We also know that this is deeply tied to drug smuggling and drug trafficking across our border as well. CBSA has a huge role to prevent that as well. We are depending on our CBSA officers to prevent significant criminal activity that can contribute to death and mayhem in our cities. We are empowering them to do that. We need to make sure that they have the resources, equipment and training to fulfill those important duties for Canadians.

Unfortunately, we do not hear nearly enough about it from the government. It is far too focused on going after law-abiding, trained, tested and vetted Canadian firearms owners than it is on the issue of our border. Perhaps that is a debate for another time. Given that we are talking about oversight of the CBSA today, I think it is worthwhile to bring in the important work that it does and how much we need to prioritize resources to the border to ensure that we are keeping Canadians safe from the impacts of gun smuggling and drug smuggling.

We have also been talking a lot in recent weeks and, frankly, months about the RCMP. We know that the RCMP is facing a significant recruitment and retention issue. I have a lot of RCMP and Winnipeg police officers in my riding. They are incredible men and women, but they are saying morale is quite low. Where is the oversight and the responsibility from the government, and other levels of government, to ensure that RCMP and civic police officers are feeling valued in their role?

That is something that deeply concerns me. We are facing a deficit of police officers when, frankly, there has been a 32% rise in violent crimes since the Liberals formed government seven years ago, since the Prime Minister became the Prime Minister of Canada. Another stat I would like to share is that there were 124,000 more violent crimes last year than there were in 2015 when the Liberals came into power. The need for police to keep our communities safe is greater than ever, yet we are facing serious retention issues.

We are talking about oversight of our RCMP, but we also need to be talking about policies that ensure our RCMP members are adequately supported. What happens when we have overworked police officers and when there are not enough of them, so they are being spread thinner and thinner and their workload is going up higher and higher? We get fatigue. We get depression. We get accelerated impacts of PTSD from the things they see. If we do not have officers who can rest and take care of their mental health, then we have serious impacts on their ability to adequately do their jobs and keep themselves safe, keep their fellow officers safe and ensure they are doing their duty to keep communities safe.

Any time we are talking about RCMP, CBSA or armed forces members, there needs to be an equal conversation about ensuring we are adequately supporting those officers and those members so that they are feeling valued and being supported enough so that they can adequately do their jobs to the best of their mental and physical abilities. Mistakes get made when they are tired. Mistakes get made when they are demoralized, frustrated, irritated and overworked. That is when the biggest mistakes happen. I think if we are going to talk about oversight, we have to talk about better support for our police officers and our officers at the border.

Certainly, when we are talking about the RCMP as well, there have been a lot of discussions of how we can better serve the vulnerable communities that are seeing the most impacts from violent crime. We could talk about the revolving door that also exhausts police officers. About five years ago, the Liberal government brought forward a bill, Bill C-75, that instituted bail reform. This is something I have been looking into in recent weeks and months, and I have been discussing with police officers the impacts they have seen with these bail reform changes.

It would seem that, quite significantly, Bill C-75 has contributed to the revolving door of crime. Those who are looking to break the law and perhaps harm others are in and out of jail over and over again. Police are encountering the same people, week after week, committing the same types of crimes. It is often just petty theft and petty crime, but often it could also be more significant crimes, like stabbings, shootings, rapes or other types of assault.

Can members imagine being police officers and risking their lives to arrest the same person over and over? What does that do to those police officers? What does it do to their morale and their ability to consistently keep their spirits up and do their jobs, when it is the same people over and over again? If we want to talk about oversight, we have to talk about adequately equipping our police officers with the resources they need, and that goes back to our criminal justice system and how it ensures the people they arrest in the first place stay in jail if they are a threat to society.

Then we have things like Bill C-5, which our party has really talked about a lot in terms of our belief in the threat it is going to pose, particularly to vulnerable communities. To refresh the memories of those watching, Bill C-5 would eliminate mandatory prison time for serious firearm offences, like assaulting a police officer with a weapon or drive-by shootings, so firing a gun with the intent to injure someone with a bullet would no longer mean mandatory prison time under the current Liberal government.

It would also allow that, for serious offences, rather than having a mandatory minimum sentence, there would be the option to serve house arrest. Therefore, in a vulnerable community, for example, if there are people who are criminals or part of a gang doing very bad things to those in that community, rather than going to prison, they could be serving house arrest in the community they have terrorized. I do not think that is fair to those communities. I do not think they want those criminal elements in their communities. It also would not provide any opportunity for rehabilitation, which is provided in our penitentiary system. In my opinion we should have far more rehabilitation opportunities in our penitentiaries, but that is a conversation for another time.

We also have a lot of concerns with leadership in the RCMP. I asked the minister today if this bill would provide any oversight to the RCMP commissioner, given the recent scandal and accusations, with corroborating evidence, that the RCMP commissioner politically interfered with the worst mass killing in Canadian history, notably the Nova Scotia 2020 mass killing. This is a very serious matter the Conservatives, together with the Bloc and the NDP, have been investigating for five months. Although the bill would improve the oversight of the RCMP, I do not think that would translate to the top leadership of the RCMP, unfortunately, though it is desperately needed.

In committee just the other day we were talking to the commissioner of the RCMP, and this was the second time she came to committee about the same interference scandal. She also went to the Mass Casualty Commission to discuss this as well, and it was quite a challenging experience. I was hoping for some sentiment that she was remorseful she had handled the situation the way she had or any sort of legitimate explanation that we could understand that would provide us some relief that she did not do this. Unfortunately, we did not get any of that.

Our only ability to hold her accountable is through the public safety committee, at least as the opposition. The government could fire the commissioner, but it has not taken those steps. We believe it should. Bill C-20 is talking about oversight; however, there is no oversight mechanism in it, that I am aware, for the RCMP commissioner in this circumstance.

Just to recap, a few years ago during the heat of the fallout, about 10 days into the tragedy that took 22 lives, including the life of a pregnant woman, we found out through the evidence we built through the MCC, that the RCMP commissioner, first and foremost, warned the government that sharing the weapons information about the evil killer in that situation, who, again, killed 22 people plus a pregnant women, would jeopardize the criminal investigation. She made it very clear that it should not be shared beyond the minister and the Prime Minister.

Unfortunately, a few days later she turned around. We now had an audio recording where she was reprimanding her Nova Scotia deputies on the ground for not sharing the information that she warned her bosses not to share. We asked her and the MCC asked her what changed her mind. She has not provided a single coherent answer about what changed her mind. We have theories, but she has not provided a single coherent response.

What we found out from the audio recording, and what was certainly corroborated before we got that audio recording by the Nova Scotia deputies and their meticulous notes, was that the commissioner was connecting the Liberals' forthcoming gun control policies. She did this because she wanted to help usher along the Liberal government's gun control policies.

When we have the commissioner of the RCMP, with 22 murdered Canadians and the largest criminal investigation in Canadian history in that regard, looking at this as an opportunity to further her political boss's gun control policy, we obviously have a lot of questions and concerns about that. We believe that is political interference. What really tied it back to the Liberal government were her own words saying that they requested that she do this.

The Liberal government has repeatedly denied this. We have her words in an audio recording. We have that corroborated with the Nova Scotia deputies who were in that meeting where she stated those things. They have written notes. They have testified at committee without a doubt in their minds, and given the audio we can see where they are coming from, that the commissioner of the RCMP sought to take advantage of the deaths of 22 people to further the Liberal political agenda. She also said that it was requested by the then-minister of public safety's office.

We have gone through this for five months. The evidence has trickled out and built the case. To us, it seems irrefutable that this happened, yet she still has her position. We find that disgusting and appalling. We do not understand how someone, the head of our law enforcement, could come to committee and worm her way around the facts on the ground, the audio recording that we have, that she directly connects these things. However, she said things like that was just a conversation, that was taken out of context, this is all a misunderstanding or it was just a miscommunication. That is what we were hearing. However, we have the audio recording and we have the testimony from the people who were in the room.

It is quite frustrating that we were not able to fully hold the most powerful RCMP officer in the country accountable. Perhaps that is a shortcoming of my own. Perhaps I could have done a better job. However, if we are going to talk about Bill C-20, the government also needs to talk about holding the RCMP commissioner accountable, which it has so far failed to do.

It would be one thing if it was just in this scenario that she was using that kind of slippery language to make excuses for her behaviour, which was, as we believe, on the order of the Liberal government and its ministers. She also mentioned the PMO in the audio, so perhaps it goes as far as the Prime Minister's Office. However, we were unable to get any further evidence to convince media and others that it is the case. Should any more evidence come up, rest assured, we will be revisiting that issue.

What I would say is that I think the reporters are finally experiencing a bit of what we experienced with the commissioner over the past five months.

Again talking about the oversight of the RCMP, recently a Globe and Mail story came out, which I think was yesterday or the day before, and now it seems that the commissioner is pulling the same sort of behaviour with the Emergencies Act. She apparently was texting with her counterpart at the OPP, the OPP commissioner, back in the height of the convoy when the government invoked the Emergencies Act. As a refresher, the Emergencies Act allows the government to supersede charter rights, which is a very big deal. That is why there is a built-in inquiry to hold the government accountable for doing it, to ensure the very high threshold of the Emergencies Act was met. We are going through that process right now and it is quite riveting.

The commissioner is sort of pulling the same stuff with the media. There are text messages between her and the OPP. The title of the article is, “Top Mountie can’t explain text messages in which she suggested federal government wanted retroactive support for Emergencies Act”. Where is the oversight on this?

She said the following to the OPP commissioner, which is unbelievable, “Has Minister Blair hit you up for a letter to support the EA?” My understanding from the article is that this is after the Emergencies Act was invoked by the Liberals. We have the commissioner of the RCMP asking for a retroactive support letter for the invocation of the Emergencies Act from the OPP commissioner. Two very powerful people are talking about backdating a letter retroactively to show that they are supporting this. That is pretty peculiar. Their integrity is pretty suspect and perhaps shows how desperate, which is speculation, the political bosses in that scenario were to build their case. We know that the Minister of Public Safety said mistruths in this House when he said that the police asked for the emergency powers, when in fact they did not. This is just building on that narrative a little more.

Further, she told reporters she never requested such a letter, yet we have texts that say that she did. How can there be texts that say she requested this letter, when she tells reporters that she did not? This is what we have been going through for five months with the commissioner. We say she said something and she says that is not what that meant, over and over again. We are talking about RCMP oversight. Where is the oversight for the RCMP commissioner?

I will conclude with this, because this is the part that shocked me the most. The head of the RCMP, the commissioner, texted the head of the OPP. Commissioner Lucki's texts show that she twice asked Commissioner Carrique about using a different messaging app that does not store deleted messages. In the context of talking about the emergency powers, is it not peculiar to anyone that the head of the RCMP is texting the head of the OPP saying they need use to an app where their messages can be permanently deleted? Is no one concerned about that?

The heads of law and order are talking about using an app to permanently delete records. That is insane to me and it is unbelievable that the commissioner is still the head of law and order in this country. It is appalling. She should absolutely resign or, better yet, be fired by the public safety minister.

Criminal CodePrivate Members' Business

October 25th, 2022 / 6:20 p.m.


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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Madam Speaker, I thank my colleague from Kelowna—Lake Country for her work on this important legislation.

At its core, Bill C-283 is about ensuring those with addictions are provided the help they need. It is also about providing their loved ones with peace of mind. Those addicted to drugs are someone's mother, father, sister, brother, son, daughter or friend.

I will be reading this speech not only as a parliamentarian but also as a dad. Heather and I are proud parents to five adult children. There is nothing we would not do to ensure their well-being, peace of mind and security. I am so proud of each of them.

My family has struggled with opioid addiction for 20 years. We empathize with all Canadian families who have suffered at the hands of addiction. Heather and I are not alone. Canadian families are not alone. Those listening right now who are struggling with addiction are not alone. In fact, I do not believe there is a single individual in this chamber who has not been touched, in some way, by cocaine, crystal meth, heroin, fentanyl or other opioids.

It has been said that having a child is like having one's heart walk around outside one's body. There are mothers and fathers across this country who are startled awake in the middle of the night by the sound of a jacket zipper, a floor creaking or a door opening. They are all sounds familiar to parents of a son or daughter who is leaving to use drugs.

These moments give way to sleepless nights wondering if that child will make it home safely. These fears last a lifetime. My heart goes out to those who suffer from addictions and their families who bear the weight of the stress and worry that comes with caring for loved ones suffering from addiction. The road to recovery, of which I have both professional and personal experience, is a very difficult and long commitment.

Before I go any further, I would like to make an important distinction for all colleagues in the House.

Those who suffer from drug addiction deserve our compassion and care. Those who repeatedly break the law or have no regard for the safety of those around them deserve to be arrested and dealt with through our court system. Those found guilty of crimes should go to prison where they can seek out and be provided the help they need. This is precisely where our system is not working, and it is where the bill can make an enormous difference in the lives of Canadians.

Sending an addicted individual to prison without providing them with dedicated access to the programs and services they need to recover is futile. Addressing the core cause of their crime, addiction, in meaningful ways is what will put an end to recidivism and allow many Canadian families to heal. Addressing addiction when an individual is convicted of a crime or when the addiction is the cause is precisely where this legislation can make an extraordinary difference.

Canada's approach to addressing drug use, addiction and associated crime has not been successful, and my constituents are concerned the government is out of touch with what is happening on the ground in communities across Canada. Canadians are concerned about legislative decisions being made on matters pertaining to prostitution, guns and drug-related crime. My colleagues on the justice committee know this all too well.

We do not need to look very far in my riding of Kootenay—Columbia to see this in real time. The city of Cranbrook was once a quiet, mountain town. Today, it is the home of a tent city, with an exploding homeless population and rising crime. Criminals are wreaking havoc on other homeless individuals, our youth, families and businesses. Stories of paying it forward have been replaced in the news by stories of intimidation, theft, vandalism, physical assaults and shootings. Young people are afraid to go to work for fear of physical harm and children are no longer free to explore their sense of adventure in certain areas of the city.

This is a problem born out of the current provincial and federal policies, and there is not a single city council in Canada that would be able to solve this problem. Municipal leaders across British Columbia, such as Vancouver, have called on the government to act on addictions and the associated revolving door of crime caused by convicted criminals being released without action, or worse, being released without addressing their addiction during sentencing.

B.C.'s Urban Mayors' Caucus identified mental health and substance treatment as a priority for the federal government to address. Earlier this year, the B.C. attorney general acknowledged there was an increase in the number of no-charge decisions from his office and blamed the federal government for his actions. He referred to Bill C-75, which talks about using the principle of restraint for police and courts to ensure that release at the earliest opportunity is favoured over detention. What this equates to on the ground is prioritization of the offender over the victim.

While there are some who are uncomfortable with labelling prolific offenders, let me help clarify. Individuals who are convicted of 50, 75 or 100 or more offences have a prolific record, and they have been through the revolving door of our catch and release justice system too many times. This has to stop.

Our laws are meant to protect law-abiding citizens as well as those who protect and serve. To send an offender back on the streets to cause harm or break the law for the 78th time is not a solution that is working and, to be frank, it is a slap in the face to victims. However, if the offender, instead of being released to cause further harm or sent to prison to become more hardened, was sent to a designated treatment facility, we would have an opportunity to address the root of the crime.

Canadians are asking for help. We are here today offering real solutions to real problems that will make a difference in helping addicted individuals deal with real pain. Mental health and addiction may be the single largest challenge of our time, and I know all members of this House want to do more for those struggling with these issues.

Bill C-283 is an opportunity to do just that. The bill proposes a different program for addiction treatment while incarcerated, and this means the necessity for rehabilitation while serving a sentence. At the core, this is about treating addiction in an effort to stem the crime, or in other words, addressing the root cause of the issue. The approach is a positive solution for rehabilitation, resulting in individuals being able to make a positive contribution within our communities.

The bill would amend the Criminal Code of Canada to support two-stream sentencing, both of which would have the same sentence time. However, the individual would be called upon, being provided a choice by a judge, to choose between the current system or a designated treatment facility. The bill would not provide criminals with a pass on prison, but rather bridges correction and treatment for those who have entered the system because of drug addiction and are choosing to participate in recovery.

Addiction numbers in B.C. and across the country are growing, with many individuals entering the correctional system who may be better served with the opportunity to address the cause of their criminal activity. The purpose of an addiction treatment facility is to provide the individual access to the program for treatment in relation to the substance use, as well as to other related services that will address specific needs. Individuals may be sentenced to serve in a designated facility if there is evidence establishing a pattern of repetitive behaviour by the individual that indicates problematic substance abuse.

This brings us to the tragic and preventable loss of Constable Shaelyn Yang, who was sadly murdered while courageously helping those who suffer from mental health and addiction. Mayors from cities across B.C., including Burnaby, have complained publicly about the catch and release justice system.

Last week, the leader of the official opposition asked what policy changes the Prime Minister would be willing to make to put this crime wave to an end. I suggest to all members this bill is an important part of that suite of tools needed to address addictions. We cannot turn back time and prevent the senseless loss of Constable Shaelyn Yang, but we can act to prevent future murders. I invite all colleagues to join me in supporting this legislation.

The bill would validate and begin to repair the legitimate ongoing concerns of families, communities and indigenous communities. Further, it would serve as an important tool to address the general mental health and welfare of those who participate, with an aim to help make a better future for young Canadians struggling with addictions. Those struggling with addiction deserve treatment and recovery.

Successful crime prevention starts with our youth and must continue throughout their lives. Education programs can be successful if delivered at the right times.

As we consider Bill C-283, I would ask each of us to look through the eyes of Constable Shaelyn Yang and do right by the victims, the victims of addictions, the victims of crime and the victims, the family, of those who have lost a loved one. Finally, may we see this through the lens of a mother, father, sister, brother and friend who are desperate for their loved ones to get help before it is too late.

Judges ActGovernment Orders

June 16th, 2022 / 12:45 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I will be splitting my time with the member for Peace River—Westlock.

It is a pleasure to rise to speak to Bill C-9, which is an act that would create a complaint mechanism for judges. We have certainly heard from all sides today that everyone thinks this is a great idea. This is not to say judges do not do a good job, because we know we have great judges in this country who work hard, but as with any career discipline, there is always the odd thing going on that is not good.

I remember when I was the chair of the Standing Committee on the Status of Women we talked about some of the things that were happening. In one sexual assault case, a judge actually asked the complainant, “Why couldn’t you just keep your knees together?” In another sexual assault case, another judge said, “she was drunk” in the taxi.

Rona Ambrose brought forward Bill C-337 to try to get at this issue of judges who do not have experience in sexual assault presiding over those cases. Although that bill unfortunately did not make it through under her private member's bill, the government brought it back, and we passed it earlier in the session. This would offer judges training, and in fact, it would offer lawyers who want to be judges training as well. That is the kind of remedy we want to see.

I was very pleased to hear the member for Mount Royal, who just spoke, talk about what this bill would allow. Other than just the extreme option of getting rid of a judge for whatever behaviour was complained about, there is a whole realm of possibilities, including verbal warnings, letter warnings, public apologies, training and multiple other options. This is something very good about this bill.

I do have a concern about the state of judges in our country since the Liberal government was elected. I started in 2015, and at that time we were missing I think 60 judges who needed to be appointed. Because of that, and because the Jordan decision, there were numerous examples of murderers and rapists who went free because there were not enough judges to handle the workload in a timely fashion.

There was an attempt made to put in a process. The government wanted to increase the diversity of the judges being selected, which is great, because one of the things that will make for a healthier democracy and rule of law is to have diverse thought and diverse representation of the population.

Unfortunately, what happened is the government used the Liberal fundraising database to figure out which judges should be picked from the lawyer pool. There were also fundraisers going on with the minister of justice at the time, which caused a big scandal because lawyers were paying $500 to meet her, and they all wanted to become judges. We know that is certainly not in keeping with conflict of interest rules in the House. The scandal went on for quite a while.

It is important to have diversity of thought with judges so they can check one another. If people are all in a group and they think together, it can be a bad thing. We have seen some of the Supreme Court decisions that came out recently that have caused concern across the country, such as the one that says, if a person is intoxicated, it could be a defence for murder, sexual assault, etc. Canadians in general would reject that and say no. The person is the one who chose to keep drinking or doing drugs until they became that intoxicated, and there needs to be an ownership of the behaviour. Those judges all together did not have enough diversity of thought for somebody to say that decision might not be a good thing.

I would suggest, from a Conservative perspective, that when somebody has killed multiple people, consecutive sentencing gave a lot of comfort to victims. The Supreme Court decision on that is another example. Parliament has a duty to review those decisions and have the discussions about whether that is really where we want to go on those topics. The whole purpose of having judges is that they are the executors of the rule of law in our nation.

I am very concerned that, in the last seven years, we are not seeing more rule of law. We are seeing more people committing crimes. The crime rates are increasing, including gun crime and violent crime. However, when I look at the response from the government, it looks like we are seeing a continual erosion of the rule of law.

The member who spoke previously mentioned that I am the first female engineer in the House, and we have an expression in the engineering world about a frog in a pot. Gradually the temperature in the pot increases until eventually we boil the frog, but the frog is not able to sense that the temperature is going up because it is so incremental. I would argue, with respect to the rule of law in Canada, the temperature is going up.

We had Bill C-75, which reduced the sentencing to fines or less than two years of time in jail for crimes such as abduction of a person under the age of 16, abduction of a person under the age of 14, arson for fraudulent purposes, marriage under 16 and participation in the activity of a terrorist group. There are a number of offences there, and I did not see the justification for that. We have heard from police chiefs that, although in some cases they agreed, in many cases there are serious crimes happening that now have only a slap on the wrist, which is not sending the right message about the rule of law and the importance of it.

In this parliamentary session, we now have Bill C-5 coming forward, which would remove mandatory minimums on robbery with a firearm; extortion with a firearm; discharging a firearm with intent; using a firearm in the commission of offences; trafficking or possession for the purpose of trafficking; importing, exporting, or possession of serious drugs; and production of these serious drugs, which are killing thousands of Canadians. Also, Bill C-5 would allow some of these sentences to be put down to house arrest, including that of sexual assault.

Somebody could victimize someone in their community and then serve the time there. I do not think that is something that we should leave to the discretion of judges, when we have seen in the past a judge ask, “couldn't you just keep your knees together?” There is a naivete if we think we can leave it to chance. Yes, in the majority of cases, judges will judge with wisdom, but it is the every now and again that we want to prevent and what our laws should prevent.

Abduction of a person under 14 could become a house arrest sentence. This is unbelievable. We have a huge human trafficking issue in this country, and this not only sends the wrong message, but it is also not going to fix things because, when people are left with a potential house arrest, those who are committing crimes can commit them out of their house. It is the same thing for someone trafficking drugs who gets house arrest. How convenient is that for people to stop by and pick up drugs?

These things make no sense to me, and so I am very concerned when I look at the erosion of our rule of law. At the same time, there is an erosion of protection for victims. We had Bill C-28 in the previous Parliament on victim surcharge. It used to be that there was some recompense made for victims who had suffered and had to travel distances to go to parole hearings and that kind of thing, but that was taken away.

This is a soft-on-crime government, and while I support Bill C-9 because when judges do not get it right we need to fix that, but I am very concerned that we are having this continual erosion of the rule of law. We have heard many speeches in the House that have said that there is a high rate of reoffending. People are committing crimes, getting out, committing them again and being put back in, and there really is no rehabilitation happening. That is not to say that there should not be, but the situation today is that there is not. If we know that people are going to reoffend and go out on the street, we have to protect the public, and we have a duty to do that.

The mechanism in the bill is to make sure that judges are doing their due diligence. We would have mechanisms, not just an extreme one, but progressions, that would allow us to take corrective action and manage the judicial system to ensure its integrity. This will preserve the rule of law, although the concerns I have expressed do remain.

Criminal CodeGovernment Orders

June 14th, 2022 / 10:50 a.m.


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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, one man is dead and at least seven people were injured in a rash of bloody attacks on the weekend as tensions reportedly escalate among drug dealers and gang members in a city already troubled by recent violence. At least two people were shot and five stabbed Friday evening to early Monday morning in addition to a slaying Sunday at West Broadway Commons, an apartment building in Winnipeg. Winnipeg police spokesperson Constable Dani McKinnon said on Monday that there have been 60 shootings so far this year. Tragically, a man named Austin Mark Chief, 24, later died in hospital. The death is being investigated as the city's 24th homicide of the year.

Mitch Bourbonniere, a community social worker whom we also had at the public safety and national security committee for our guns and gangs study, gave a comment to the Winnipeg Free Press for the story, where he said of the violence:

“It's intensified...meth and the opiates and fentanyl and the poisonings [have increased]...It's really violent out there right now...I've come to the conclusion that we are undeniably in a violent spike right now in our city.”

“It's ongoing, but it's escalated. People are more desperate, more violent, there's more competition, it's more serious street drugs, there's more guns—there's just more of everything,” he said. “Drugs, gangs and guns—those three words.”

That was the top story in the Winnipeg Free Press just this morning.

Just last week, there was yet another story. This is almost weekly now in Montreal. The police are investigating three shootings in various areas of Montreal. Drive-by shootings have also increased in Montreal and cities like Toronto. Another story from just last week, June 6, 2022, in Winnipeg was told about an adult female with her infant child being robbed at gunpoint and having her car stolen in front of her. She was robbed at gunpoint with her infant child.

These stories are becoming a weekly occurrence in Winnipeg and cities like Toronto, Montreal, Regina, Edmonton and Vancouver, so much so that I think the public is starting to become desensitized to the rising violent crime in our cities under the Liberal government's watch. It is fact that violent crime has increased steadily in the seven years the Liberals have been in power. It is fact that our streets are less safe under the so-called leadership of the Liberal government and the Minister of Justice.

Today, we are debating third reading of Bill C-5, which would remove mandatory minimum sentences for a number of serious crimes. I am going to go through them for the House.

The bill would remove mandatory prison time for firearm offences. From my recent discourse, I cannot wrap my head around how the government can claim it is getting tough on guns while Bill C-5 would remove mandatory prison time for dangerous gun crimes, for example, robbery with a firearm. In the story I just told, where a woman with her infant child in Winnipeg was robbed at gunpoint and her car was stolen from her, no longer would that individual who terrorized that woman with her baby face mandatory prison time under Bill C-5.

Other crimes are extortion with a firearm, weapons trafficking, importing or exporting knowing it is unauthorized and discharging a firearm with the intent to injure, which is firing a gun at someone with the intention to hit the person with the bullet. These would no longer have mandatory prison time in Canada if Bill C-5 comes into place.

Other such crimes are using a firearm in the commission of an offence and possession of firearms knowing their possession is unauthorized. Someone who is not allowed to have a firearm but has one would no longer have to face mandatory prison time. Meanwhile, we well know the stats show that firearm violence in Canada is by those who are not legally allowed to possess a firearm. Under Bill C-5, no longer would those individuals who would terrorize our communities be absolutely going to prison.

Other charges include possession of a prohibited or restricted firearm with ammunition, possession of a weapon obtained by commission of an offence, possession for the purpose of weapons trafficking, and discharging a firearm recklessly. These are very serious gun violence crimes that would not longer face mandatory prison time because of Bill C-5.

I consistently hear from Liberal members that they are repealing these bad Conservative policies, but the fact is that many of these mandatory minimums were instituted by Liberal governments. In fact, one of them in particular, the use of a firearm in the commission of an offence, was instituted by Pierre Elliott Trudeau's government back in 1976. The Liberals are actually keeping a number of mandatory minimum sentences that the Conservatives did bring in, so their argument does not stand.

To be clear, the Liberals would be eliminating mandatory prison time for criminals who commit robbery with a firearm, weapons trafficking and drive-by shootings. They make the argument that it is soft on crime and say, “Let us go easy on criminals.” They seem to be more interested in defending criminals than the victims being terrorized with guns.

For example, the Liberals would expand conditional sentencing and would allow house arrest for crimes such as sexual assault. If a person sexually assaults someone, they could be serving house arrest in the neighbourhood of the individual they sexually assaulted. Conditional sentencing, house arrest and others would become more commonplace and more easily accessed by the courts because of Bill C-5.

Then there is kidnapping and abduction of a person under the age of 14. Abducting a child could mean house arrest. Arson for fraudulent purposes, so setting fire to things, could mean house arrest too, as could assault causing bodily harm or with a weapon, assaulting a peace officer causing bodily harm or with a weapon and trafficking in or exporting/importing schedule III drugs.

Let us talk a bit more about the drug offences, because this is really interesting. The bill would also eliminate mandatory prison time for drug dealers. Last year, over 7,000 Canadians died as a result of opioid overdoses from things like fentanyl and carfentanil. Addiction to drugs should be treated as a health care issue. The Conservatives believe that someone addicted to drugs needs to be treated. We need to have more access. It is why in the last election we proposed building more treatment beds. That is very clear.

However, the individuals responsible for pushing deadly drugs on Canadians, killing 7,000 people last year, deserve to go to prison, full stop. This bill would eliminate mandatory prison time for trafficking or possession for the purpose of trafficking drugs. That is drug pushers and drug dealers. It also includes importing or exporting or possession for the purpose of exporting. People who smuggle drugs into Canada that kill thousands of Canadians would no longer have mandatory prison time.

Consider the production of substances in schedule I or schedule II, which are drugs such as heroin, cocaine, fentanyl and crystal meth. The people who create these drugs, who kill thousands of Canadians, particularly young people in B.C. and Ontario, would no longer face mandatory prison time as a result of Bill C-5.

This comes in light of the controversial decision in B.C. to decriminalize 2.5 grams of opioids and other hard drugs. For carfentanil, for example, 2.5 grams is capable of killing 1,250 people. What message does it send that we are decriminalizing at the same time as Bill C-5 is coming out? On one side, we are decriminalizing deadly drugs that killed 7,000 Canadians last year, and on the other side, we are saying there is no more mandatory prison time for the people who are responsible for making those drugs, smuggling those drugs or trafficking those drugs and preying upon vulnerable Canadians. What kind of message is that sending? Drug dealers are rubbing their hands at how much money they are going to make because of these actions.

It is devastating for families. I know there are different approaches for how to deal with the drug epidemic in Canada, but I firmly believe, as do other Conservatives, that anyone responsible for dealing these dangerous drugs that kill thousands of Canadians deserves to go to prison. It is over 7,000 people. Opioids are more deadly to Canadian young people than COVID was. That is how serious the drug epidemic is.

The Liberals are letting those responsible for taking advantage of vulnerable Canadians off the hook. This is unacceptable. It is unacceptable to the 7,000 families that lost young people last year to opioid deaths.

This is all coming in light of violent crime stats going up significantly in Canada in the last seven years. For example, across the country, police reported 743 homicides in 2020, which is the highest number of homicides recorded in Canada since 1991. There were also 56 more homicides in 2020 than in 2019, a hike that pushed Canada's rate up 7% to almost two homicides per every 100,000 people in Canada in 2020. That is up from the year prior. Violent crime is increasing and the Liberal government is bringing in Bill C-5, which would let individuals who use firearms in very dangerous crimes off the hook.

There was also a recent Statistics Canada report released just a few weeks ago that said, per The Globe and Mail, “since 2009, the per capita rate of firearms being pointed at someone in the commission of a crime has nearly tripled, and the rate at which guns are fired with intent to kill or wound is up fivefold.” Again, as I said, these crimes, such as firing a gun with the intent to injure someone, are up fivefold, but no longer would those individuals face mandatory prison time.

The Toronto Police Service has proposed a number of solutions. It said that the federal government should look at requiring bail hearings for people charged with the most serious firearm offences to be heard by judges instead of by a justice of the peace. It is a move the police said would “clearly convey Parliament's view of the seriousness of these offences.”

Again, the things we do in this place have important symbolism as well. The message we send to criminals and victims alike is very important. I think I have outlined quite clearly the message the Liberal government is sending to criminals who endanger the lives of individuals, especially in our vulnerable communities.

The police are also proposing bail reform, and I recently spoke to a number of police in southern Ontario and got their thoughts on bail reform. Members may remember that a few years ago, in June 2019, Bill C-75, a Liberal bill, updated the bail provisions in Canada's Criminal Code for the first time since 1972. There are varying opinions on this. Police will say that some aspects were good and that some aspects were very bad.

In a story from last year, Victoria Police Chief Del Manak was asked, “Why are violent, prolific and repeat offenders being released from custody with little or nothing to prevent them from reoffending?” We hear this from police all the time. It is the revolving door. Police put themselves in danger to catch criminals who are terrorizing neighbourhoods and put them in jail, but they are out the next week. It is a revolving door of essentially 100 to 200 offenders in cities, particularly in vulnerable neighbourhoods. They are the cause of the vast majority of the violence. The police catch and released them every week, putting police lives in danger to secure the safety of vulnerable communities.

The police are catching these guys over and over again, so I have asked them about this. Last year, the Victoria police chief was asked about this too. Of course, we know that in Victoria and Vancouver, it is unbelievable to walk the streets and see the crime that is going on, but as the Victoria police chief said, per the Victoria Times Colonist:

The answer to that...lies in recent extensive changes to the country's bail system that were intended to address clogged courts and the over-representation of vulnerable populations....

The law makes it clear, said Manak, that police are to give primary consideration to the release of the accused at the earliest opportunity and under the least onerous conditions.

I asked police about this. Now, this was a couple of years ago, in 2019, and bail reforms had a bit of time to come into place. However, many in the police forces, the ones who see this more than anyone in the House, believe those bail reforms have further quickened the catch-and-release policies that we have seen. I bring this up to outline that we are seeing a rise in gun violence and violent crime in our cities, and many believe it is tied to the bail reforms from a few years ago, which are coming home to roost now.

We now have Bill C-5. Do members think it is going to get any better when we do not put violent criminals in jail for firing guns at people with the intent to injure them with a bullet, for robbing them at gunpoint or for pushing drugs on vulnerable Canadians and killing 7,000 people last year? What do we think is going to happen to the crime statistics when the bill comes in? Do we really think they are going to go down? I do not think so. Based on the recent policies on bail reform and the feedback I am getting from frontline police officers, I would guess that in a couple of years, we are going to be seeing increased violence in our streets and less safe streets than we have now because of Bill C-5.

House arrest is very interesting. If someone fires a gun at someone, they would not be serving mandatory prison time but would maybe get house arrest. What does that mean? I was not even sure what “house arrest” meant. I kind of thought it meant that a police officer would be stationed outside the house of a dangerous offender who shot a gun at someone, robbed someone at gunpoint or extorted them with a firearm, as they must be watched. It does not mean that exactly. This individual is put in their home in the community, often the one they terrorized, and is in essence left to their own devices.

Can members imagine what is going happen when a vulnerable community has been terrorized by a criminal with a gun, and rather than being removed from the situation and put in prison to serve time for the crime they did to their community, they would be serving a sentence surrounded by the gang influences that led them to a life of crime? How do we think that is going to work?

There were some comments from the members opposite, and I would ask them to consider sexual assault. I went through this already. A person can sexually assault someone and then serve house arrest in the community of the individual they sexually assaulted. It is in the bill. It really does not make a lot of sense to me.

We heard the speech before me by the Parliamentary Secretary to the Minister of Justice. I am sure he was very sincere in his speech, and I have a lot of respect for the member. However, whenever he and the Liberals are pushed on this and asked why they go easy on criminals who use guns in dangerous crimes, they say they are also increasing mandatory sentences for them. The argument does not follow. We ask why they are going easy on criminals with guns and they say they are increasing sentencing. It does not make sense. They say they are increasing sentencing, but they are also letting them off the hook to serve house arrest in the communities they have terrorized.

I just went over a situation where a woman with her child was robbed at gunpoint. Robbery with a firearm will no longer get mandatory prison time. That may be something members opposite are uncomfortable with, but that is in their bill. The individual who robbed that woman at gunpoint with her baby deserves to go to prison, no excuses. There is no other way to see it. It is unbelievable. That individual, who the police did catch, was charged with robbery with a firearm and violating his prohibition order for possessing a firearm. He had already been caught before, charged with something and then released. Now he has terrorized the community again and robbed a woman with a baby at gunpoint and will likely be out again.

Recently, I was in Grand Bend, a lovely community on Lake Huron, with the member for Lambton—Kent—Middlesex. I was speaking to police on the ground there and they told me what has happened as a result of the Liberals' soft-on-crime policy on bail reform. An individual was stabbed to death outside a bar at 2 a.m. in this beautiful little tourist town. It is a very rare occurrence in this otherwise very safe, wonderful community. Two weeks later, when that individual was released on bail, he went into a gas station and threatened the lives of two teenage girls at the cash. This man murdered someone with a knife, an innocent man who was outside of the bar at the wrong time. He murdered him and was out on the streets two weeks later threatening the lives of two teenage girls. That is a result of bail reform and what the Liberals have done with their soft-on-crime policies.

If the Liberals would just take time to talk to the police in their communities, they would hear the same things I am hearing. It is unbelievable. It is as if parts of our communities are becoming lawless.

When we think of police, what do members think it feels like for police officers to endanger their lives and run after the guy I just talked about who robbed a woman at gunpoint? What do members think it is like for them? They are putting their lives on the line and he is back on the street three days later. What kind of incentive do they have to rush to the scene of a crime when they see the same guy they have been apprehending week over week? It is unbelievable.

I would like to move an amendment with my remaining time. I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, be not now read a third time, but be referred back to the Standing Committee on Justice and Human Rights for the purpose of reconsidering clauses 5, 6, 7, 8, 10 & 12 with a view to remove the provisions in the Bill that would eliminate a number of mandatory minimum sentences for very serious crimes, namely robbery with a firearm, weapons trafficking and discharging a firearm with intent, possession of a weapon obtained by commission of an offence and possession for purpose of weapons trafficking.

The purpose of this amendment is to take out the most insane parts of Bill C-5 so that individuals—

Criminal CodeGovernment Orders

June 9th, 2022 / 7 p.m.


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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, today I rise to speak to Bill C-5, which seeks to make changes to the Criminal Code that would make life easier for criminals charged with violent firearms offences and criminals who are fuelling the opioid crisis here in Canada. Most of the offences we are discussing today, for which the Liberals want to get rid of mandatory jail time, are crimes that involve firearms.

To be clear, the charges for which the government is seeking to remove mandatory jail time are not for otherwise innocent individuals who were in the wrong place at the wrong time. This bill would specifically allow repeat offenders to avoid mandatory jail sentences. These are hardened criminals who have already made the choice to live outside the law and have not made an effort to change their behaviour. These are the people the Liberals would be helping with Bill C-5.

Before I get too far in my speech, and with some leniency from the House as this might be my last chance to speak before we rise for the summer, I would like to draw the attention of the House and those watching at home to something I find quite unique that is happening in my riding leading up the municipal elections on October 24 here in Ontario.

In Haliburton—Kawartha Lakes—Brock, there are seven lower tier municipalities. Come election day, at least six of those will have a new face as head of council. So far, six of the seven mayors, with the exception of David Burton of Highlands East, have announced they will not be seeking re-election.

That is a major changeover, and I would be remiss if I did not take this time to acknowledge the immense contribution these remarkable individuals have made in their communities. I will quickly name them and then get back to Bill C-5.

In Algonquin Highlands, Carol Moffatt, after 16 years of public service, will not be on the ballot. Mayor Moffatt was first elected as councillor in 2006. She was elected mayor in 2010 and then acclaimed as mayor in 2014 and again 2018, where she led one of two all-female municipal councils in Ontario.

In Brock Township, after the sudden passing of the township's first female mayor, Debbie Bath-Hadden in 2021, John Grant, a former councillor and Durham regional councillor and mayor, stepped into the role and pledged to guide the municipality with a steady hand into the next election.

Scott McFadden will not seek re-election in Cavan-Monaghan after being first elected as deputy mayor in 2010, then elected mayor in 2014 and re-elected in 2018.

After 16 years in public service, Andrea Roberts will not re-offer as mayor of Dysart. In addition to leading council, Mayor Roberts previously served as councillor and deputy mayor. Joining her is Patrick Kennedy, deputy mayor of Dysart, who informed the community recently he would not be seeking re-election after just one term.

In Kawartha Lakes, Andy Letham will not seek a third term as mayor. He was first elected to lead the municipality in 2014 and re-elected in 2018. He also spent a term as a councillor in 2003.

Brent Devolin, first elected in 2014 and re-elected in 2018, will not seek re-election and a third term as mayor of Minden Hills.

Over the years, in my previous role with my predecessor, I got to know each one of these municipal leaders very well. I consider them friends and not just colleagues. Each council and staff faced many challenges during their time. They dealt with natural disasters and the COVID pandemic while at the same time claiming many accomplishments, such as new community centres, Internet connectivity, improved roads and bridges, new parks, and increased water and sewer capacity to prepare for future growth. The list, of course, goes on.

It is no secret that municipal representatives are often the closest to the issues being felt at home. Most, especially in small and rural communities, are accessible to the public and many openly publish their personal telephone numbers. All of the mayors and deputy mayors I just mentioned, along with the councillors and staff, have placed their marks on the people they serve. I am confident to say that those not seeking re-election depart leaving their respective municipalities in strong shape and well prepared for the future.

Now, I move on to today's debate on Bill C-5. As I mentioned off the top, it is a bill that would remove mandatory jail time in some circumstances for a lot of crimes that involve firearms. Again, the charges for which the government would be removing the mandatory jail time would specifically allow repeat offenders to avoid mandatory jail sentences.

For example, the bill proposes to eliminate mandatory jail time for criminals charged with robbery with a firearm, extortion with a firearm, weapons trafficking, importing or exporting knowing a firearm is unauthorized, discharging a firearm with intent, using a firearm in the commission of an offence, possession of a prohibited or restricted firearm with ammunition, possession of a weapon obtained by the commission of an offence, and possession for the purpose of weapons trafficking. These are just a few of the types of offences for which mandatory jail time would be removed under Bill C-5.

If people do not think it can get much worse after the list I just mentioned, it really does. In this bill, the Liberals are making more criminal charges eligible to receive conditional sentences, also known as house arrest.

There may be cases where house arrest is acceptable, but house arrest should never be made available to dangerous offenders and criminals whose actions have victimized an innocent person or family. Should a criminal who abducted a child under the age of 14 be eligible for house arrest? Should a criminal who benefits financially from the scourge of human trafficking be eligible for house arrest? Should someone convicted of kidnapping get house arrest? Should criminals charged with sexual assault be able to serve their time back in that same community, potentially near their victims?

The Liberals say yes to all of the above. There is an even better one still to come. The Liberals are trying to expand house arrest for those charged with prison breach. In what world does that make any sense? We would be rewarding people for breaking out of prison with house arrest, so they do not have to bother spending time behind bars if they can just break out.

As many members have said in this debate, one really cannot make this stuff up. The government is trying to make a complete mockery of the Canadian justice system, demoralize law enforcement and frighten victims, all at the same time.

A few months ago, the community I live in, Lindsay, held a public forum. The specific topic was to talk about the increase of petty crimes in the neighbourhood. Citizens did not feel safe. They had concerns that criminals were getting arrested, and a few moments later they were out and back on the streets, what is called a “revolving door”. They did not seem to feel that the justice system was working for them. We had a community meeting to discuss this. What was talked about a lot at the time, a few months ago, was Bill C-75, another bill that decreased sentences and made them more lenient so criminals could get out of jail more easily. The Crown prosecutor made that very clear. The Crown's hands were tied. This was a piece of legislation, and obviously the law has to be enforced through the judicial system, so these were the cards they were dealt. The community felt it.

As my friend from Mission—Matsqui—Fraser Canyon just mentioned, people need to have faith in the criminal justice system. When they pay their taxes and do everything right, they expect a safe community and they expect their government to work for them and to provide laws that allow law enforcement to do its job and keep the community safe. They just were not feeling it.

These people are just becoming victims, scared in their own community. People are scared to go out at night. This is a community of 20,000 people. It was unheard of, just a few years ago, for people to feel they could not leave their house at night. It is unbelievable. It really is. We have just heard story after story from colleagues in this place about how communities are becoming less safe because of poor legislation brought in by the government.

If we want to talk about ways to help people, this party had a massive plan to fund mental health and treat it as health, to talk about getting people treatment for their addictions and expanding economic opportunities across the board to Canadians in general. There was a robust plan to deal with that. At the same time, those who are committing the most heinous of crimes, the ones I just mentioned, should be behind bars, not walking our streets. I know police have said we cannot arrest our way out of this, and I totally agree. That is why we had those robust options, as well as putting those who are violent, repeat offenders behind bars, where they deserve to be, not out on our streets.

To conclude, I will be strongly voting against Bill C-5, and I encourage each and every member of this House to do so as well.

Criminal CodePrivate Members' Business

June 9th, 2022 / 6:20 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, it is a pleasure to rise to speak to Bill S-206, an act to amend the Criminal Code on disclosure of information by jurors.

Bill S-206 proposes an amendment that seeks to help jurors who face mental health challenges flowing from fulfilling their civic duty and after completion of a jury trial. It proposes to do so by adding an exception to the offence of disclosure of jury proceedings under section 649 of the Criminal Code.

The substance of this legislation is short and straightforward and I believe is targeting an important issue deserving of our attention. Indeed, when we situate the bill in the present context of the ongoing COVID‑19 pandemic, we can all understand the importance of supporting the well-being and mental health of Canadians, and particularly those who participate in the justice system.

We know the pandemic has affected the mental health of Canadians. According to the Public Health Agency of Canada, almost half of all Canadians have reported that their mental health has worsened since the beginning of the pandemic. A Statistics Canada survey on COVID‑19 and mental health in September 2021 indicated that one in four Canadians, or 25%, age 18 and older screened positive for symptoms of depression, anxiety or post-traumatic stress disorder in the spring of 2021, up from one in five, or 21%, in the fall of 2020.

A more recent study in January 2022, from the Angus Reid Institute, found that the population is largely fatigued, frustrated and anxious, with one in three Canadians, or 36%, stating they are struggling with their mental health. According to this study, this represents an increase from the one-quarter who responded in November 2021, prior to omicron becoming the dominant COVID‑19 variant in Canada.

Canadians across the country who are experiencing mental health difficulties are the very same population called upon for jury duty by way of provincial and territorial legislative processes governing the criteria with respect to who may serve and be summoned as a juror. I am very pleased that the government is committed to supporting Canadians and their mental health through the COVID‑19 pandemic and beyond, such as through its record of investing millions into mental health and distress centres.

Thanks to the previous work undertaken by the members of the Standing Committee on Justice and Human Rights to study counselling and mental health supports for jurors, we have a better understanding of the experience of Canadians who serve on juries and the potentially long-lasting impacts of such service. The committee's May 2018 report entitled “Improving Support for Jurors in Canada” documented that many former jurors described their jury duty experience as positive. However, the report also includes testimony from jurors who served on difficult and unfortunately disturbing criminal cases ended up encountering much mental health distress and suffering, and in some instances even reported post-traumatic stress disorder following their service. It is conceivable that jury duty during any pandemic could give rise to additional stresses and strains on an individual, for example, concerns over their safety and physical-distancing requirements being respected at all times.

I believe that if serving on a jury creates a need for mental health supports, then there should not be barriers for those who must access them. Bill S-206 proposes to amend section 649 of the Criminal Code by adding a narrow exception to the offence prohibiting jurors from disclosing information otherwise disclosed in open court to enable them to share this information in the course of receiving mental health treatment from a health care professional.

While the purpose of section 649 of the Criminal Code is to protect the integrity of the jury deliberation process, the offence has been identified as posing a barrier for jurors in accessing mental health supports by former jurors and in the report of the House of Commons Standing Committee on Justice and Human Rights. The amendment proposed in Bill S-206 would address recommendation 4 of the report of the standing committee, which proposes that there may be a more lenient secrecy rule for jury deliberations. The committee's recommendations were unanimously supported.

I certainly support the recommendation and I support this bill. For instance, former Bill C-417 in 2019 unanimously passed in the House of Commons following the adoption of amendments by the Standing Committee on Justice and Human Rights.

I call on all members to support Bill S-206 because it would allow former jurors to be freer in expressing their thoughts and feelings to a health care professional on matters that may have deeply disturbed or upset them or caused significant stress during their service as a juror.

It is a remarkable aspect of our justice system that jurors across the country and in countless courtrooms meet the challenges of jury duty, and so it only makes sense that they would be able to receive the support they need to return to their lives afterward. I am pleased that the government expressed its support for former Bill C-417 and is now in support of Bill S-206. The government has introduced, and Parliament has enacted, a number of changes to improve the jury regime in the Criminal Code.

For example, the Government of Canada introduced legislation that was passed by Parliament in 2019, former Bill C-75, which included several Criminal Code amendments to improve the in court jury selection process. These amendments abolished peremptory challenges, which have been linked to discriminatory application to exclude potential jurors from jury duty; simplified and strengthened the challenge for cause process; modernized the grounds for such challenges; and clarified the power of judges to stand aside jurors to maintain public confidence in the administration of justice.

More recently, on February 8, 2022, the government introduced Senate legislation to help address the challenges faced by criminal courts caused or exacerbated by the COVID-19 pandemic. Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts relating to the COVID-19 response and other measures, includes proposed amendments that would, among other things, increase the use of technology in the jury selection process, including allowing prospective jurors to participate by video conference where the court considers it appropriate and with the consent of the prosecutor and the accused.

The pandemic and the resulting public health guidelines for physical distancing have made it especially challenging for courts to conduct jury selection proceedings, as these proceedings can sometimes involve several hundreds of people being physically present in the same location at the same time.

The amendments proposed in Bill S-4 would help provide courts with greater flexibility in how jury selection processes are held, and it may serve to be a useful tool in accommodating prospective jurors who have been summoned to participate in the selection process.

Our government is proud to support this bill, as it recognizes the vital role and dedicated service of jurors in the Canadian justice system. As we bring the justice system into the 21st century, we will work to ensure jurors can be better supported in their roles in addition to facilitating the sharing of best practices between jurisdictions.

I want to take a moment to commend my colleagues on the justice and human rights committee for working collaboratively to study and pass this important bill. It is an example of the progress we can achieve when we work together, across party lines, to support all Canadians.

Concurrence in Vote 1—Department of JusticeMain Estimates, 2022-23Government Orders

June 7th, 2022 / 9:45 p.m.


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Liberal

Taleeb Noormohamed Liberal Vancouver Granville, BC

Mr. Speaker, I very much appreciate the opportunity to rise to speak to the estimates. Several important steps are being taken by the government to support the effective and efficient functioning of the justice system, in particular regarding access to justice for youth, indigenous and Black persons and those who are economically disadvantaged.

As the House is well aware, our justice system has been faced with mounting challenges in recent years. Some of these challenges, such as the increasing length and complexity of trials, preceded the COVID pandemic. Other challenges, such as the need to conduct trials virtually, were generated by the pandemic. Some of the justice system's challenges were felt most acutely by our provincial partners, as they bear the responsibility for the administration of justice, including the increased costs of technology and other public health measures.

Of course, many of these challenges affect not only governments, but also individuals. These include the many individuals who struggle to afford legal assistance when they need it. Many of them also experience systemic disadvantages and discrimination. In some cases, these individuals come into contact with the justice system.

Through the budget, our government made multiple investments to support the justice system to ensure that it treats those who come before it in a fair, equitable and effective manner. Budget 2021 announced an ongoing annual $43.3-million increase in funding for the youth justice services funding program. New six-year funding agreements for the April 21, 2021, to March 31, 2027, time frame were successfully negotiated and are now being put into place with the provinces and territories to implement this funding.

This funding will enable the expansion and sustainability of critical youth justice services and programs delivered by the provinces and territories. Priority funding areas under the youth justice services funding program include diversion and alternatives to custody programming, which will allow more youth to stay out of the formal youth criminal justice system and/or custody. This new funding will allow jurisdictions to further develop and expand the range of culturally safe and responsive programming available to better support indigenous youth and other racialized youth populations overrepresented in the youth criminal justice system. This is particularly true for diversion programming, for which an increased demand is anticipated resulting from the implementation of former Bill C-75.

While we are all pleased that there has been a downward trend in youth crime rates over time, this new funding is needed, as there has not been an increase in funding since 2006, when the Harper government came into power and implemented its failed criminal justice policy that did not focus on rehabilitation or diversion. We are fixing that through many measures, including budgetary measures such as this one and Bill C-5.

The general youth population is increasing, which is expected to affect the demand for youth justice programming and apply additional pressures on the provinces and territories. There is a need to respond more effectively to the diversity of risks and needs of today's youth population. The new funding will therefore enable the sustainability and expansion of critical and more responsive youth justice services and programs.

Our government also re-profiled $40 million in funding for criminal legal aid, provided through the 2020 fall economic statement to 2021 and 2022-23. The COVID pandemic generated significant multi-faceted and long-term impacts on legal aid in Canada. It also produced socio-economic conditions that foster high demand for legal aid, while simultaneously complicating the delivery of legal aid services and limiting non-governmental income sources such as law foundations. This additional investment of $40 million in criminal legal aid funding provided over two years is allowing legal aid plans to better align themselves with the reopening of the courts and provide services to accused people whose cases are backlogged. The additional funding also addresses deficits resulting from decreased law foundation funding and supports legal aid plans in fully implementing technological innovations and ensuring interoperability with the courts.

Vulnerable populations, including low-income individuals and women, have been disproportionately affected by the pandemic. In view of their mandate to help the disadvantaged, some legal aid plans relaxed eligibility guidelines early in the pandemic to support individuals facing job loss.

As the courts reopen, they are dealing with backlogs of cases accumulated during the pandemic. The additional funding for criminal legal aid will enable jurisdictions to meet increased demand, thereby reducing the number of individuals who self-represent. Self-represented accused people cost the system both money and time because of adjournments, multiple court appearances, a lack of information and confusion about proceedings. We are continuing to provide additional needed support to the legal aid system to address these systemic pressures so the justice system remains accessible to all Canadians.

The past decades have seen a criminal justice system characterized by the increasingly disproportionate representation of indigenous and Black persons and vulnerable persons such as those experiencing a mental health and/or substance use disorder. The 2020 fall economic statement announced $6.6 million over five years, followed by $1.6 million annually, to support the implementation of impact of race and culture assessments, or IRCAs, nationally. From this, $1.3 million is available for 2022-23. IRCAs are better pre-sentencing reports that help sentencing judges better understand the effects of poverty, marginalization, racism and social exclusion on the offender and their experience with the criminal justice system.

Federal funding will support the development of training curricula for IRCA writers, professional development programs for criminal defence lawyers and Crown prosecutors, and education programs for judges on IRCAs and on the preparation of IRCA reports for eligible racialized accused. The Government of Canada is committed to providing fair and equal access to justice for Black individuals and other racialized people by addressing systemic racism and discrimination in the criminal justice system and overturning a decade of failed Conservative criminal justice policy.

Building on previous investments, budget 2021 also announced an investment of $26.8 million for 2021-22 to support the delivery of immigration and refugee legal aid services. This funding supports access to justice for economically disadvantaged asylum seekers by ensuring that provinces delivering immigration and refugee legal aid have the capacity to maintain service delivery levels. This includes the processing of many asylum claims from individuals who arrived in Canada prior to the pandemic-related border closures, those who made asylum claims from within Canada during the pandemic and those who are now arriving at Canada's borders.

Additionally, the 2020 fall economic statement provided $49.3 million over five years, starting in 2021, and $9.7 million in ongoing funding to increase the application of Gladue principles in the criminal justice system to help address the overrepresentation of indigenous people and address systemic discrimination. As the House is aware, Gladue principles seek to ensure the systemic or background factors that may have played a part in bringing an indigenous person in contact with the law are considered in criminal justice decision-making, and that community-based, culturally appropriate restorative and traditional indigenous justice supports are available to help individuals meet the conditions of their sentences and implement healing plans.

This investment includes funding to support the development and expanded use of Gladue reports, including the training of Gladue report writers, and will support community-based and indigenous-led post-sentence Gladue aftercare. This funding will also support projects focused on addressing systemic barriers and bias in the criminal justice system. The implementation of Gladue principles in the criminal justice system is also a key federal initiative in the Government of Canada's federal pathway to address missing and murdered indigenous women, girls and 2SLGBTQQIA+ people.

Finally, building on the success of our existing work to address overrepresentation in the criminal justice system, and to improve indigenous people's access to justice in all areas of the justice system, budget 2021 provided $27.1 million over three years for indigenous community-based justice programs to address long-standing program integrity needs and to provide trauma-informed training on working with victims of crime. Funding will also help indigenous families navigate the family justice system and access community-based family mediation services.

Among other objectives, these efforts seek to prevent crime and protect victims by addressing matters before they escalate. They also aim to help decrease the disproportionate number of indigenous children in care across the country and allow these children to remain with their families where appropriate and connect to their communities and culture where possible. In tandem with support for the implementation of Gladue principles, this work will further support the Government of Canada's efforts to advance reconciliation with indigenous peoples in Canada, eliminate systemic discrimination from the justice system and respond to the MMIWG final report's calls for justice and the Truth and Reconciliation Commission's calls to action.

Through the main estimates, we are seeking to access the funding to support these initiatives this year. I am thankful for the opportunity to speak on the critical steps we have taken to support the justice system, and I hope that all members of the House will support these estimates to advance this important work in criminal justice reform.

Rob Morrison Conservative Kootenay—Columbia, BC

Thank you, Mr. Chair.

Thank you to the witnesses on a Friday afternoon. I appreciate their input, especially on such an important bill, Bill C-5.

Ms. Durham, thank you for being here today. I know it's hard for an individual to come before a parliamentary committee and make a speech. I really appreciate your being here today.

What's important, I think, for us in the committee, is understanding the differences between rural and urban. When people haven't been exposed to some of the rural challenges, it's nice to hear from those who come from a smaller community, such as Cranbrook. I'm well aware of the issues Cranbrook is having: challenges with assaults, vandalism, break and enters, and arson. It almost seems as though it's a bit of a revolving door, with the local police having their hands tied in terms of being able to do any kind of incarceration. The same individuals are continually committing the same offences.

Two and a half years ago, Cranbrook was a community where people moved to raise their children, because it was safe, fun and, of course, in the middle of the Rocky Mountains, so it's a pretty beautiful place. Today, it's changed dramatically. The crime increase has been huge. The opioid crisis, like everywhere—a lot of places in Canada—is spinning out of control. Of course, the opioid overdoses are frequent, if not every day.

I do know, too—you might not be aware—that the city mayor and council brought in British Columbia's attorney general to address the fact that small communities are not designed to handle some of the issues that come along with the opioid crisis and violence, with their smaller police forces. I'm sure our Quebec police officer can attest to this. They just can't handle the challenges in smaller communities. The attorney general, of course, said it was a federal problem with Bill C-75, which is catch-and-release, and threw it back to the federal side.

You're not only an individual victim but also a business owner. Talking to a couple of businesses.... One problem is, when they get repetitive break and enters, the amount of damage done is so much that, now, where they used to donate $50,000, $60,000 or $80,000 to non-profit organizations, all that money is going into repairs and in trying to build back their losses.

I wonder if you could comment on that for a second.

Bill C-5Statements by Members

May 10th, 2022 / 2:15 p.m.


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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Mr. Speaker, the city of Cranbrook is family friendly, but that reputation is under threat because of Bill C-75's existing offender release legislation. Bill C-5, now being studied at the justice committee, would remove mandatory minimum penalties and introduce new catch-and-release conditional sentencing orders. This would make the existing situation worse. In fact, the Attorney General of B.C. has acknowledged the problem and pointed a finger right at the federal government's legislation.

As we work to address the opioid crisis, Canadians should not be left to accept criminal behaviour, vandalism or violence in our communities. Residents have had enough. Individuals are being threatened with machetes. Businesses are being broken into, and students are being intimidated at work. How many other small communities across Canada have the same situation?

As we consider Bill C-5, we must pursue legislation that serves to make our communities safer. This will only be realized when the government stops aiding offenders and begins to prioritize victims.

JusticeAdjournment Proceedings

April 27th, 2022 / 7:05 p.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I am pleased to have an opportunity to speak to Bill C-5, particularly to dispel some possible misunderstandings about the impact these sentencing reforms would have on the human trafficking regime in the Criminal Code.

Some critics of this bill suggest the proposed reforms would allow hardened human trafficking offenders, who may be linked to organized crime or who are otherwise observing harsh sentences, to serve their sentences at home. This is simply not true.

Currently, all offences that carry mandatory minimum penalties of imprisonment in the Criminal Code are ineligible for a conditional sentence. Bill C-5 would not change this. If the proposed reforms were to pass, offences carrying MMPs would continue to be ineligible for conditional sentences. To be completely clear, the offence of human trafficking, as well as any child-related trafficking offences, carries mandatory minimum penalties of imprisonment and thus would continue to be ineligible for a conditional sentence.

I want to make clear that when there is no MMP for any provision, CSOs can only be considered by the court in a specific set of circumstances. Namely, where a sentence of less than two years is appropriate, where serving the sentence in the community would not endanger the same of the community, and where such a sentence would be consistent with the fundamental purpose and principles of sentencing, including deterrence and denunciation.

Our government is committed to fighting human trafficking. With former bill, Bill C-75, which came into force in June of 2019, we took measures to facilitate the prosecution of human trafficking offences under the Criminal Code.

In September of 2019, we launched the national strategy to combat human trafficking, which brings together federal efforts and is supported by an investment of $57.22 million over five years and $10.28 million ongoing. This builds on previous investments of $14.51 million over five years and $2.8 million per year to establish a Canadian human trafficking hotline, which launched in May of 2019.

In February of 2021, we also launched the national human trafficking public awareness campaign to raise awareness among Canadian youth and parents of the misperceptions of human trafficking and increase understanding of the warning signs.

Our government has taken strong measures to combat human trafficking at it roots, instead of fuelling the ideological tough-on-crime narrative, which has not proven to be true empirically, has not served our communities and has not made us safer nor helped victims.

Let me be very clear. Human trafficking is a serious offence for which courts impose stiff, denunciatory terms of imprisonment in the majority of cases, and that is what we and all Canadians expect from a court system. I have the utmost faith that, after the passage of Bill C-5, sentencing courts would continue to impose fit and appropriate sentences that reflect the seriousness of each offence and the moral blameworthiness of the offender before them in all cases.

Stéphanie Bouchard Senior Legal Counsel and Director, Policy Centre for Victim Issues, Criminal Law Policy Section, Department of Justice

Thank you for the opportunity to provide information on Justice Canada's measures that support the implementation of the Canadian Victims Bill of Rights.

Former Bill C-32, an act to enact the Canadian Victims Bill of Rights, came into force in 2015. It gives victims of crime statutory rights to information, protection and participation and to seek restitution at the federal level. The 2015 amendments included related law reforms on testimonial aids, victim impact statements and restitution, and introduced a new community impact statement provision.

As required by the Canadian Victims Bill of Rights, Justice Canada has established a complaint process to address any alleged breaches of victims' rights, and prepares annual reports on this process.

The development of the Canadian Victims Bill of Rights Act was informed by significant input from the provinces, territories and broad public engagement, reflecting the shared responsibility for the criminal justice system. As the committee knows, the federal government is responsible for the development of criminal law and procedure, much of which is set out in the Criminal Code. Provincial and territorial governments are principally responsible for the administration of justice, which includes enforcing and prosecuting offences and providing victims services.

Justice Canada supports work on victims issues through several key initiatives. The department leads the federal victims strategy, which seeks to improve the justice system for victims through funding, law reform and policy initiatives. Since 2015 almost $78 million in federal funding through the victims fund has been invested in provinces and territories to assist them with implementation of the Canadian Victims Bill of Rights and victim-related legislation, and to develop or enhance victims services. For example, funding has been used to support restitution recovery programs, testimonial aids for adult and child victims and witnesses, training on victims' rights, public legal education materials, and building victims services capacity and accessibility.

Justice Canada is also supporting innovative victims service models, such as the family information liaison units. These are culturally grounded and trauma-informed teams that work with family members of missing and murdered indigenous women. Justice Canada funding is also supporting expanded access to independent legal advice for victims and survivors of sexual assault and intimate partner violence.

Criminal Code reforms since 2015 have furthered the implementation of the Canadian Victims Bills of Rights. A few examples include that in 2018, former Bill C-51 amended the Criminal Code to clarify and strengthen Canada’s sexual assault regime, including building on former Bill C-32 by providing a complainant with the right to counsel during a rape-shield provision. In 2019 former Bill C-75 enhanced measures to better protect against and reflect the serious nature of intimate partner violence, and strengthened the victim surcharge provisions.

Most recently, following the adoption of former Bill C-3 in 2021, in order to be eligible for appointment to a provincial superior court, candidates must agree to participate in continuing education on matters related to sexual assault law and social context.

Justice Canada continues to support broad research to identify trends as well as take note of how victims' rights are exercised in the criminal justice system and the impacts of the Canadian Victims Bill of Rights. This research informs our ongoing work.

Information-sharing and awareness-raising play a key role in justice system transformation. To that end, the department continues to support various public legal education opportunities and collaboration with partners. In addition to publishing fact sheets on victims' rights and designing new tools for police and other professionals, Justice Canada hosts the national Victims and Survivors of Crime Week, as well as webinars and knowledge exchanges. The victims week has been a huge success. It brings experts together to discuss ways to make our collective commitments to victims more effective.

Lastly, I would note that the Office of the Federal Ombudsman for Victims of Crime was created in 2007. It is at arm’s length from the federal government. The ombudsman’s mandate is focused on areas of federal jurisdiction. There have been three ombudspersons appointed to date. A new GIC appointment process is currently under way.

In conclusion, I would say that Justice Canada continues to prioritize work to support victims of crime. Implementing the Canadian Victims Bill of Rights is an ongoing process, requiring actions from all levels of government working within their areas of responsibility in relation to victims' issues and victims' rights, and significant collaboration takes place across federal–provincial–territorial networks to ensure that their measures are coordinated.

We look forward to answering any questions you may have.

Resumption of Debate on Address in ReplySpeech from the Throne

December 2nd, 2021 / 10:10 a.m.


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Conservative

Larry Brock Conservative Brantford—Brant, ON

Mr. Speaker, I will be sharing my time this morning with my hon. colleague from Mission—Matsqui—Fraser Canyon.

It is an absolute honour and privilege to rise and reply to the Speech from the Throne. I listened very carefully to the speech and identified two concerning issues that I heard repeatedly while knocking on thousands of doors during the past election campaign, namely the escalation of crime, particularly gun offences, and the failure of the Liberal government to prioritize a meaningful relationship with our indigenous neighbours.

The safety and security of Canadians must be the top priority for the government. As a former Crown attorney, I am deeply concerned about the escalation of crime in Canada and particularly in my riding of Brantford—Brant. Unfortunately this topic was completely neglected in the throne speech, despite many details published by the Canadian Centre for Justice and Community Safety statistics.

The report shows that in 2020, Canadian police services reported over 2.2 million Criminal Code and other federal statute violations of which 743 were homicides, which is 56 more than the previous year. Let me repeat that number: 743 people killed in Canada last year and yet there is no plan to reduce the escalation of crime in the throne speech. Canadians deserve better. My riding deserves better. People want to feel safe and protected in their home and communities. The Liberal government must stop playing politics and pushing its ideological agenda. It must fight crime and finally end these horrible trends in Canada.

The fact that crime was not addressed in the Speech from the Throne did not surprise me. If we reflect on the Liberal government's track record on this issue, we would see that there is nothing new here. In 2019, the Liberal government, while having a majority in the House of Commons, put into effect Bill C-75, the criminal justice bill. Liberals were claiming that the bill was designed to reduce sentences for milder offences, but the reality was that it implemented softer sentences for serious violent crimes including participation in an activity of a terrorist group, abducting a child and participation in activities of criminal organizations, just to name a few.

In 2020, the same Liberal government tabled a bill colloquially known as the “no more jail time for criminals” bill, which proposed to reduce jail time for dangerous offenders. If implemented, it would have allowed individuals found guilty of horrific crimes like sexual assault, arson and kidnapping to serve their sentence under house arrest instead of real jail.

It would also remove mandatory jail time for anyone who commits robbery with a firearm, trafficking in crystal meth and criminals who smuggle firearms across the Canada-U.S. border. When talking about the smuggling of firearms across the border, it is very concerning during the last session when the Liberal MPs, with the support of their loyal and faithful NDP friends, voted down the Conservative bill that had been designed to address the prevalence of smuggled weapons and the rise in gun crime.

The “soft on crime” agenda is simply irresponsible and dangerous. The Liberal government must do better to ensure the safety and security for everyone wherever they live in Canada.

For six years, in throne speech after throne speech, we heard the same rhetoric: the government is going to get handguns and assault weapons off the streets; we have to focus on reducing gun violence, we have seen the devastating effects of gun violence; too many lives lost; too many families shattered; time to show courage and strengthen gun control; the government will invest to help cities fight gang-related violence. Now, in 2021, our throne speech makes one opening statement: The Liberal government will ensure that it will take steps to allow our communities to be safe.

During the election campaign, the Prime Minister promised to give $1 billion to provinces and territories that want to ban handguns, but the reality is this would not lower gun violence, as almost 80% of the guns used to commit crimes in Toronto, for example, are illegal handguns originating in the United States. As quoted in the press recently, “Since criminals aren't deterred by the Criminal Code, it's a given they won't be deterred by any provincial legislation or municipal bylaws.”

The Prime Minister and his government know this. The 2018 paper by Public Safety Canada “Reducing Violent Crime: A Dialogue on Handguns and Assault Weapons” reports that the vast majority of owners of handguns and other firearms in Canada lawfully abide by requirements; that most gun crimes are not committed with legally owned firearms; that any ban of handguns or assault weapons would primarily affect legal firearms owners; that jurisdictions differ in their approaches to controlling handguns and assault weapons; and the data do not conclusively demonstrate that these handgun or assault weapon bans have led to any reductions in gun violence.

The former minister of public safety and former Toronto police chief told The Globe and Mail in 2019 that banning handguns would not work because most illegal guns are smuggled into Canada from the United States. The former minister was quoted as saying:

I believe that would be potentially a very expensive proposition but just as importantly, it would not...be perhaps the most effective measure in restricting the access that criminals would have to such weapons, because we'd still have a problem with them being smuggled across the border.

The Prime Minister is now poised to reintroduce legislation that died on the Order Paper when the election was called last August to remove minimum sentences for many gun-related offences, including robbery with a firearm, discharging a firearm with intent, reckless discharge of a firearm and possession of a prohibited or restricted firearm with ammunition. This is another example of the government's soft-on-crime agenda that will not reduce gun crime.

The Prime Minister and his government are completely tone deaf on what it takes to keep our community safe. It is time to target the real source of the problem. It is time to take bold and decisive action to strengthen our borders, provide the maximum support to our Canadian border agents and work in partnership with the U.S. authorities to stem the tide of illegally smuggled firearms.

On September 30, I proudly attended the ceremony on Parliament Hill and stood shoulder to shoulder with indigenous and non-indigenous Canadians, reflecting and honouring the victims and survivors of the residential school system. The good people of Brantford—Brant sent me to Ottawa for this purpose. I am honoured to represent my riding, which includes the largest first nations reserve in Canada. On the National Day for Truth and Reconciliation, I did not take a personal day and spend it on a beach.

This year's throne speech was delivered by the Her Excellency the Right Hon. Mary Simon, the first indigenous person ever to hold the position of the Governor General of Canada. As Canadians, we are very proud of this historic moment. This past summer, the collective consciousness of all Canadians was shocked and saddened with the discovery of unmarked graves at the sites of former residential schools. It is our collective responsibility to accept the truth and reflect on the failed and tragic policies of our previous leaders.

Six years ago, the Truth and Reconciliation Commission presented its final report. It presented 94 calls to action to help redress the legacy of residential schools and advance the process of Canadian reconciliation. Under the watchful eye of the Prime Minister, the Liberal government has failed to implement the vast majority of them. According to a 2020 status update on the Truth and Reconciliation Commission calls to action conducted by the Yellowhead Institute, only eight actions had been implemented. At this rate, it would take until at least 2062 to complete all 94 calls.

I am honoured to represent my riding, which includes the largest first nations reserve. Throughout my entire life, and especially during the campaign, I have had many opportunities to discuss the myriad of issues that people on reserves are facing every day. As their representative in Ottawa, I will fight tooth and nail for their interests. My—

Income Tax ActPrivate Members' Business

June 4th, 2021 / 2 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, I disagree very much with the previous three speakers, so much so that I am not even sure I am going to refer to the notes that I have in front of me, but let me see if I can make some sense out of the nonsense that I have heard and the falseness of the arguments that have been presented about this very important Private Members' Bill.

In recent years, we have seen crime rates rise across Canada and that crime is getting more severe. This is especially true in rural Canada. In 2017, the crime rate was 23% higher than in urban centres. In some parts of the country, particularly in the Prairies, it is staggeringly higher: between 36% and 42% higher. While provincial governments have responded with concrete measures to tackle this serious issue, the Liberal government has not only refused to take any meaningful action, but has actually made the situation worse.

I want to thank my colleague for Prince Albert for introducing this Private Members' Bill, Bill C-234. This bill seeks to create a non-refundable tax credit for home security measures. It is unfortunate that this bill is necessary, but the Liberal government refuses to undertake the necessary reforms to our justice system, something that no one from the Liberal Party, the Bloc or the New Democratic Party wants to talk about. This is necessary to protect rural Canadians. The issue is the justice system.

We need to do what we can to support Canadians in their efforts to acquire and put in place the devices and mechanisms so that they can feel safe, or at least have some semblance of feeling safe, in their homes.

During a recent study, the Standing Committee on the Status of Women heard testimony from two women who had been repeat victims of rural crime. These women spoke about the toll it takes on a person's mental health when they are constantly worried about being victimized over and over again. They spoke about how repeat offenders from outside their communities target them because they know that help from law enforcement is a long way away, and that if the police come to the scene the criminals are already usually long gone.

They told us how the vast majority of people in their communities have been victims of crime, often more than once, and that many people do not even bother reporting crime anymore: They do not see the point because the justice system continues to let them down. They also spoke about how these criminals are more often armed with firearms and are not afraid to use them, yet shamefully the Liberal government is cracking down on farmers and hunters and law-abiding firearms owners while softening punishments for criminals who use their firearms illegally.

The idea that Canadians are giving up on the idea of justice should be of deep concern to all members of Parliament. When people see that the system does not work for them, they lose confidence in it. When that system is the police and the courts, the consequences of inaction are dire. It is already starting to happen: An Angus Reid poll from January 2020 found that confidence in the RCMP, local law enforcement and the criminal courts has been declining steadily since 2016. The same poll noted that in 2020, 48% of Canadians said they noticed an increase in crime, while only 5% of Canadians thought there had been a decrease.

People may be wondering how we got here. I grew up on a farm. When I was a young man, we were not particularly worried about crime at all. We could leave our doors unlocked when we worked in the fields or went into town. We could leave keys in the ignition of our pickup trucks with the windows rolled down when we parked in town to go into a store for a few minutes. We did not wake up at night scared that someone was armed and prowling around our yards looking to help themselves to our property. The only problem we really ever had was that once in a while, somebody would come into the yard, pull up to the gas tank and fill up their car.

However, the world is a different place now. For the past five years or so it has been getting worse. When it comes to rural Canada out west, the Liberal government does not get it or simply does not care, as we have seen from the member for Kingston and the Islands. He never mentioned crime, which is what this bill is all about. He never mentioned the justice system, which is what this bill is all about. He never mentioned that businesses can write off all of the things that this bill proposes to do, but private citizens cannot. He never mentioned those things at all.

Very often it seems that rural Canadians are the last of the Liberals' worries. Policies that are touted as landmark achievements of the government are typically at the expense of rural Canadians: the carbon tax, the tanker ban, the no-more-pipelines bill and the gun grab, just to name a few.

Another extremely damaging policy that has contributed to the increase in rural crime is Bill C-75 from the last Parliament. Bill C-75 took a number of very serious offences and made them hybrid offences so that they could be dealt with through a fine or a minimal amount of jail time. It also made the requirement that bail be given at the earliest opportunity with the least onerous conditions.

My colleague's legislation was brought forward, in part at least, in response to the Jordan decision by the Supreme Court of Canada. This decision clarified that the timeline for a trial to begin is in order for the Crown to uphold the constitutionally protected right to trial in a reasonable amount of time.

One would think that if the justice system was backed up with numerous serious cases, to the point where trials were being thrown out, the logical decision would be to increase the capability and capacity of the justice system to appropriately deal with it.

This would have allowed accused individuals to have their right to a fair trial upheld in a timely fashion and kept public safety and the administration of justice as a key objective for the security of Canadians.

Instead, the Liberals took the path of least resistance and decided to clear up backlogs of serious offences by giving prosecutors the ability to offer light sentences for serious offences. They also ensured that more people got out on bail just for good measure. The Liberal government, through its changes, took the already quickly revolving door of the justice system and made it spin even faster.

For rural communities, this meant that offenders who regularly target residents would be back on the street shortly after being arrested. In rural Canada, where a small RCMP detachment can be responsible for a vast geographic area, the government has created an almost impossible task. Instead of getting tough on crime, which I vividly recall our current Attorney General of Canada referring to as “stupid on crime”, the government decided to put criminals' needs ahead of victims and their families in rural communities.

It is important to note that those tough-on-crime policies that the Minister of Justice smirked at were hugely successful at reducing the crime rate and the crime severity index and in instilling confidence in our justice system. Instead of doubling down on our Conservative formula and putting public safety at the heart of the justice system, the Liberal government has now also introduced Bill C-22. This bill slashes punishments for a number of serious firearms-related offences and ensures that all of the offences that the Liberal government hybridized in Bill C-75 are now eligible for conditional sentencing, which basically means jail time in one's house.

My constituents are absolutely shocked at the Liberal government's decisions to put the wants and desires of criminals above the needs and safety of law-abiding Canadians. Instead of providing them with assurances that the government understands the issue and that they are working to restore confidence in our justice systems, the Liberals have done the complete opposite.

That brings us back to Bill C-234. This bill is starting down the path of trying to correct what the Liberals have broken since forming government in 2015. Since that time, we have seen crime increase in frequency and severity, yet the Liberals have taken no meaningful steps to curtail it, only to exacerbate it. That is why my Conservative colleagues and I have formed a Conservative rural crime caucus to come up with solutions to this epidemic that the Minister of Justice and Attorney General cannot seem to be bothered with.

The legislation that we are discussing today is a great first step in addressing the rural crime epidemic. It will help Canadians get the tools that they need to protect themselves and their homes from criminals by providing a non-refundable tax credit. Tools like security gates and other access control devices to keep the yard safe could help deter criminals by preventing access and making it harder for criminals to target a rural property. Cameras and alarms could help provide valuable information that law enforcement could use to hopefully identify and catch these criminals, even if they are not able to respond while the crime is in progress because they are so far away.

While this bill is an important step, Conservatives understand that it cannot be our only step. Deterring criminals to find a less prepared victim is not a permanent solution. To that end, I was pleased to introduce my private member's bill, Bill C-289, back in April. It seeks to create an aggravating factor for targeting people or property that is experiencing increased vulnerability due to its remoteness from emergency police or medical services.

My bill would also seek to make existing aggravating factors for home invasion more inclusive of rural properties and face the realities of rural crime. Last, Bill C-289 would ensure that a judge would give careful consideration as to why an offender did not get bail when the judge is considering extra credit for time that was served before the trial.

Rural crime is a complex issue. Given the unique challenges posed by geography and more humble resources in many of the communities, it requires a thorough, multi-faceted approach, and the federal government needs to be an engaged partner. In fact, over a year ago, there was agreement for the provincial and federal government to create a pan-Canadian working group on rural crime. We have heard nothing about this since then from the Liberal government. While the governments across the west in the provinces have been quick to back up these words with action, we have seen no movement from the Liberals at all. The provinces have done an admirable job, but we cannot escape the reality that this is an issue that requires federal leadership.

This should not be a difficult decision for the government, so it raises the question of why the government is so opposed to doing the right thing. Is it because the government really has no understanding of the challenges facing rural Canadians? Is it because rural crime is disproportionately an issue based in the west and the electoral math does not portray it as a worthwhile initiative when there are plenty of policies that the government still wants to enact? Is it because the Minister of Justice is so blinded by ideology and so committed to his hug-a-thug plan that he is willing to let rural Canadians bear the cost of his inaction?

Canadians have a right to life, liberty and security of the person. For rural Canadians in many parts of our country, the Liberal government is not creating the conditions for those rights to be realized.

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

Thank you.

We are pleased to be here today to discuss the Canadian Victims Bill of Rights and related efforts by the Department of Justice.

Ensuring access to justice for victims of crime and giving them a more effective voice in the criminal justice system has been a long‑standing commitment of the federal government.

Federal policy and legislative and programmatic measures in support of this commitment have been coordinated through the federal victims strategy. Established in 2000, this horizontal strategy is led by Justice Canada and includes Public Safety Canada, Correctional Service Canada, the Parole Board of Canada and the Public Prosecution Service of Canada.

The Canadian Victims Bill of Rights is an important cornerstone for continuing federal efforts to support victims of crime. Enacted in 2015, the CVBR gives victims of crime four statutory rights: the rights to information, to protection, to participation and to seek restitution. These rights apply throughout the criminal justice process. The CVBR also requires, to the extent possible, that all federal statutes be interpreted in a manner consistent with victims' rights under the CVBR. It provides a mechanism for victims to file a complaint when these rights have been breached by a federal department or agency.

As the committee knows, responsibility for our criminal justice system is shared between the federal, provincial and territorial governments. The federal government is responsible for criminal law and procedure, much of which is set out in the Criminal Code, as well as the Corrections and Conditional Release Act. Provincial and territorial governments are responsible for the administration of justice, which includes enforcing and prosecuting Criminal Code offences, delivery of victim services and enacting their own victim legislation.

Since 2015, significant individual and collaborative measures have been taken by all governments to advance and strengthen implementation of victims' rights. For example, at the federal level, early actions to support the right to information focused on creating a series of fact sheets about victims' rights and related Criminal Code provisions. These have recently been made available in 11 indigenous languages.

Federal funding was also made available to provincial and territorial victim services to create or update their public legal education and information materials for victims, victims' advocates and criminal justice professionals, in addition to training on the CVBR.

The right to information has also been supported through the design and delivery of new models of victim-centred services. The creation of family information liaison units across Canada in 2016 has ensured that family members of missing and murdered indigenous women and girls have all the available information they are seeking about their loved ones as well as access to community-based supports. Justice Canada has also supported the right to participation through funding to the provinces and territories for the provision of testimonial aids to facilitate victim testimony.

Victims' rights to information, protection and participation have also been supported by federal funding for independent legal advice and representation programs for victims and survivors of sexual assault. These are currently being piloted in a number of jurisdictions in Canada. Justice Canada has also worked closely with provincial and territorial victim services to fund their design and delivery of jurisdiction-specific restitution programs.

Law reform continues to be an important tool to affect change and to implement victims' rights. In addition to the criminal law reforms that accompanied the CVBR, some recent legislative reforms support victims' participation and protection rights. For example, the recently enacted Bill C-3 requires candidates seeking appointment to a provincial superior court to participate in continuing education in sexual assault law and social context. It also requires judges to provide reasons for their decisions in sexual assault cases.

The former Bill C-75 on criminal justice system delays enhanced victim safety, particularly for victims of intimate partner violence, including at bail and sentencing. It also re-enacted a new victim surcharge regime—an important source of revenue for provinces and territories—in response to the Supreme Court's decision in R. v. Boudreault.

Following enactment of the CVBR, federal departments and agencies whose mandates involve working with victims of crime have implemented formal complaints mechanisms for victims. Justice Canada prepares an annual report on complaints and publishes it online. Provinces and territories also have their own complaint mechanisms.

Those are the items I'd like to highlight for Justice Canada.

Thank you.

Sex-Selective Abortion ActPrivate Members' Business

May 28th, 2021 / 2:15 p.m.


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Ottawa West—Nepean Ontario

Liberal

Anita Vandenbeld LiberalParliamentary Secretary to the Minister of National Defence

Madam Speaker, I am here today to speak to private member's bill, Bill C-233, an act to amend the Criminal Code, sex-selective abortion, at second reading.

I really wish I did not have to do this. I am, quite frankly, disappointed that I have to spend time in the year 2021 on the abortion debate in Canada, when a woman's right to choose has been law for over 30 years. It really is unfortunate that members of Parliament are still seeking to restrict that right.

The sponsor claims that this bill is to address sex-based discrimination. To achieve that goal, this bill would create a new Criminal Code offence prohibiting doctors from performing an abortion when they know it is being sought solely on the grounds of the genetic sex of the fetus.

While I note that the offence is ostensibly aimed at doctors, I must point out that it would also criminalize women as parties to the offence. Make no mistake, Bill C-233 will limit a woman's right to choose by doing this. Criminalizing a woman for seeking an abortion is a violation of the fundamental rights of women in Canada, and it is just plain wrong.

I would like to speak to what we know about the impact of using criminal law to regulate abortion. We need not look further than Canada's own legal history of abortion regulation and its impact on Canadian women. That history reflects what the international evidence tells us. Criminal restrictions on abortion result in women having less access to them, and having less access negatively impacts women's equality rights.

Let us take a look at how we got to where we are today. Currently, no criminal offences apply to abortion, and the provinces and territories are responsible for providing safe abortion services to Canadian women. However, we must not forget that, until 1969, abortion was absolutely prohibited in Canada. That meant that very few, if any, safe options were available to women. Women were forced to either bring an unwanted pregnancy to term or access unsafe and unregulated methods such as back alley abortions, which often led to infection and death.

Women who sought abortions also risked criminal sanctions, and doctors who provided safe abortions risked punishment. Many of us will remember Dr. Morgentaler. He was incarcerated for saving women's lives. He risked his own safety to champion women's rights and for that he was awarded the Order of Canada in 2008.

I cannot emphasize enough how much we do not want to return to that era. I am proud to live in a country where women have safe access to abortion and do not need to worry about criminal reprisals. Again, I am very disappointed to be here today having to fight against an attempt to limit these hard-earned and important rights.

The evidence before the court in the Morgentaler case highlighted the medical risks and psychological trauma restricting access to abortion caused women seeking abortion services in Canada, and the importance of affording women autonomy to make decisions about their own bodies. The provisions were found to violate women's security of the person rights.

This is because, and I quote Justice Bertha Wilson, the first woman justice of the Supreme Court, who said that those provisions asserted that, “the woman's capacity to reproduce is to be subject, not to her own control, but to that of the state.”

The court found the violation of women's rights by limiting access to abortion to be completely unacceptable, and so do I. The court has been very clear on this front, and I think that a court could also find this legislation unconstitutional for the same reasons, should it pass.

The 1969 provisions remained in the Criminal Code, but were unenforceable until they were repealed in 2019 by our government in the former Bill C-75. Other related abortion offences were repealed by our government in 2018 in former Bill C-51. Even though they were inoperable, I am proud that our government took the important step to remove these discriminatory provisions.

It took more than 100 years to remove abortion-related criminal offences from our Criminal Code, which is, frankly, a shameful mark. However, again, I am quite proud to be part of the government that finally removed them from the books, and I have no intention of supporting any attempt to add them back.

Consistent with the Canadian experience, international research has shown that using the criminal law to regulate any aspect of abortion results in barriers to accessing abortion services, which contributes to gender inequality. For example, international research indicates that laws restricting the use of technology for sex selection purposes, as well as sex-selective abortions, are likely to have harmful impacts on women. These impacts include women seeking unsafe procedures that fall outside regulations, protocols and monitoring.

I fail to see how criminalizing women who choose sex-selection abortion, perhaps because of familial pressure to do so, protects them, or other women for that matter, from discrimination. Rather, a criminal law response is more likely to detract from women's equality rights by creating barriers to accessing abortion.

The United Nations recommends combatting this form of discrimination by addressing the root causes of gender inequality. This includes focusing on advancing access to education, health services and economic resources for women and girls. I am pleased to note that our government has made significant investments to advance gender equality, guided by women and the framework for assessing gender equality results, introduced in budget 2018.

Criminalizing women seeking abortion is not the solution to this problem and would be a massive step backwards for this country. I cannot emphasize enough how disappointed I am to see that there is yet another attempt in this bill to limit a woman's right to choose.

In Canada, I am proud to say that abortion is treated like the medical service that it is and falls within the responsibility of the provincial and territorial health sector. All medical procedures are subject to medical professional standards.

Ultimately, what could happen if we were to enact an offence such as this? Perhaps doctors would refuse to provide abortion services out of fear of criminalization, because they believe their patient may be choosing abortion for the wrong reasons. Perhaps a woman who needs access to an abortion would be afraid to seek it out in case she is reported and charged for having done so. Perhaps women from certain communities would be denied access to abortion based on discriminatory views about their reason for seeking it. In short, I fear that this bill could undo decades of arduous work to ensure that women never face these barriers again.

I was really disappointed to see the Leader of the Opposition indicate that his caucus will be allowed a free vote on such a fundamental issue as protecting women's right to choose.

I hope that members of the Conservative Party who are currently heckling me will recognize, as all other members of this House do, how important it is to protect equality rights for women in Canada and join me and the government in voting against this proposed legislation.

Public SafetyOral Questions

May 3rd, 2021 / 3 p.m.


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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, Durham region was shaken by two shootings in Ajax last week, which appear to be gang related. According to Statistics Canada, the number of gang-related murders since the Liberals first took office has been higher ever single year than any year under the previous Conservative government. The Liberal government's soft-on-crime approach through bills like Bill C-22 and Bill C-75 has made Canada a safe haven for gang activity.

When will caring about gang violence, the true source of gun crime in Canada, become a priority for the Liberal government?

Criminal CodeGovernment Orders

April 13th, 2021 / noon


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, I will be splitting my time with the member for Desnethé—Missinippi—Churchill River.

It is a privilege to rise and represent the constituents of Red Deer—Lacombe in this debate, who would be mortified, I believe, to know what the legislation is actually proposing to do to our criminal justice system, notwithstanding the words coming from government MPs.

Let me start with a little bit of context. I am the chair of the Conservative rural crime caucus and had the pleasure of helping to create a document in 2018 that we published as MPs from rural Alberta. Virtually every one of my colleagues from rural Alberta participated in this. We consulted and talked to a wide variety of people in our province. We talked to victims. We talked to rural crime watch people. We talked to anti-crime organizations. We talked to victims-of-crime services and to law enforcement experts, and we produced a comprehensive, thorough and multifaceted report, which we then tabled at the public safety committee in the last Parliament. My colleague from Lakeland had a motion in that Parliament talking about rural crime.

I want to remind all colleagues in the House that crime in rural areas, and specifically here in western Canada, is significantly on the rise. It has been shown statistically. One does not have to go very far to look. A document from the Angus Reid Institute published January 10, 2020, shows that crime rates in Canada dropped precipitously from 1991 to 2014, falling more than 50% during that period. However, crime rates have ticked upward over each of the past four years for which data is available, and that trend is continuing. It shows that confidence is waning significantly in our law enforcement agencies, courts and provincial jurisdictions. It notes that it is more significantly happening in western Canada, and in the Prairie provinces in particular.

Colleagues can imagine that the proposed changes to this legislation would be somewhat horrific to my constituents who ask me about it. If anybody wants to read the report, “Towards a Safer Alberta: Addressing Rural Crime”, it addresses a lot of crime in general by addressing rural crime. I would encourage them to do so. It can be found on my website, www.blainecalkinsmp.ca. I would encourage people to have a look at it and see what good work MPs in western Canada have done to bring forward the concerns of our constituents.

I want to talk a little bit about the overall Government of Canada's approach since it became the government in the fall of 2015. I am not going to get into too much discussion about specific firearms legislation in Bill C-71 or Bill C-21, but I will talk about Bill C-75 and now Bill C-22, and the soft-on-crime approach that the government seems to have. The rationale that it is presenting seems to basically undermine the needs of victims in this country, especially when some of these crimes are certainly crimes against people. They are not just property crimes.

What are some of the things that the government has done? In Bill C-75, which could be called the prequel to Bill C-22, the government basically hybridized well over 100 offences in the Criminal Code. To those who wonder what that means, there are basically two ways in which a Crown prosecutor can proceed with charges before a justice. One of them is through an indictable offence. Until this bill came along, it usually carried with it a set of penalties for which there was a requirement to spend some time in jail or in custody. Then there is something called a summary conviction offence, which is the equivalent, I guess, of a U.S. misdemeanour. It usually carries with it a very small sentence or time served in jail, in lieu of being unable to pay a fine of some kind.

Here are some of the things for which the current government, in the previous Parliament, changed the sentences from mandatory indictable offences to hybrids. This allows the Crown to plea bargain away serious offences such as impaired driving, punishment for theft, both under $5,000 and over $5,000, possession of instruments for breaking and entering, selling automobile master keys and other items, enabling theft, possession of property, stolen property obtained by crime and, of course, importing or exporting property.

That just names a few offences. As I said, there were over 110 offences that the government essentially reduced the penalties for. In fact, it would now be possible for someone to get a summary conviction offence for abduction of a person under the age of 16 or abduction of a person under the age of 14. Those were also included in Bill C-75. It would now be possible to pay a fine less than someone would pay for failing to stop at a stop sign. That is the legacy of Bill C-75 in the first Parliament.

Now let us fast forward to Bill C-22 and take a look at what Liberals are removing mandatory minimum penalties or just basic minimum penalties for in the Criminal Code. First, there is using a firearm or an imitation firearm in the commission of an offence. Interestingly the government is removing Airsoft and paintball guns from possession completely for law-abiding citizens, but if a criminal is using a firearm or an imitation firearm in the commission of an offence, they will now get the pleasure of going home and sitting there, thinking about what they have done. Possession of a firearm, knowing that its possession is unauthorized, is the whole point. Rather than reducing penalties for people who knowingly use or are in possession of unauthorized firearms, the government is instead taking firearms away from law-abiding citizens who are co-operating with the government. It does not make any sense.

More items include possession of a weapon obtained by the commission of an offence. One of the biggest problems we have with rural crime is people going onto properties to steal vehicles, tools and other items that are easily saleable and marketable on the black market. People also, from time to time, go to these properties purposely looking for firearms to steal. Why on earth would the government want to make it less punishable for these types of thieves who are purposefully targeting establishments, casing rural farms and casing our communities?

Why would we reduce the penalties for individuals who are purposefully trying to steal firearms? These firearms end up on the streets of our cities and our communities and end up being used in the commission of offences. This makes no sense, but the government seems to think that this is a good idea.

Here is something we can categorize in the realm of the bizarre. Why on earth would the government remove any semblance of a minimum penalty for someone who was trafficking weapons and firearms? If we listen to police chiefs or victims' services people anywhere in major urban centres, crime is proliferating especially with the use of handguns and firearms in those communities. We know that most of those firearms are obtained illegally through theft or are smuggled across our border. I would think that the government would say it was going to crack down on smugglers, but it would seem that the government is encouraging smuggling while discouraging lawful ownership. Importing or exporting a weapon knowing it is unauthorized is called smuggling. The bill would reduce minimum penalties for that.

The next item is discharging a firearm with intent. Why would we reduce a penalty for somebody purposely discharging a firearm with intent? This makes absolutely no sense. The Liberal MPs are simply misleading the House and Canadians with what their true intent is with Bill C-22, and it is incumbent upon all of us with a conscience in the House of Commons, and with an eye to doing what is right for the law-abiding citizens that we represent, to defeat this irremediable piece of legislation.

Commr Brenda Lucki

I don't have the specific numbers since the onset of Bill C-75. I would have to get you [Technical difficulty—Editor] numbers with regard to the RCMP jurisdiction, and not the entirety of Canada, which would be a disservice because many of the areas that we police are not the centre of where this crime occurs. It tends to gravitate towards the bigger urban centres.

Colin Carrie Conservative Oshawa, ON

Maybe you can't answer the question, but I think it's quite obvious to anybody watching this right now that, when we had a chance to get tougher on these types of crimes, we actually made the penalties less severe.

You mentioned some statistics in response to my Bloc colleague about how many investigations you've done since 2019, when the Liberals changed this. You have been quite busy, and I understand the numbers. There were thousands of investigations, but how many charges have you actually laid since 2019, since Bill C-75 came into effect?

Colin Carrie Conservative Oshawa, ON

Thank you very much, Mr. Chair.

Commissioner, I want to explore a point that was mentioned by the ministers and you in regard to the international front.

I was honoured to be part of a round table in Oshawa, and I want to thank the Durham Regional Police human trafficking unit for that. They had representatives from the FBI and Texas. What I found out is if you commit these offences and human trafficking offences in the United States, there's a mandatory minimum of 10 years per person trafficked.

When the Liberals had a chance to do something about this in 2019, they passed Bill C-75, which turned human trafficking into a hybrid offence where somebody could serve fewer than two years in prison, or just pay a fine of $5,000.

What I wanted to ask you is this. As a police officer, if you wanted to have a disincentive to doing this type of business in Canada, what do you think is the greater disincentive? If I'm this business and want to use these exploitive images on the Internet or to engage in human trafficking via the Internet, and I could do the business in Canada versus the United States, which is the greater disincentive to doing the business in Canada versus the United States, the 10-year mandatory minimums or the potential $5,000 fine? I ask because my sources say that these human slave traders can make $250,000 to $300,000 per person trafficked. Where is the better place to do business?

Colin Carrie Conservative Oshawa, ON

Thank you very much.

Minister Blair, the cabinet colleague that is testifying with you today sponsored Bill C-75 in 2019, which made human trafficking a hybrid offence, thus making modern day slave traders able to be convicted and serve less than two years' prison time, or even just pay a fine of no more than $5,000.

Mr. Angus was talking about how robust the Canadian system is. Your government actually changed it into a hybrid offence, under which somebody could get off with the same penalty as basically that of causing a public disturbance.

Are you aware of those changes in Bill C-75?

Colin Carrie Conservative Oshawa, ON

Thank you very much, Mr. Chair. Maybe I can help my Liberal friends.

There was a huge rejig in, I think it was, Bill C-75, where the Liberals passed a reform of the criminal justice system. One of the things in that bill was a change in regard to human trafficking, where in some instances instead of being a criminal offence, human trafficking was going to be moved into a summary conviction. For anybody who is not a legal person, that means the penalty could be two years minus a day and a $5,000 fine. As we heard quite regularly throughout the study we're talking about, human traffickers are extremely active in recruitment and abuse in regard to these images on the Internet.

I think it would be great to have Mr. Lametti—who made that change—in front of the committee to explain the [Technical difficulty—Editor]. Maybe instead of making this situation, let's just say, less common, perhaps we're seeing a greater incentive for these traffickers to be found guilty in Canada, where there is much less risk, than in the United States. A $5,000 fine could be seen as.... If one person is trafficked, we've heard numbers of $250,000 or $300,000 per year being made off one trafficked person. This would be just the cost of doing business.

Maybe this would be something that Mr. Lametti could explain to committee and maybe take a second look at.

Status of WomenCommittees of the HouseRoutine Proceedings

February 16th, 2021 / 10:40 a.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I know well the bill that the member speaks of, as it was one I advocated for immensely. The Liberals took the consecutive sentencing out of it, made it concurrent sentencing and waited three and a half years to bring it in.

The concern my colleague raises is a valid one. That bill should have been brought into force as soon as possible. The bill was passed in this place in 2014. It was supposed to be declared in force in early 2015, but it only happened until Bill C-75, which was at the end of the last Parliament.

Michael Cooper Conservative St. Albert—Edmonton, AB

I presume your answer will be the same to my next question, but I will ask it nonetheless. Another aspect of Bill C-75 is that it provides for an increase in maximum penalties for intimate partner violence. Are you able to speak to any statistics or data there, or is your answer the same as your previous answer?

Michael Cooper Conservative St. Albert—Edmonton, AB

Thank you very much, Madam Chair. I want to thank the officials for being here as we commence this most timely study

I will direct my first question to Ms. Levman, picking up from where Ms. Findlay left off before Ms. Levman had an opportunity to come online. Ms. Findlay asked a question about Bill C-75, and in particular the reverse onus provisions for bail in the case of persons who are charged with intimate partner violence and who had been previously convicted of similar such offences.

Would you be able to speak on any impact those reverse onus measures have had?

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Ms. Smylie, what you're saying is very important, and we know that one of the hallmarks of abuse is isolation of the victim. We don't have a lot of time here, though, and I have another quick question.

Bill C-75, which was an act to amend the Youth Criminal Justice Act, was introduced in July 2019. It created a reverse onus at bail for persons accused of violent offences involving intimate partner violence. I'm wondering if there's any evidence that leading up to and during the pandemic this reverse onus burden shift has decreased the number of reoffenders of intimate partner violence. Has that helped?

Stéphanie Bouchard Senior Legal Counsel and Director, Department of Justice

Bonjour, I'm going to give my remarks that my colleague, Nathalie Levman, was supposed to provide. They're still trying to connect her to the committee. We apologize for the inconvenience.

I am the director of the policy centre for victim issues within the criminal law section at Justice.

Thank you for welcoming us to your study of controlling or coercive conduct within intimate relationships.

Coercive control in the context of intimate partner violence refers to a pattern of controlling behaviour that takes place over time and serves to entrap victims, eliminating their sense of freedom in the relationship.

A broad range of controlling conduct may be employed but the focus is on how a pattern of such conduct serves to subjugate, not the individual incidents wherein abusers exercise control.

Specifically, coercive control is concerned with the cumulative impact of the abusive conduct on the victim.

Legal systems have been struggling with responding to intimate partner violence, and other forms of family violence, for decades.

Criminal law has traditionally responded to incidents of violence and other forms of abuse, not patterns of behaviour. A broad range of offences apply in the intimate partner violence context, depending upon the conduct at issue, including assault, sexual assault, uttering threats, intimidation, forceable confinement, fraud, making harassing phone calls, trespassing at night and mischief.

The Criminal Code also requires sentencing courts to treat abuse of the spouse or a child in the commission of an offence as an aggravating factor for sentencing purposes.

Additionally, as of 2015, non-consensual distribution of intimate images is also a criminal offence. Abusive spouses may also engage in this type of conduct to exercise control.

Criminal Code amendments enacted through former Bill C-75 in 2019 strengthened the criminal law's response to intimate partner violence by imposing a reverse onus on bail for repeat offenders, clarifying that abusing a current or former spouse, common-law partners and dating partners in the commission of an offence is an aggravating factor for sentencing purposes, and allowing a higher maximum penalty in cases involving repeat intimate partner violence offences.

In recognition of the fact that abusive conduct may involve a series of behaviours that can literally have an impact on victims' sense of physical or psychological safety, Parliament enacted the criminal harassment offence in 1993. This offence is designed to respond to the impact of a series of interrelated incidents on victims, in particular in the context of family violence, so the offence applies more broadly. It criminalizes engaging in specified conduct that causes a person reasonably, in all the circumstances, to fear for their physical or psychological safety, or that of a person known to them.

The focus of this offence is on the cumulative impact the conduct has on the victim, not individual incidents of abuse.

Criminal harassment may be charged alongside incident-based offences depending on the facts of the case.

Criminal Code peace bonds are also available to protect victims, including victims of intimate partner violence. Peace bonds may be imposed prior to the commission of an offence where any person fears, on reasonable grounds, that another person will cause personal injury including to their spouse or child, or will damage their property.

A wide range of conditions may be imposed, including no-contact orders, the breach of which is a criminal offence with the maximum penalty of four years imprisonment.

Ten provinces and all three territories have in place family violence legislation that complements these criminal law measures.

For example, this legislation authorizes emergency intervention orders, which can grant the victim the right to remain in the home and use the family vehicle. Conditions may also be imposed to restrain the abuser from communicating with, or contacting, the victim or members of the victim's family.

In terms of victim support, the federal victim strategy seeks to give a more effective voice in the criminal justice system to victims and survivors of crime in Canada. A key component of this strategy is the program development and delivery through the Justice Canada victims fund. A range of supports are available through this fund to victims of intimate partner violence. In particular, since 2016, the Government of Canada has made funding available through the victims fund to the provinces and territories in support of pilot projects to provide independent legal advice to victims of sexual violence.

Judges ActGovernment Orders

November 16th, 2020 / 6:25 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I am grateful for the opportunity to be here today to address Bill C-3. It has gone through committee and is now back in the House of Commons, and we once again get an opportunity to speak to it.

I want to point out that this is a pleasant departure for the Liberal Party in supporting the bill. In the past the Liberals have typically been odious, pointing out errors that the justice system gets. For them to give clear instructions to the justice system is refreshing. I am excited to see that they are supporting the bill, that they have moved it forward and that we have the Government of Canada pursuing education of judges.

We have seen in the past some horrendous crimes that have been committed in this country, and we have seen sentencing that does not seem to fit the crime. The sentencing does not provide an incentive to not do the crime again. I am talking particularly in the area that I know best, around human trafficking. I have a series of examples in which folks were convicted of trafficking people and the justice system was incapable, or folks in the justice system were rude about what was going on. It led to people being concerned and not willing to come forward when they had a crime perpetrated against them.

I remember one situation in which a gal was talking to me. She had come forward and pressed charges against an individual, but the guy was out on bail very quickly and was standing at the end of her driveway making threatening gestures such as slicing across his throat. This is a justice system that was supposed to be there to protect her. I am happy to see the government supporting the bill to provide judge training, and it is important that we get it right. The justice system should get it right.

I also want to note that I will share my time with the member for Mégantic—L'Érable, a great colleague of mine. I also had the opportunity to tour him across the promised land. He is from Quebec and I am from Alberta. I know there is a bit of rivalry there, although it is more imagined than real because when I had him, a Quebecker, in Alberta, I stuck him in a trench of a pipeline and showed him what pipelines were all about. He was impressed with the size of the farms that we have where I come from. He is the member of Parliament for the maple syrup capital of Canada, and I am the member of Parliament for the honey capital of Canada, which I think is pretty sweet, either way. I do take a little honey in my coffee because I think that makes me a little sweeter all the time.

We have seen human traffickers get off with sentences that were in many cases less time than they had spent trafficking their victims. We have seen traffickers who trafficked multiple girls for several years get months in prison. We also see traffickers, who have made hundreds of thousands of dollars trafficking people, get fines of $5,000. It is important to me that the justice system provides justice and deterrence. It says in the Bible that the law cannot save us, and that is true. The words on a piece of paper will not in the instant save someone, but we do try to rectify these situations after the fact. Our justice system is to bring justice to the situation. We see in the bill the acknowledgement that our justice system does not get it right all the time.

From time to time, things change, things come to light, society changes and society sees the need to shine a spotlight on particular issues. That is what this bill does. I am pleased to support the bill.

However, this is a departure from what we have seen in the past. We have seen the Liberals hesitate on bringing justice through the justice system for human trafficking victims. When it comes to consecutive sentencing, we saw a bill that was first introduced by a Bloc member, then was introduced by an NDP member and it was finally passed under a Conservative government. It was brought into force by the Liberal government.

However, before the bill was brought into force, the government waited for two years to pass Bill C-75. It could have been brought into force immediately when it took power back in 2015, but the government waited in order to pull out consecutive sentencing, because, lo and behold, if a trafficker had to go to jail for an extended period of time, that would not have been right.

The Liberals delayed the passing of that bill. While it had originally been introduced in 2013, it took all the way until 2017 to be reintroduced. We see that when the bill was finally brought, the Liberals had pulled the consecutive sentencing out and went back to concurrent sentencing, saying if someone had trafficked one girl, they were going to jail for a maximum of 10 years, and if they had trafficked 10 girls, they could serve those sentences concurrently. Regardless of how many people they had trafficked, they would serve the sentences concurrently.

That is not justice. That is not bringing people to justice. That is not providing any deterrent. Perhaps the Liberals will stand up and ask me questions about this, and maybe they will clarify whether they actually believe that deterrence should be something that is part of our justice system. Do Liberals believe that deterrence is part of our justice system?

At the end of the day, serious penalties for this type of sexual violence is important. However, it is more important to provide real protection for victims who endure years of trauma and take years to recover, knowing that their trafficker could be out and back on the streets before they have been fully integrated back into society.

Today we see that judges are still handing down human trafficking sentences that do not reflect the seriousness of the crime. The government refuses to send a message to traffickers by mandating serious penalties.

I propose that the government, at the very least, consider adopting a similar approach to human trafficking as it did on this bill. Judicial training on human trafficking law would be unprecedented. Maybe we could go beyond this. Maybe we could look at special courts. I know there are a number of special courts in Canada. We see drug courts where there are two doors. If someone is convicted of a drug crime, there are two doors. One is rehabilitation; the other is jail. People can choose which door they want to go through. If they do not abide by the conditions set when they cross the first door, then they are switched to the second door.

Those kinds of things have been successful in Canada. I think Ontario is the province that has been pushing that the most. I think that is great. In Alberta, we have the child advocacy centre. It is not a special court, but it is a centre where children of sexual abuse come. There are complete wraparound services. It is not a sterile institutionalized facility. There are puppy dogs wandering around. There are nice trees. The whole place is a place to put people at ease.

All of the government services that come into play in a case of child abuse come to the child, rather than sending the child through multiple different institutions. That, again, has been a great model and is something that we could see across Canada, in terms of dealing with human trafficking victims.

While I support the government's initiative around the bill, I hope that we can see some of these other things that Conservatives are pushing for that get our justice system to provide justice but also, on the front end, prevent these crimes from happening by providing a deterrent.

It is always an honour and privilege to rise in the House of Commons.

David Lametti Liberal LaSalle—Émard—Verdun, QC

James, thank you for your question, and thank you for your work on Bill C-3 and for your committee work.

The short answer to the question is “Yes, continually”. There's always back-and-forth between the federal government and the provincial governments with respect to the number of judges. These are the federally appointed judges at the superior court level across Canada. You're right to say that there is a shared cost with the provinces, because provinces have the responsibility for the administration of justice. Requests come and get evaluated, and that's pretty much a continual process, year over year.

However, I agree that we need to address delays in the justice system and I share your observation that because of Jordan, the criminal stuff goes first and the civil stuff gets relegated. We've worked hard in my ministry, as did Minister Wilson-Raybould before me, to try to address the Jordan decision and make the system more efficient and effective through Bill C-75 and other provisions.

You're right that it would mainly be for the provinces to try to figure out a way to make sure that civil cases move forward more quickly. That falls within their jurisdiction, but we need to continue looking at solutions on all fronts, because you're right to identify the waiting times as being too long.

Arif Virani Liberal Parkdale—High Park, ON

I have a couple of points.

In response to what Monsieur Fortin is raising, I would simply state that the notion of “systemic” is quite critical, and it's a term that's being used appropriately right now by many elected representatives and other individuals.

I would point everyone's consideration to the way Senator Murray Sinclair put it in the last Parliament when we were studying religious discrimination and systemic racism in the heritage committee. He said, “systemic racism is the racism that's left over after you get rid of the racists.” That's a very elegant way of talking about the fact that there is something very different in an individual act motivated by an individual who has mal-intent, versus rules and norms that pervade institutions.

I'll give a tangible example to everyone, because it went right through this justice committee, when we made a change to peremptory challenges of jurors. These are challenges where you can just look at the juror and decide you don't want that person on the jury, without having to motivate why; you've enabled a form of racism in the justice system that is systemic. By eliminating that in the last Parliament's Bill C-75, we tackled a manifestation of systemic racism.

I do think it's very critical, and I would echo the comments you heard from Mr. Fergus and from Mr. MacGregor.

With respect to Mr. Moore's point, I think it's our role to hear the witness testimony and then to gather from it and glean from it proposed amendments, which is exactly what we've done here. The terms “systemic” and “systemic discrimination” were used on a number of occasions by a number of witnesses, thus the formulation of the amendment that you see before you.

Thank you very much.

Judges ActGovernment Orders

October 8th, 2020 / 3:55 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, I want to start by thanking my former colleague, Rona Ambrose. She was also the former leader of the Conservative Party and the official opposition in this place. She is the originator of the bill we are debating today. Rona Ambrose has done, and continues to do, a tremendous amount of work on behalf of women and girls, not only here in Canada but around the world. When this bill was introduced in 2017 in its original form, I had the opportunity to sit down with her, hear her heart and understand the purpose of this piece of legislation. At that time, I also had the opportunity to sit on the status of women committee, where we discussed this legislation and its importance at length.

This bill is about ensuring that trust is maintained in the judicial system and that survivors of sexual assault are respected by the judicial system here in Canada and, therefore, feel free and comfortable to come forward with their cases. It mandates that, to be appointed as a judge of a Superior Court, an individual must undergo training with regard to sexual assault law and social context, including attending seminars.

This would ensure that Superior Court judges are equipped with the knowledge and skills needed to address sexual assault trials, and that survivors are treated with the dignity and respect they deserve in such a vulnerable scenario. For the purposes of transparency and openness, judges would also be required to provide written reasoning for their decisions when it comes to sexual assault proceedings. These parameters seem very common sense to me.

One would like to argue that this type of training is unnecessary but, sadly, one scenario after another points to the fact that it would be helpful. For example, in 2014, Alberta Federal Court justice Robin Camp asked a sexual assault complainant, “Why couldn't you just keep your knees together?” That was inappropriate. Most Canadians recognize that this kind of degrading and humiliating language is entirely unacceptable and should never be used in any context, let alone in a Federal Court. This is a classic case of a judge misusing his place of authority and power to further make the victim into yet another victim because of his words, actions and degradation toward her.

I have the highest regard for judges, and recognize the burden they face in having to administer justice and apply the law to determine guilt or innocence. This can be extremely challenging. Although Canada has the best justice system in the world, it certainly is not without its flaws. We put a tremendous amount of trust in our judges to function with integrity and professionalism. We expect the best of them. It is in everyone's best interests, then, that they be equipped with the tools, skills and training necessary for them to do their jobs extremely well.

We all know that sexual assault is a serious issue. I believe we would all agree that it should be eradicated. Unfortunately, however, it is very much a reality. More than 11 million Canadians have been physically or sexually assaulted from the age of 15 onward. This represents 39% of all Canadian women to have experienced this. On average, one woman or girl is killed every two and a half days right here in our own country.

Furthermore, Statistics Canada reports that only 5% of women who are sexually assaulted actually bring it to the attention of the police, not because they do not want justice but because they are afraid of being further victimized. That is only 5%. This statistic should be alarming to everyone but it gets worse: Of the 5% who report their sexual assault cases, only 21% take them to court. Then, of the 21% that go to court, only 12% of those cases result in a conviction. That is 12% of 21% of 5%. This means that there is a 98% chance that sexual assault offenders will go scot-free. That should not be the case. Every single individual in this country who commits such a heinous crime should be put behind bars.

That type of conduct is not acceptable in Canadian society, so why is it that 98% are going free and 2% are being convicted?

This bill falls in line with my party's long-standing commitment to defend victims of crime. Sexual assault is one of the only crimes in Canada right now that is not declining, and the Liberals have failed to work to prevent this. Contrary to the Liberals, the Conservatives believe that we must stand with victims, that we must choose them over criminals and that this is what in fact strengthens our justice system. For that reason, we passed more than 30 justice and public safety bills during our time in office, including the Canadian Victims Bill of Rights. We put that bill in place because victims of crime and their families deserve to be treated with dignity, respect and honour. It is absolutely vital that victims' rights be put before the rights of criminals, full stop.

In contrast, during their time in government, the Liberal members across the aisle put in place Bill C-75. This bill decreases sentence times for heinous crimes like female genital mutilation, forced marriage, causing bodily harm and other heinous crimes such as infanticide, etc. There is a whole list of them. It is the complete opposite of what one would hope for from one's government.

I would like to finish my speech by imploring the government across the aisle to continue former Prime Minister Harper's legacy of taking a compassionate stance toward victims. Under the Harper government, more than 30 new laws were passed to protect victims, hold offenders accountable and increase efficiency in the justice system.

During our time in government, we invested $162 million through Status of Women Canada to fund projects to end violence against women and girls.

In 2015, we committed to invest another $200 million over five years. That was cut by the government.

In 2012, Conservatives launched the national action plan to combat human trafficking. That plan was in line with the United Nations trafficking protocol and focused on four pillars: prevention, protection of victims, prosecution of offenders, and working in partnership with domestic and international groups, and $6 million per year was invested into the national action plan to combat human trafficking. Again, the Liberal government has no interest in that plan.

In 2009, we amended the Criminal Code to raise the age of sexual consent from 14 to 16 through this bill.

In 2009, again, we strengthened the national sex offender registry by making it accessible to the public so that people would know if there were high-risk offenders in their area.

In 2010, we implemented the Protecting Victims From Sex Offenders Act to protect women from repeat violent and sexual offenders.

Through Status of Women Canada, we funded innovative projects to prevent and respond to sexual violence against women and girls, engaged men and boys in ending violence, and addressed harmful cultural practices such as forced marriage and genital mutilation.

Canada's Conservatives believe that the safety of Canadians should be the number one priority of any government and that all forms of harassment, sexual violence and discrimination are absolutely unacceptable and should be condemned. We know that a strong criminal justice system must always put the rights of victims before the rights of criminals. Canada's Conservatives will always stand on the side of those who are victimized.

It is my hope that this bill will bring some level of comfort to victims of sexual assault when they consider pressing charges and bringing their cases before a court. Sexual assault victims are some of the most vulnerable individuals. They need to be treated as such. Many perpetrators are not brought to justice because victims fear that they will meet with prejudice, closed ears or bias. These victims need as much support as they can possibly attain. I hope that this bill will take us one step closer to being able to provide victims with that confidence and that level of security and assurance that they require.

In closing, I look forward to this bill receiving unanimous support in this place so that we can send a unified message to all Canadians from coast to coast that we will always stand on behalf of victims and insist on a fair and compassionate justice system.

Judges ActGovernment Orders

October 8th, 2020 / 12:30 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, it is a pleasure to rise and speak to Bill C-3. The original legislation was first introduced in February 2017 as Bill C-337 by the Hon. Rona Ambrose, the former leader of our party as well as the official opposition. I want to thank Ms. Ambrose for the passionate advocacy that she has taken on this important legislation.

I am also pleased to see that the legislation adopted by the Liberal government earlier this year was reintroduced again now as Bill C-3. In 2017, it received unanimous support from the House of Commons and passed quickly to committee. I guess it should come as no surprise then that it would take over two years for it to move through the legislative process despite having all-party support and it would die on the floor of the Senate in June 2019. Despite finishing the legislative process at about the same time as 15-plus other bills that June, it was held back by the Liberal majority government from receiving Royal Assent. Why, people may ask? Some may suggest it is to play the same Liberal games that many Canadians despise and disapprove of, and that is so it can be renamed and called their own.

This is important legislation as it is a step forward toward actually improving our criminal justice system, something that the Liberal government has done little or nothing on for the last five years. This legislation is about ensuring trust is maintained in the justice system and that survivors of sexual assault are respected by the justice system when they do come forward. The bill requires that to be appointed a judge of a Superior Court, an individual must now commit to participate in continuing education on matters related to sexual assault law and social context, including attending seminars.

This would ensure that Superior Court judges are equipped with the knowledge and skills required to address sexual assault trials and ensure that survivors are treated with dignity and respect. It also provides training to not feed into the myths and stereotypes that often cause women to hesitate to come forward. Personally, I would have preferred that, in addition to the new appointments to the bench, all current judges sitting at every level of court that adjudicates sexual offences in this country be required to participate in continuing education on these matters as well, in the same way that this legislation proposes for new Superior Court appointments.

The bill would also require judges to provide reasons for decisions on sexual assault cases. This is good, as it will give more information to victims and improve transparency for the justice system and the public who watch it.

As a former police officer who has given testimony in a wide variety of criminal cases, including numerous sexual assault cases, I have the utmost respect for the significant challenge and burden placed on our judges. Every day they are tasked with appropriately applying the law to determine guilt or innocence as they adjudicate criminal cases. While Canadians enjoy the best justice system in the world, it is not without its flaws. Judges, after all, are human like all of us and are given the incredible responsibility of applying laws written by other humans, namely parliamentarians in the House. We know that sometimes those laws can also be flawed.

We put a great deal of authority and trust in our judges and so ensuring that people who take up this challenging post are properly equipped, we must ensure that they have the necessary training and knowledge to fulfill those responsibilities to the best of their ability and to the expectations of the Canadian public. This training would eliminate misconceptions, myths and stereotypes that often prevent victims of sexual assault, almost always women, from coming forward and pressing charges against their attackers. This is not a minor issue. The number of sexual assaults that occur in Canada and are never reported is staggering.

Statistics Canada reported that only 5% of women who are sexually assaulted come to the attention of police. I suspect that one of the many reasons is because of the women's lack of confidence in our justice system. Far too few of these crimes are reported, and of the 5% that are reported, only 21% have led to a court case. There are many factors in this, including what evidence might be available, how it might be prosecuted, witnesses who are available, any corroborating evidence, attitude of the justice participants, how judges approach the issue, and maybe many others.

Of the 21% that actually get to court, of the 5% who actually reported being assaulted, only 12% of those cases result in conviction. That is 12% of 21% of 5%. In other words, there is a better than 98% chance of not being convicted of sexually assaulting another person in this country. That is unacceptable. Finally, of all those convicted of sexual assault only 7% result in a prison term. These are terrible crimes and they have lasting, lifelong impacts. Getting a conviction on a sexual assault, let alone having someone sentenced, is far too rare. Most victims of crimes of violent sexual assault will usually prefer not to relive the experience over and over again in our courts, living through the trauma multiple times.

Like I said previously, I have investigated many sexual assault crimes. The heartbreaking experiences of victims are further exacerbated by our justice system. The victims feel they are not being believed. The intrusive nature of the evidence-collection process; retelling their experiences, over and over again; sometimes limited victim supports; and lack of convictions reduce the victims' willingness to come forward. If the assailants are convicted, many victims do not feel that the sentence that is given out fits what happened to them.

This bill is the kind of thing that governments should be doing: working to improve our justice system, working to support victims with better services and working so that criminals who assault others are held accountable and put in jail. Support for victims has been sorely lacking in the last few years. There has been lots of support for criminals, including reduced sentences for some serious and violent crimes, but limited support for victims.

The Canadian Association of Chiefs of Police noted in its brief to Parliament on Bill C-75 that for some criminals, if given reduced sentences, it would mean eliminating certain information being entered into the Canadian Police Information Centre system, including DNA. When the conviction is considered a secondary offence, it eliminates critical information that then limits the ability for police to track and catch that criminal if they commit other crimes. As the CACP put it, this would “have a direct and negative impact on police investigations.” I would add, “and on public safety”.

Canadians should not live in fear. Young women should not live in fear. Victims and their families should not be living in fear. They should have trust and confidence in our justice system. Victims and their rights should always be put ahead of the rights of criminals. Canada's Conservatives recognize that far too often the justice system fails to respect the experiences of victims of sexual assault.

It is time that we end comments and attitudes like that of our Prime Minister, where he said that she “experienced it differently”. Those kinds of excuses allow sexual assaults and sexual harassment to be normalized. Calling it out is a duty of all of us. Acting to stop that kind of behaviour is a responsibility of this House.

My hope is that this bill will be the first step in improving the treatment of victims, increasing the conviction of sexual offenders, improving public safety, and developing the trust and confidence of Canadians in our justice system.

Judges ActGovernment Orders

October 8th, 2020 / 11:30 a.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, in terms of the references the member made to Bill C-75, I submit that it is a good day for those of us who were behind Bill C-75. The Supreme Court just upheld the provisions in that legislation that deal with eliminating peremptory challenges when selecting jurors. This ensures we will not have a tragedy of justice like what we saw with the trial of Gerald Stanley.

I appreciate the member's comments, and in his five years in the House I have always thought of him as a thoughtful member. I note that he has done a lot of work on the issue of human trafficking, which he mentioned today. Addressing human trafficking and, more broadly speaking, the issue of sexual violence requires a judiciary that is sensitized to these issues, that is fully up to speed on the current state of the law, that is transparent in providing reasons, etc.

Given that background and his commitment to this pressing issue, which is very closely connected to what the bill is about, he said that he supports the bill. Would that support translate into getting the bill efficaciously and expeditiously to the Standing Committee on Justice and Human Rights, where any amendments that might be needed could be moved and debated?

Judges ActGovernment Orders

October 8th, 2020 / 11:20 a.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, it is my privilege and honour to rise in my place to add my voice to this very important debate. It has been five years since I was elected, and in those five years I have worked a lot on issues regarding the court system, its handling of sexual assault and human trafficking cases and how to get justice for victims.

This bill is a substantial departure for the Liberals, so I thank them for bringing it forward. Typically, when the Liberals try to fix the justice system, they reduce sentencing. That has been their road map. We saw that with Bill C-75 in the last Parliament. Their solution to fixing backlogs in the court system was to reduce sentencing, and they have been unwilling to take on the justice system and say they get things wrong. On this side of the House, we have been ready to say a certain decision was wrong or was not good enough, or we brought in mandatory minimum sentences to try to fix many of the outrageous deficiencies in the justice system.

This bill is a departure for the Liberals, so I welcome it. They are acknowledging that there is an issue in the court system, a lack of appreciation for victims in the court system. This bill goes some of the way to help that along and fix some of the problems.

I would like to step back a bit. Statistics have been brought up several times. I have been in the House of Commons all morning listening to the speeches, and the stats on sexual assault continue to be brought up. We should be working to have a society in which sexual assault does not happen. If sexual assault did not happen, we would not be talking about conviction rates and that kind of thing. We could have a law on the books for sexual assault and it would not happen, and, therefore, whether judges were educated on this issue would be a moot point because they would not be dealing with those cases.

That said, the rate of sexual assault across the country is going up dramatically, and in other areas of my work in this place I put forward some ideas on why that is. Motion No. 47 was passed in the last Parliament. It addressed misogynistic and sexually explicit material online and how that was impacting Canadian society. There was some good work done at the committee, but the government has failed to capitalize on the committee report, the voices of people who have been victimized and the voices of academics working in this area. They show us that we are in the greatest social experiment in human history, given online sexually explicit content and the education our youth get through that regarding their sexuality. I hope the government is going to be pursuing that. An initiative I have been working on is meaningful age verification, and I hope the government is looking at that too.

There is another part of the debate here today: While the Liberals have brought forward a bill, it is basically a rehash of a private members' bill from my side of the House, though I salute them for that. It is now a government bill, and they had the opportunity to bring forward a bill that contained a whole suite of things they could do to fix the issue of sexual assault in our country. Judge education is an important one, but it is a bit downstream from the issues.

The Bible says that the law will not save us, and that is the case here as well. The best laws in the country will not save us. The law always comes into effect after the fact. It allows us to bring perpetrators to justice, but before that, it does not save us. That is important to recognize.

We should be cultivating in humanity and in the citizens of our country a culture where sexual assault is unthinkable, where individuals hold each other accountable, where there is a large sense of community and where messing with one of us means messing with all of us. In doing so, there would be strong relationships within our society that could prevent this kind of thing from happening. I hope that we can get back to that, as it is more upstream from where this bill is at. That said, I will be supporting this bill, for sure.

Over the past five years, I have been working hard to end human trafficking and specifically the sex trafficking that happens across the world. This is a large and growing issue in our country. The average sex-trafficking case is happening within 10 blocks of where we live, so let us keep our eyes peeled. If we see something, there is a national hotline we can call. It primarily targets women and girls. In Canada, it is estimated that 50% of people caught up in human trafficking and sex trafficking are indigenous. This is to our shame, and we need to be working very hard on this as well.

One interesting thing has happened, particularly with Bill C-75 from the last Parliament, regarding conviction rates and convictions in human trafficking cases. One thing we brought in during the Parliament prior to my getting here, through a bill by the Bloc and the NDP that passed in 2013, was consecutive sentencing for human traffickers. The Liberals sat on this for three years and finally passed it into Bill C-75, but they removed the part about consecutive sentencing and made it concurrent sentencing.

There have been some egregious court decisions that have come out since, and I will give some examples.

Imani Nakpangi was a human trafficker who sold two girls in the Toronto area. He trafficked these girls for almost two years. He ended up being the first person in Canada convicted under our new human trafficking laws. In one case, he received a three-year sentence for trafficking a girl for over two years, but spent only 13 months in prison. This gentleman had made $350,000 selling the body of a young girl and he spent less time in prison being rehabilitated than he spent trafficking this girl.

There was the case of Michael Mark. He received a two-year sentence. He victimized a 17-year-old girl for over two years and spent only a week in prison after his conviction.

These are some egregious examples where the justice system has, in my opinion, made mistakes. These are things we need to work to correct. While I commend the government for this bill today, it seems to be at odds with other things the government has done, particularly Bill C-75. We see the insignificant sentences that came from it.

We also see, over and over again, this place attempt to bring the judiciary to bear on these things by creating minimums, because we cannot let these guys out of jail after spending one week in prison for trafficking a girl for two years. We create a minimum for that, like a three-year or 10-year minimum sentence, but we see the courts strike those down, so there are, to some degree, some issues in the judiciary. This place has the ability, opportunity and mandate to direct that to some degree, so that is what we are doing.

I already talked about consecutive versus concurrent sentencing. It has been troublesome to get things going there. The bill from 2013 also had other tools for the police to use to help convict human traffickers, but the Liberals never brought that into force. They left it on the table for three years before they passed it in Bill C-75, while taking out the consecutive sentencing.

There are serious crimes that are being perpetrated in this country, and we need to ensure that judges get things right.

Judges ActGovernment Orders

October 8th, 2020 / 10:35 a.m.


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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Madam Speaker, I will be sharing my time with the member for Pickering—Uxbridge.

I am pleased to contribute to today's second reading debate of Bill C-3, an act to amend the Judges Act and the Criminal Code, which aims at ensuring all newly appointed provincial superior court judges participate in continuing education in sexual assault law and social context.

It would further require the Canadian Judicial Council to report the participation of all sitting superior court judges in sexual assault law education. Finally, the bill would also require judges to provide reasons, in writing or on the record, for decisions in sexual assault matters.

I would like to focus my remarks today on the challenges the criminal justice system is facing in responding to sexual assault in Canada. Further, I would like to discuss how Bill C-3 aims to address these issues by building on recent measures our government has undertaken.

Sexual assault is a gendered crime. Women are almost four times more likely to be sexually assaulted than men. Statistics Canada has reported that 30% of women in Canada, compared with 8% of men, have been sexually assaulted at least once since the age of 15. That is 4.7 million women and 1.2 million men who have been victims of sexual assault.

It is estimated that only 5% of sexual assaults are reported to police. In 2017, only 32% of sexual assault charges proceeded to trial and only 41% of those resulted in a conviction. In other words, less than 2% of sexual assaults in Canada resulted in a conviction in 2017. I would like to note that the number is likely much lower.

In 2018, it was estimated that only 35% of reported sexual assault cases resulted in charges being laid. If we apply this number to the 2017 data, the result is that only 0.23% of sexual assaults in Canada result in a conviction. The data paints a bleak picture and illustrates the challenges our criminal justice system is facing in responding to sexual assaults.

In recent years, this government has made important changes to sexual assault law. These reforms were aimed at enhancing the equality, privacy and security rights of complainants by countering the myths and stereotypes that have persisted in our criminal justice system, while also balancing the rights of the accused in a manner consistent with relevant Supreme Court of Canada jurisprudence. These myths include deeply rooted beliefs of how so-called real victims react to sexual assault and myths concerning the reliability of women's testimony when they make sexual assault complaints.

In June 2017, our government launched its action plan to combat gender-based violence. The plan is called “It's Time: Canada's Strategy to Prevent and Address Gender-Based Violence”. It is a coordinated, multisectoral strategy based on the three pillars of prevention, support for survivors and their families, and promotion of responsive legal and justice systems. The government has invested substantial sums to support the implementation of this government-wide initiative, which aims to combat gender-based violence, coordinate existing programs and lay the foundation for a broader package of measures.

Additionally, through former Bill C-51, an act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another act, which received royal assent in 2018, we amended the Criminal Code to clarify and strengthen Canada's sexual assault laws.

For instance, these reforms clarified that an unconscious person is incapable of consenting to sexual activity; an accused cannot rely on the defence of mistaken belief in consent if there is no evidence that the complainant voluntarily and affirmatively expressed consent; sexual history evidence must never be adduced to infer one the twin myths, namely, that the complainant is more likely to have consented or is less worthy of belief based on the sexual nature of that evidence; and the admissibility of the complainant's private records that are in the possession of the accused, such as counselling records or private journals, is determined through a special procedure similar to what applies to the admissibility of sexual history evidence and the production of third party records.

In addition, our government has funded the creation of pilot programs in various provinces to provide independent legal advice, and in some cases, legal representation to survivors of sexual assault. The provinces of Newfoundland and Labrador, Saskatchewan, Nova Scotia and Ontario, as well as Yukon Territory, have reported that these programs have been beneficial to survivors of sexual assault. Our government has also provided funding to the National Judicial Institute to develop judicial education on gender-based violence, including sexual assault.

Finally, through former 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, which received royal assent in June 2019, we restricted the availability of preliminary inquiries to offences punishable by 14 years or more imprisonment. This means that preliminary inquiries are no longer available for many sexual assault offences so that many complainants will not have to testify twice, once at the preliminary inquiry and again at trial. We know that testifying in court is often a harrowing experience because it requires victims to relive the trauma they have experienced.

As such, the criminal justice system has become more compassionate to survivors of sexual assault. Although we have made significant progress in recent years, we must continue our efforts to ensure that survivors of sexual assault are treated with respect and dignity in their interactions with the criminal justice system. It is imperative that judges have the necessary training regarding the complex nature of sexual assault law and the myths that too often surround it. Bill C-3 aims to ensure that decisions in sexual assault matters are not influenced by myths and stereotypes about sexual assault victims and how they have behaved, which the Supreme Court of Canada has found distorts the truth-seeking function of the court.

Through this bill, we hope to enhance the confidence of the public and survivors in the handling of sexual assault matters by our criminal justice system. This is why the bill would require all candidates seeking appointment to a provincial superior court to agree to participate in continuing education in sexual assault law and social context, and to require judges to provide reasons in writing or on the record for decisions in sexual assault matters.

The proposal in Bill C-3 to require candidates to commit to continuing education after appointment would ensure that newly appointed provincial superior court judges fully understand the complex nature of sexual assault law. It would also require that the training created by the Canadian Judicial Council be developed in consultation with survivors of sexual assault, their support groups, and other individuals or groups the council considers appropriate.

The bill also provides for the introduction of a requirement that the Canadian Judicial Council report on the participation of all current superior court judges in sexual assault law education. This measure would increase accountability for sexual assault law education and act as an incentive to encourage the participation of current superior court judges in sexual assault law education.

Bill C-3's specific proposal to require judges to provide reasons in a determination of sexual assault matters would be included in part VIII of the Criminal Code with other sexual assault provisions to ensure that provisions relating to sexual offences are clear and accessible to those applying them. Essentially, this will create almost a mini sexual assault code within the Criminal Code and will help to prevent the misapplication of sexual assault law. Further, it would help improve the transparency of sexual assault decisions because recorded and written decisions can be reviewed.

Improving the handling of sexual assault cases in our criminal justice system goes beyond partisan politics. This bill, originally a private member's bill introduced by the hon. Rona Ambrose, the former interim leader of the Conservative Party, will help to increase the confidence of sexual assault survivors and the public in our criminal justice system. We must work together to transform the criminal justice system into a fair, more effective, accessible and efficient system for all Canadians. I urge members of the House to support the passage of this bill.

Resumption of Debate on Address in ReplySpeech from the Throne

October 5th, 2020 / 3:20 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, it has been quite a while since I have been physically present in the House. This is my first day back, partly because of the COVID pandemic, and partly because the Prime Minister decided to shut down Parliament and prorogue to get away from the WE scandal that was damaging his reputation, due to the Liberal corruption and involvement there.

As I am here today, I want to say that 2020 has been a difficult year for everyone. My heart goes out to those Canadians who have suffered in many ways, including from the loss of a loved one, from separation and from isolation. We all need to work together to do the right thing and move forward.

As is my habit when it comes to the throne speech, I am going to talk about what I liked in the throne speech, what I did not like in the throne speech and what I thought was missing in the throne speech.

In terms of what I liked, there were a lot of noble ideas, including things that the citizens of Sarnia—Lambton could agree with and get behind, but without any evidence that action was going to be taken.

This is the third throne speech I have had the pleasure of hearing. This one was really reminiscent of 2015, with a lot of the same buzz phrases, such as “the middle class and those hoping to join them”, and “a whole-of-government approach”. Nobody really knows what that means anyway. Resiliency and agility were mentioned as other buzz words, but again, it was mostly a regurgitation of promises previously made.

I think addressing the opioid crisis is a priority, but that was a promise made by the government years ago and we are having more deaths from the opioid crisis than from the COVID crisis. Some of the other things in the speech, like pharmacare, the Liberals have been talking about since 1992. We continue not to see anything.

The speech mentioned pay equity for women. I was on the pay equity committee when I was first elected in 2015, and there has been no action taken in five years. Where is that action?

Concerning the truth and reconciliation recommendations, the government has said that the relationship with indigenous people is its number one priority, but since 2015 we have seen no action on the Truth and Reconciliation Commission's recommendations.

Achieving the Paris targets by 2030 is certainly a noble theme, because those targets came from the previous Conservative government. The reality is that the Liberal government is not going to achieve the 2030 targets, and it is now talking about exceeding those targets.

These things may be noble, but where is the action?

One of my constituents pointed out that the promise to plant two billion trees in 10 years is way behind, and if the Liberals want to get going, they are going to have to plant 547,945 trees each day for the next ten years. That is another promise I do not believe is going to happen.

Affordable housing is something we desperately need in my riding, and I have been waiting for it. The Liberal government has been talking about a national housing strategy and affordable housing since I got elected. I do not know if the money is just going to the Liberal ridings and not to the Conservative ridings, but I am still waiting. It is a crisis and something we need to get behind.

I was very happy to see something about seniors in the throne speech because, in 2015, they eliminated the minister of seniors, which seemed wrong. Half of the people in Sarnia—Lambton are over 60, so seniors are important to my riding.

The Liberals said they were going to take action on long-term care. Certainly, this pandemic has shown us that we need to do something there, but there needs to be recognition that if we come up with national standards for long-term care, more resources are going to be needed. More helpers will be needed: there are not enough workers. That will increase the cost of long-term care.

How will the many seniors living on a fixed income be able to pay for that, especially single seniors, who are among the poorest in the country? Although there are a lot of noble themes, a lot was just a regurgitation of old promises.

What I did not like in the throne speech was the way the response to COVID-19 has rolled out. It has been a gong show from the beginning. The health minister said there was very little risk to Canadians. She said border controls do not work, and then flip-flopped on the mask issue. I have been sending rapid tests for approval to the Minister of Health since April of this year. To see that the Liberals are still nowhere in terms of implementing rapid tests is a big deal.

It is especially a big deal in my riding, because it is a border riding. Lots of folks are intermarried. There are people who have not been able to travel to see their dying parents, attend weddings or funerals, and a lot of people own property on both sides. Rapid tests would be a great way to make sure people could be tested for COVID, found negative, come across to do what they need to do to be part of their families without risking Canadians, and return. It is incredibly important to get this out and not just say the words but get it implemented, and implemented using a protocol at the border that I suggested to the health minister.

There were some other things that I did not like. Sarnia—Lambton has 30% of the petrochemical oil and gas production in the country, and there was no addressing western alienation or the oil and gas industry. I see nothing but further erosion with respect to this very important industry.

I have three refineries in my riding: Suncor Energy, Shell Canada and Imperial Oil/ExxonMobil. We heard today about the job cuts at Suncor. The day that it looked like the clean fuel standards were being put in place, Shell went up for sale. The Imperial Oil refinery officials are saying it is existential to them: If they do not get an exemption from the clean fuel standard, it will cost three or four billion dollars a year, and the company can be more competitive in other parts of the world. Those were things that I did not like in the throne speech.

I also did not like the single-use plastics ban that was announced. This is hypocrisy from a government that gave $35 million to Nova Chemicals, in my riding, to incentivize the stakeholders to build a $2 billion expansion in Sarnia—Lambton instead of in Texas. Of course, the Liberals had to make concessions on the carbon tax because that was not going to be competitive with Texas. We are talking about 1,500 jobs each year for the next five years, and then a bunch of permanent jobs. Now the Liberals say they are going to ban single-use plastics, which puts this project at risk. These are Canadian jobs.

Single-use plastics are not the problem in Canada. I would point out that in the middle of a pandemic, in order to keep every Canadian safe, every bit of food we got from any place was packaged in individual single-use plastics, and everybody who went to the hospital was treated with little implements that were single-use plastics that were wrapped to be sterilized. When Gatineau floods every other year, the sand is put into single-use plastic bags to keep the damage from happening. The issue in Canada is not single-use plastics. We collect a whole bunch of plastics, but we only recycle 9% of them. The issue we should be looking at is microplastic pellets in the Great Lakes. Those issues are fact- and evidence-based. The Liberals talk about being fact- and evidence-based but, honestly, they are way off base on this one and they are going to cost Canadian jobs again for no reason. I did not like that.

The response to crime is always rich coming from a government with Bill C-75, which reduced incidents like forcible confinement of a child down to a summary conviction of less than two years or a fine. It is always fun to hear what the Liberals have to say about crime. Once again, they are going to tackle crime by putting in a handgun ban. I can assure them that the criminals of this country are not going to obey a handgun ban. The lawful gun owners will, but they are not the problem. Ninety-five per cent of gun crime in this country is committed with illegal guns and guns used illegally. Once again, the Liberals are attacking the wrong problem.

What was missing in the throne speech?

An economic recovery plan was mentioned that is going to create a million jobs. I am not exactly sure where those are coming from, because the Liberals are eliminating oil and gas jobs, they are going to kill the plastics industry and they have not done anything for forestry. It goes on and on. That was missing.

Broadband Internet is a noble theme. Where is the money? My riding was promised $12 million in 2015 or 2016, and we are still waiting for that.

What about the duty-free business? I know the tourism industry is under duress. Duty free is 100% export and right now, the government is doing nothing except closing the borders and depriving tourism businesses of their revenue. Every dollar not spent there is a dollar spent in the U.S., so there is an opportunity.

Finally, I would say the understanding that it is a great time to invest misses the point that, if interest rates increase just 1%, that adds $12 billion to the debt. Provinces are crying out for more health transfers. We give about $40 billion total in health transfers, and a 1% interest rate increase could be $12 billion. Four per cent could be the entire health transfer.

We are really restricting our ability to help the country by not understanding basic math and basic economics.

With that, I will summarize by saying that it was a disappointment, but there is more to come.

JusticeOral Questions

March 12th, 2020 / 2:55 p.m.


See context

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice

Mr. Speaker, our government introduced Bill C-75 in the last Parliament in order to prevent people from entering into the justice system, into that revolving circle of a justice system, without having any impact on reducing crime. We introduced good measures to fight crime efficiently, to fight crime fairly, to protect victims, but also to prevent the over-criminalization, particularly of certain peoples, like indigenous peoples or racialized peoples, in our criminal justice system.

Opposition Motion—Instruction to the Standing Committee on Public Safety and National SecurityBusiness of SupplyGovernment Orders

February 4th, 2020 / 4:50 p.m.


See context

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Madam Speaker, first, I would like to extend my condolences to the family and friends of Marylène Levesque, who was killed by an inmate on day parole.

I also want to commend my colleague from Charlesbourg—Haute-Saint-Charles for the speech he gave today. What is more, I want to thank him for moving this motion. Before I read out the motion, I would like to say that I will be sharing my time with the excellent member for Elgin—Middlesex—London.

Today, we are debating a motion. However, I do not think that Parliament should have to take such action just to get the government to listen to reason. Democracy and procedure require us to study today's opposition motion. It is moving things forward. In fact, the government seems to be receptive. We will see what happens when we vote on this tomorrow.

The motion reads, and I quote:That the House: (a) condemn the decision of the Parole Board of Canada that led to a young woman's death by an inmate during day parole in January of this year; and (b) instruct the Standing Committee on Public Safety and National Security to conduct hearings into this matter, including a review of the changes made by the government in 2017 to the board's nomination process, with the view to recommend measures to be taken to ensure another tragedy such as this never happens again.

Let me summarize the facts. Eustachio Gallese, a 51-year-old man, was found guilty of killing his wife in 2006 by beating her with a hammer and stabbing her repeatedly. He was granted day parole despite his history of violence against women. My goal today is to talk some sense into parliamentarians. This is 2020, and it is unacceptable for a Canadian woman to be victimized because of an administrative error or poor judgment on the part of the Parole Board members who made it possible for this man to commit the unthinkable.

When the Parole Board extended the offender's day parole last September, it mentioned a risk management strategy. I do not understand how anyone could have thought they were managing risk with a strategy that enabled this man to do what he did. Mr. Gallese was allowed to meet with women, but only to satisfy his sexual needs.

Our current laws governing sex work were introduced by the Conservative government in 2014 and prohibit the purchase of sexual services. How could the Parole Board of Canada allow one of its clients to do just that? I said “client”, but what I really meant was “murderer”. How could they give this man permission to commit a crime? It is illegal to purchase sexual services, yet a federal institution approved the practice. Those people knew perfectly well where that man was going. That raises some important questions.

The Liberal government's correctional system has been called a revolving door, and it has cost innocent people their lives. Canada's Conservatives strongly condemn the Parole Board of Canada's decision to release a convicted murderer with a history of domestic violence on day parole so he could meet women to satisfy his sexual needs.

Ask any Canadian. Everyone agrees. That is unacceptable. How could anyone mess up so badly? Today's motion, the product of some conscientious work on the part of my colleague from Charlesbourg—Haute-Saint-Charles and the official opposition, urges the government to take action.

This was a senseless decision. It was plain wrong, and last month it led to the death of a young woman, something that could have been prevented. We must have the means to prevent this from happening again. There must be justice for Marylène Levesque, and we must ensure that such unspeakable crimes never happen again.

We must protect honest Canadian citizens and put them first, ahead of those in prison, the criminals and the repeat offenders. That is essential. We must protect our society from people who unfortunately are deviant or criminal or who suffer from mental health issues. There are many reasons to justify this action. We must put mechanisms in place to protect our society.

How could they release a murderer who killed his wife on day parole? His history with women was well known. How could they let him become a client of an erotic massage parlour so he could satisfy his sexual urges? He killed his wife, was aggressive with several other women, and yet the Parole Board agreed to let him satisfy his sexual urges in a hotel with the board member's consent. I do not understand what happened. I do not know why the murderer did this. Above all, I do not understand why the board member let this man cause irreparable harm.

We have to wonder where we are headed with this government. What does the future hold for our society? We have to protect our citizens. We have to protect the victims. We should not bring in measures to support and pamper our criminals even more. They have to suffer the consequences of their actions. Our society has to protect Canadians, both women and men.

As my colleague from Shefford said, Dave Blackburn, a leading expert, was indeed a candidate for the Conservative Party of Canada. We had an excellent roster of candidates who made us optimistic about our chances for forming the government. Unfortunately, democracy decided otherwise.

In an article in the Quotidien on January 29, Dave Blackburn said that the Parole Board of Canada's decision to release this offender on parole, essentially giving him free rein to commit his irreparable act, was unjustifiable.

This government is incapable of governing and making effective decisions in the interest of Canadians. I will give some examples that illustrate the current government's incoherence when it comes to protecting honest citizens. I will list them without elaborating: the Tori Stafford case; Bill C-75, the firearms bill, which vexes honest citizens, hunting enthusiasts and sport shooters; and the legalization of cannabis.

In closing, I would like to remind hon. members that the 2019-20 departmental plan mentions a continuing increase at the national level in the number of offenders managed in the community. Their average annual number rose to 9,000 in 2017-18 from 7,700 five years earlier, a veritable explosion. I think that the measures the government across the way has implemented since coming to power in 2015 are not working. It is not dealing with things in a clear manner and it is not protecting the public.

I was going to talk about a file we should be working on to provide help to people in need, to make our society even more prosperous.

Opposition Motion—Instruction to the Standing Committee on Public Safety and National SecurityBusiness of SupplyGovernment Orders

February 4th, 2020 / 4:10 p.m.


See context

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, I am pleased to rise today in the House to speak to this very important opposition day motion that comes as a response to the tragedy that occurred in Quebec City a week and a half ago.

It is a disaster wherein a young woman was let down by the justice system and murdered by a violent criminal. Our motion calls for:

...the Standing Committee on Public Safety and National Security to conduct hearings into this matter, including a review of the changes made by the government in 2017 to the board’s nomination process.

It is the responsibility of the House to ensure measures are taken so that no tragedy like this ever happens again.

This terrible situation should not have been allowed to happen the first time. We have a man given a life sentence for horrifically murdering his 32-year-old female partner. The criminal was assessed as a high risk to reoffend, particularly with a partner, but as it goes, and as we have seen happen time and again, an offender serves a portion of a sentence and is then turned loose, regardless of the risk to reoffend.

In this case, the man was granted day parole as a violent criminal with a risk to reoffend, and then had his day parole extended last September by the Parole Board. They noted that a risk management strategy had been developed to allow this man to meet women for his sexual gratification. How did this not raise a red flag within the Parole Board? A violent criminal with a particular risk to reoffend against vulnerable women was encouraged by his parole officer to solicit sex from vulnerable women.

The result was a preventable and truly heartbreaking tragedy. The lack of regard for the safety of Canadians is astounding. The Parole Board put this criminal's supposed needs above concern for possible future victims, showing an extreme lack of foresight and prudence.

Two former Parole Board members have pointed to a change in the Parole Board of Canada's nomination procedures. This has resulted in a lack of experienced members. That may have been a factor in this murder.

If that is the case, that inexperienced Parole Board members made this decision and got it so wrong that it resulted in the murder of a vulnerable young woman, then those members who made the decision and the people who appointed them must face consequences.

This woman's death could have been prevented. An inquiry into the Parole Board's decision must be made. I am sure that all of my colleagues in this place will join me in condemning this inherently unjust decision, and call for an external inquiry.

When the Minister of Public Safety was asked about this and what was being done to get to the bottom of this case, he told the House on Monday that a full investigation would be conducted jointly by the commissioner of corrections and the chair of the Parole Board of Canada to determine the circumstances surrounding the killer's release, and to ensure lessons are learned from it. The Parole Board will investigate the Parole Board, continuing the legacy of unaccountability.

Canadians need and deserve an external inquiry so that we can make sure prudent decisions are made in the future and that violent offenders are not encouraged to solicit sex from vulnerable women, victims of prostitution, victims of what appears to be a reckless decision by the authors of the so-called risk management strategy.

This case is a prime example of a failure on the justice file, of a revolving-door prison system, and of putting criminals ahead of victims. With the passage of Bill C-75, the previous Liberal government cemented its legacy as being soft on crime. It made sweeping changes that were very concerning and weakened our justice system.

That piece of legislation watered down penalties for over 100 serious crimes. Dangerous criminals should not be getting fines for serious offences such as gang crime, using date rape drugs and impaired driving causing bodily harm. Across our country, victims' groups and law enforcement have opposed the government's weakness on crime and its refusal to take violent crime seriously.

Canadians deserve better than a Prime Minister who prioritizes the rights of criminals over the rights of victims. Conservatives will always put the rights of victims and law-abiding Canadians ahead of the rights of criminals.

This case is a continuation of the Liberals' soft-on-crime approach failing victims. If we look back at the previous Parliament, there are glaring examples of where the government unjustly put criminals before victims.

In 2018, Liberals fought tooth and nail against doing the right thing and putting Tori Stafford's killer behind bars after the killer had been transferred to a healing lodge. It was only after a public outcry, and weeks of pressure from the family and the official opposition, that they relented and put the killer back where she belonged.

A further example is when the Liberal government defended its decision to use veterans' benefits to pay for mental health services for a man who never served a day in his life in the military, but was locked up for murdering a female police officer.

Although the killer claimed to have PTSD from committing this truly heinous crime, the Liberals continued to defend their use of those benefits for this individual. It was out of touch, it was unjust and it again put the supposed rights of a criminal before the victim.

This approach is in stark contrast to the legacy of the Conservatives on the justice file. Our record is based on the most foundational meaning of justice being rendered to the other where it is due. This was showcased in the Victims Bill of Rights, which set a path for victims of crime to be protected and to have their voices heard during judicial proceedings and the subsequent incarceration of an offender.

The Victims Bills of Rights has much to offer victims. They should have their security considered by the appropriate authorities in the criminal justice system, and they should have the right to convey their views about decisions made by appropriate authorities in the criminal justice system that affect their rights under this act, and to have them considered. The right to have their security considered is truly foundational.

In closing, Canada's Conservatives are calling on the Liberal government to condemn the board's extremely misguided, reckless and negligent decision, and to conduct hearings into this matter, including a review of the changes made by the Liberal government in 2017 to the board's nomination process. This motion should be supported by all members of the House to correct an injustice, to review the circumstances of the Parole Board's shocking decision and to hold those responsible to account.

Nothing we can do will bring these young women back. However, as lawmakers, we can make sure it does not happen again. That starts by putting the rights of victims before those of criminals, and by supporting this motion to conduct hearings into this matter. I am calling on all members of the House to support our motion.

Opposition Motion — Instruction to the Standing Committee on Public Safety and National SecurityBusiness of SupplyGovernment Orders

February 4th, 2020 / 10:25 a.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, I rise today to speak to the Conservative motion by my hon. colleague from Charlesbourg—Haute-Saint-Charles.

The motion denounces the decision made by the Parole Board in Quebec that cost the life of a 22-year-old woman at the hands of a dangerous repeat offender. It seeks immediate action to review Parole Board nominations that contributed to putting a dangerous offender on the streets, and to have Parliament recommend steps so that this will never happen again.

Given the recent comments by the Minister of Public Safety on finding common ground with all parties to protect Canadians, I would think that he would be supportive of our motion. I imagine every member of the House will condemn the murder of a young woman by a man who beat his previous partner to death with a hammer, and who was released on parole with permission to seek out women in order to manage his sexual needs.

As one columnist noted, it appears the Parole Board's release plan assumed this offender's right to access a woman's body. Any man who cannot control his urges is not fit to be released back into society. Our country is founded on freedom and respect: respect for one another, respect for the law and respect for our values. In this case, the Parole Board's decision is reprehensible.

I will not pretend that this entire problem is the fault of the Liberal government or of any single previous government or decision. The problem we face is a parole and release system that favours offenders over victims. It puts the rights of offenders ahead of the safety of our communities.

This is a result of the current government's inaction, as well as previous governments' actions or inactions, court rulings and court precedents. None of that should prevent the House from challenging the status quo and moving toward a better system of preventing the release of those who are not ready to be law-abiding members of our society.

Let me be clear. We are not talking about anyone who has ever gone to jail. We are not saying that if people have done something wrong, as we all have at some point to different degrees, there is no redemption. I believe in redemption.

For those who have committed crimes, we lay out very clear ideas of what that looks like based on their efforts to reform, to rehabilitate, to seek to address their failings or challenges, to train and educate themselves for a post-release period and to never again be in trouble with the law. However, there have been too many instances like this one. There have been too many recent decisions by Liberal-appointed Parole Board members to release repeat dangerous offenders back into our communities without the adequate protections and information. That lack of accountability and of good, sound decision-making is why the House urgently needs to review and revise how it treats violent offenders.

Dangerous offenders are deemed by the courts. They are held for indeterminate prison sentences because of the malicious repeat offences they have carried out. Dangerous offenders have a pattern of behaviour and persistent aggression that makes them a threat to others.

It is not up to society to accept dangerous offenders. It is up to those dangerous offenders to accept the laws and values of our society in order to be released. However, the Liberal government seems too eager to defend the rights of dangerous offenders and others who are brought before the courts. Dangerous offenders get off too easily under the Liberal government.

Under Bill C-75, in order to address court backlogs, the Liberals reduced sentences and allowed sentences for more violent crimes to be reduced, even to fines. Under Bill C-71, Liberals went after law-abiding firearms owners for the actions of criminals and gangs. In national security laws, they increased red tape, put more effort into watching the public servants who defend Canadians and put less effort into monitoring known radicalized threats, returning ISIS terrorists and foreign threats.

Two years ago, we went through a very similar scenario. Canadians were outraged when Terri-Lynne McClintic, a woman who helped lure, assault, rape and murder eight-year-old Tori Stafford, was transferred to a lower-security healing lodge instead of staying in prison. The indigenous community not far from my riding did not want her there, as she was not indigenous. This raised many questions as to why she was being transferred in the first place. No child predator should ever be sent to a prison where children and families are present.

The Liberals said nothing was wrong, launched a months-long investigation and then determined that they were wrong. They slapped a minor edit on their policies and said everything was fine and would be fine. If the policies were applied properly the first time, that transfer never would have happened.

The offender at the centre of the tragedy is a violent, dangerous offender, whether the law puts that label on him or not. The Parole Board and the minister should have known and should have had the processes in place to prevent this latest tragedy. However, there is no accountability left for the minister or government. Did the Parole Board fail in its duty to Canadians in this circumstance? Yes, it did. Was it likely that former minister Ralph Goodale's decision to appoint fresh and untrained people in the position to make these decisions a factor? It certainly appears that way.

Under the Corrections and Conditional Release Act, the purpose of conditional release is to contribute to the maintenance of a just, peaceful and safe society that will best facilitate the rehabilitation of offenders and their reintegration into the community as law-abiding citizens. The act specifically notes that the paramount consideration by the Parole Board is public safety protection. The release of offenders who are deemed unable to stop themselves from harming others, who pose a risk to women or who have been instructed to break the law by hiring women for sex can in no way live up to the standards set out in law.

Even if there was some justification for a dangerous, violent offender to be released, parole officers are overwhelmed with workloads. According to their union, workloads are insurmountable and there is a real risk to Canadians because they cannot keep tabs on parolees. With the Liberals releasing many dangerous offenders into the community, this issue is being compounded.

For example, Madilyn Harks, formerly known as Matthew Ralf Harks, is a serial rapist who has preyed on young women, with three convictions for sexual assault against girls under the age of eight. She was released into Brampton, one of the largest suburbs in Canada, despite posing a risk to the tens of thousands of children in that community. After public outrage and political pressure on local Liberal MPs, she was removed. Was she a risk to Canadians? Absolutely. Was she placed in a poorly chosen spot? Absolutely. It was only fixed, though, after political and public outrage.

Randall Hopley, a serial child predator, was released into Vancouver despite the Parole Board stating that it was unable to manage his risks to Canadian children. Peter Whitmore, who has many convictions for assaulting young boys, has repeatedly received light sentences for the rape and assault of children. After abducting two boys, tying them up and raping them, he has been locked up again. However, he is now eligible for parole, and it would seem only a matter of time before the Liberals' Parole Board will release him again, if we can believe it. There are many examples like this, more than time allows to mention here.

None of these crimes needed to happen and none of these victims needed to be put at risk and victimized. However, we can all agree that we presume innocence and that the taking away of freedoms under the Criminal Code should not be treated lightly. There are times when it is clearly the best and only course of action. The actions of the guilty are the fault of the guilty. There is no right to cause pain, harm and suffering to others. When the Parole Board sees a threat that is not manageable, there needs to be a mechanism to ensure that Canadians are not put at further risk. We do not need to accept the decisions of murderers, rapists, pedophiles or repeat and serial offenders as a foregone conclusion. However, once people have reached that state, it is incumbent upon them to show and act in a manner that enables their release, not the other way around. It is not beholden on Canadians to accept their intolerable and hateful acts. Criminals are not the victims.

In conclusion, my colleague's motion is justified in light of the many issues facing our communities. Public safety has been put on the back burner time and again by the government and its political manoeuvring. Reforming how we manage dangerous offenders would seem something that all parliamentarians can get behind and can contribute toward protecting Canadians.

However, I suspect that the Liberals will invent yet another excuse why action is not needed right now. They will respond by saying that they have an internal inquiry under way, a response we have heard many times. However, there is an inherent bias to defend the system by those in charge of making those very decisions. Another McClintic-style “sweep it under the rug” decision should not be tolerated.

It is time that other members of Parliament took the role that the minister is too timid to tackle. I encourage my colleagues to vote in favour of a study to strengthen and review the parole system, ensure the appropriate funding is in place and that the safety of Canadians comes ahead of any Liberal political concerns.

JusticeOral Questions

January 27th, 2020 / 2:45 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice

Mr. Speaker, it was the federal government's view that the Interpretation Act and the case law provide that amendments to the jury selection process should have been applied as of the date Bill C-75 came into force. Federal prosecutors adopted this approach, and we are happy that the Ontario Court of Appeal has agreed.

Given that there is litigation in issue, I have tasked my department and legislative drafters to ensure that temporal provisions are always considered as we move forward.

JusticeOral Questions

January 27th, 2020 / 2:45 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, that is not good enough.

The Liberal government's poorly drafted Bill C-75 means criminals are now facing retrial and victims of crime will have to relive the horrific situations yet again in court. This is a significant failure of the Liberal government to protect victims. We already know that the sloppy implementation of the bill will lead to retrials in Ontario.

When will the Prime Minister act before more criminals go free?

JusticeOral Questions

January 27th, 2020 / 2:40 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice

Mr. Speaker, I would first like to welcome back the hon. member for Beauséjour. I will go so far as to say that I missed his sense of humour.

We introduced a number of important changes in Bill C-75 to make our criminal justice system more efficient, more fair and more just. Among these were the ways in which juries were selected, to increase transparency and to address long-standing concerns of Canadians as regards this process.

We are aware of the Ontario Court of Appeal's ruling and we will continue to monitor the situation.

JusticeOral Questions

January 27th, 2020 / 2:40 p.m.


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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, the Liberals carelessly rushed through changes to Canada's criminal justice system in Bill C-75. Conservatives raised concerns over the impacts of the bill and how it would impact and harm victims of crime. Legal experts warned the Prime Minister that his poorly drafted legislation would result in guilty verdicts being nullified. Now in Ontario we see that is indeed the case.

What is the Prime Minister planning to do now that criminals are being set free and victims will have to go through painful retrials due to the government's incompetence?

Motion in relation to Senate amendmentsCriminal CodeGovernment Orders

June 19th, 2019 / 8 p.m.


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The Speaker Geoff Regan

Order. It being 8 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the amendments tabled by the Senate to Bill C-75 now before the House.

Order. What I am hearing is over here. Order. I have spoken to both members, and I expect them both to be silent and keep their hands down for a while.

The question is as follows—

Motion in relation to Senate amendmentsCriminal CodeGovernment Orders

June 19th, 2019 / 8 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I think the bottom line is this: Those who find themselves elected in this place find themselves in a very honoured position and have every responsibility to stand up for the rights of victims first and foremost. Bill C-75 fails to do that.

Motion in relation to Senate amendmentsCriminal CodeGovernment Orders

June 19th, 2019 / 7:45 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

It is shameful. I'm glad you recognize it.

The Prime Minister insists consistently on putting criminals before victims. This is wrong, because Canadians elect a government to look after their safety, security and well-being, to ensure that this country is running on all cylinders, that Canadians have a vibrant future that they can dream for, work toward and step into and be excited about for their children and grandchildren. The bill we are discussing today, Bill C-75, which makes changes to the criminal justice system, actually puts this country at risk and victims in serious danger. It rewards criminals.

The role of every government is to keep citizens safe. It is to facilitate an environment of economic prosperity in which people are free to use their time, their talent and their energy to build wealth and achieve the financial outcomes they desire. This means protecting our borders, investing in necessary infrastructure, decreasing taxes, exercising fiscal restraint and scrapping unnecessary regulations. It means respecting the rights and freedoms of Canadians and celebrating the contributions of those who work hard, rather than turning them into criminals. I am talking about the retired widow who lives next door to me, the local business owner who serves coffee when I go there, the medical practitioners who look after our health, the students who dream for a vibrant future and the veterans who have faithfully served this country. These are the faces that government should be looking into when it makes decisions to rule this country.

During his time as prime minister, John Diefenbaker told party members, “I was criticized for being too much concerned with the average Canadians. I can't help that; I am one”, and so it is today. Just as the Right Hon. John Diefenbaker did all those years ago, my colleagues and I on this side of the House are committed to standing up for everyday Canadians, those who work hard and want a vibrant future not just for themselves but for their children and grandchildren.

When we mess around with the justice system with a bill like Bill C-75 and when we reward criminals who commit some of the most heinous crimes imaginable and allow them to go free or we diminish their sentence to a mere fine, we depreciate the value of our country and we fail to look after the well-being of Canadian citizens.

In this place, there are 338 of us who were elected to do far better than that. I would expect much more from the current Prime Minister and much more from the members who govern with him. There is no greater honour than to serve in this place, to be elected by the people of Canada and to have the opportunity to function as a voice on their behalf. I would call upon this House to steward that honour and to vote this bill down.

Motion in relation to Senate amendmentsCriminal CodeGovernment Orders

June 19th, 2019 / 7:40 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, today in the House we are discussing Bill C-75. The bill is supposed to strengthen the justice system. It is meant to better protect Canadians. It is meant to reduce delays and it is meant to modernize the criminal justice system.

In part, it does this by facilitating the administration of justice down to the provinces. However, the reality is the bill is yet another example of the current government's dirty habit of saying one thing but doing another. It is known as Liberal hypocrisy, or sometimes people refer to it as Liberal logic.

At the end of the day, this will in fact severely damage Canadian society and our justice system as a whole. Despite the rhetoric from across the way and despite the current heckles, the Liberals decided that they would not properly consult with stakeholders. They rammed the bill through without giving it careful consideration, without paying attention to the call for further discussion and certainly without adequate debate in this place.

As a result, Canadians are stuck with a piece of legislation that has a number of flaws that are very significant in nature. One of the flaws has to do with hybridization. Putting aside the issue of reducing the penalty of very serious crimes for just a moment, which I will come back to, hybridization also results in many crimes being moved from Federal Court into provincial court.

The Canadian Bar Association had this to say with regard to hybridization. It said this“would likely mean more cases would be heard in provincial court. This could result in further delays in those courts”. In other words, we already have a backlog within our justice system and the Canadian Bar Association is saying that Bill C-75 would result in an even further backlog, which is problematic because these individuals do need to go to trial. These cases do need to proceed, so holding them up even further is actually an injustice to the victim.

Furthermore, it should be noted that it is the government's chief responsibility to care for the safety and well-being of its citizens, to defend the vulnerable, to create laws that put the rights of victims first, which is why it is extremely alarming to see that the Prime Minister is actually pandering more to criminals than standing up for victims.

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

The members opposite do not like it when I say those things, it is an inconvenient truth for them, so their heckling gets louder and louder, but the truth cannot be concealed. These heinous, unthinkable acts would have a reduced sentence under Bill C-75.

Conservatives believe in the safety of Canadians being put first. They believe that it should be the number one priority of any government. We will continue to speak up on behalf of victims and we will continue to advocate for them to come first in our justice system. It is very important for me to stand here today and to speak to this piece of legislation because the rights of victims and the rights of communities must come first.

We have a Prime Minister who is much more concerned about pursuing his own agenda than he is about acting in the best interests of Canadians. It is not just with Bill C-75, it is with other pieces of legislation and other decisions being made by the government as well.

Bill C-71, which is the firearms legislation, was rammed through by the government earlier this spring. This was an attack on law-abiding firearms owners. Bill C-71 was rammed through without the government taking concern for the advice of law enforcement agents. It was rammed through without them actually consulting with legislative experts. It was rammed through without the Liberals taking the time to consult with and listen to Canadians.

When those in power turn a deaf ear to the people that they represent, arrogance incapacitates any ability for them to exercise logical thought or common sense. That is exactly what has happened under the current government.

The irony in all of this is that while the Liberals are letting criminals off the hook for committing atrocious crimes such as forced marriage, trafficking, terrorist activity and genocide, they insist on demonizing those who hunt or use their rifles for sport shooting. It is absolutely ludicrous. In what world does this make sense?

From the start, the Liberals did not want to debate Bill C-71. They did not want to consult, because that would mean they would need to listen and then would be held accountable to act on the things that they heard. Instead, the Liberals decided to push Bill C-71, the firearms legislation, through the House. They told Canadians that the bill is for their safety and protection, but it does nothing of the sort. It fails to address gang violence, it fails to address illegal firearm acquisition and use and it fails to address rural crime and violence. Bill C-71 simply goes after those who are already following the law, while rewarding criminals with shorter sentences or allowing them to walk away altogether.

It is very clear that what the current government likes to do more than anything is deceive Canadians. It is less about the safety, well-being and security of our country and more about appearing to be doing something good. If the government took Canadians seriously and really took the position of honour that has been bestowed upon it seriously, then it would genuinely want to strengthen our justice system and our borders. It would genuinely want to invest in front-line responders and make sure that illegal firearms are taken off the street and that people are kept safe in this country, but the current government is not interested in actually governing well. The current government under the current Prime Minister is more interested in its appearance, its image.

The Prime Minister told veterans that they cost too much. Meanwhile, he handed $10 million over to a convicted terrorist, Omar Khadr.

The House resumed from June 17 consideration of the motion in relation to the amendments made by the Senate to 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.

Motion that debate be not further adjournedCriminal CodeGovernment Orders

June 19th, 2019 / 6:55 p.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, what the minister did not say is that they never consulted the victims of crime in this country. On the second to last day of Parliament, Bill C-75 comes to us. It does not show that they are taking the safety and security of Canadians seriously. We have seen this. They are attempting to water down serious offences in this bill, such as impaired driving causing bodily harm. The province of Saskatchewan has the worst record in the Dominion of drunk driving charges. I have talked to many victims, and they are upset with this bill, because they have not had chance to address it. Many of them have lost loved ones. When they look at this flawed bill, it is all about criminal rights and nothing about the victims in this country.

I would like the minister to answer that. What is the government doing for the victims in this bill, because they are upset with this?

Motion that debate be not further adjournedCriminal CodeGovernment Orders

June 19th, 2019 / 6:50 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank my colleague for the question.

What I am saying applies specifically to this bill. I am talking about this bill only.

As parliamentarians, we have a lot of opportunities to reflect on legislation and take part in debates. As I said, there were 22 hours and 10 minutes of debate. At second reading, there were seven hours and 15 minutes of debate. We heard 24 speeches at second reading, including nine from the NDP. Everyone had plenty of opportunity to contribute to this bill. I can quite comfortably say that we had enough time. We have been studying this bill for more than a year. At some point we have to decide.

As I just explained, as far as human trafficking is concerned, which my colleague brought up, we incorporated Bill C-38 into Bill C-75 because human trafficking is a very serious offence.

Moreover, the system gives the prosecutor the flexibility to determine how to proceed. Also, there is always the option to proceed by way of indictment. The penalties are very serious.

I want to assure my hon. colleague that we are not treating serious offences any less seriously.

Motion that debate be not further adjournedCriminal CodeGovernment Orders

June 19th, 2019 / 6:45 p.m.


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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Mr. Speaker, we are in the last few days of Parliament, and it seems like every day the government is saying it is going to invoke closure and bring forward time allocation to shut down debate.

Contrary to what the minister has just said, the process we go through here is this: Our committees look at these justice bills, and then we debate them here and send them to the Senate. Sometimes the Senate will send a bill back to us with amendments. Indeed, the Senate has sent this bill back with a number of amendments, at least 13 or 14, from what we hear tonight. However, we are not given the ability to debate those amendments. Our constituents expect us to do our due diligence.

We debated the bill prior to this, but the Senate has sent it back, and now the Liberal government is going to invoke closure. This is not just about closure and time allocation; it is about another promise of an omnibus bill. Bill C-75 is a 300-page bill that is an omnibus bill. The government has thrown everything in here, and now we are asked to shut down debate and get ready to vote on it.

The question that came from the Liberal side hit the nail on the head. That member said that one of the things we are concerned about is long delays in the courts. This bill is not just hybridizing many offences, but showing the failure of the Liberals to appoint judges throughout this country so these cases can be heard in the court system. Therefore, the Liberals bring this forward to basically push things through quickly, like a revolving door.

This is how the Liberals drew this up. Originally, offences like leaving Canada to join a terrorist group were part of this bill. It is basically allowing them to water down serious offences, such as advocating genocide, using a date rape drug and human trafficking. Yes, some of those may not be in there now, but that is the Liberal philosophy of criminal justice reforms.

I am sorry, but we are skeptical of the kinds of measures the current government brings forward, and we are very skeptical of the closure the minister is invoking.

Motion that debate be not further adjournedCriminal CodeGovernment Orders

June 19th, 2019 / 6:40 p.m.


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Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Mr. Speaker, although I am anything but a lawyer, my constituents and I are very concerned about long delays in the legal system. I see some major reforms in Bill C-75.

I would like to know if the minister thinks we held enough consultations. I believe this is a very important bill, and I want to be sure everything has been done properly.

Motion that debate be not further adjournedCriminal CodeGovernment Orders

June 19th, 2019 / 6:30 p.m.


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Conservative

Jim Eglinski Conservative Yellowhead, AB

Mr. Speaker, I am very alarmed that here we go again with the Liberal government, through an omnibus bill, Bill C-75, watering down criminal penalties for serious crimes. What really irks me terribly is that impaired driving causes bodily harm.

Statistics in Canada today state that impaired driving offences are going up. Impaired driving is a leading cause of death in Canada, whether from consuming alcohol or drugs, and here is that government trying to include a softening of the sentences for it through Bill C-75.

I wonder if the government could answer this. What is it really trying to do here? Statistics are going up and penalties are going to be reduced. How is that going to help make Canada safer for people driving on the roads?

Motion that debate be not further adjournedCriminal CodeGovernment Orders

June 19th, 2019 / 6:30 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, in relation to the consideration of the Senate amendments to Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, I move:

That debate be not further adjourned.

Motion in relation to Senate amendmentsCriminal CodeGovernment Orders

June 17th, 2019 / 11:50 p.m.


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Liberal

Anthony Housefather Liberal Mount Royal, QC

Mr. Speaker, it is an honour and a pleasure to follow the remarks from the hon. member for Victoria and the hon. member for West Nova, both of whom have been outstanding members of the justice committee and will be missed in this place for their wisdom, sincerity, honesty and integrity. I will very much miss both of my colleagues.

I am pleased to rise to talk about the amendments adopted by the Senate at third reading on June 13, 2019.

First and foremost, I would like to thank all members of the other place for their thoughtful consideration of Bill C-75. In particular, I want to thank the Senate Standing Committee on Legal and Constitutional Affairs for its diligent and comprehensive examination of the bill.

This bill proposes major reforms to reduce delays by modernizing the criminal justice system and enhancing the effectiveness and efficiency of procedures, while ensuring the safety of Canadians and seeking to reduce the overrepresentation of indigenous people in the system.

The provinces and territories, along with many members and many stakeholders in the criminal justice system, are looking forward to the enactment of this legislation.

Bill C-75 introduced reforms in seven key areas: modernizing and streamlining bail; enhancing the existing approach to administration of justice offences, including for youth; restricting the availability of preliminary inquiries to offences with penalties of life imprisonment; reclassifying offences; strengthening judicial case management; improving the jury selection process; and implementing other additional efficiencies.

The other place has proposed amendments to the bill related to bail, reclassification of offences, the victim surcharge and preliminary inquiries.

Although the focus of my remarks will be on the other place's amendments related to the preliminary inquiry provisions of the bill, I would like to preface these by highlighting a few other areas that, cumulatively, will improve efficiencies and reduce delays.

Bill C-75 includes widely supported changes to bail provisions. They seek to enact a principle of restraint for the police and the courts to ensure that the earliest possible release of the accused is favoured over detention, while providing additional guidance to the police on how to impose the appropriate conditions.

The bill would improve the approach used for administration of justice offences, such as breach of bail conditions.

These offences represent a significant volume of Canadian criminal court processing. The creation of a judicial referral hearing would result in fewer charges for these offences being laid, given that the hearing would serve as an alternative for bail breaches and failures to attend court in cases where there has been no physical, emotional or financial harm to a victim.

I would now like to turn to the amendments proposed by the other place to the preliminary inquiry reforms in Bill C-75.

As introduced, the bill would have restricted the availability of preliminary inquiries to adults accused of the 70 offences in the Criminal Code for which they could be liable to life imprisonment. The government's objective has been clear from the beginning on this matter: to reduce the number of preliminary inquiries held in Canada to create efficiencies and limit the impact on those who would have to testify twice. In the jurisdictions that hold the majority of these hearings, the improved efficiencies in the criminal justice process could be significant.

Our committee, the House of Commons Standing Committee on Justice and Human Rights, and the Senate Standing Committee on Legal and Constitutional Affairs heard from many stakeholders from the legal community, including the defence bar and Crown attorney associations, such as the Canadian Bar Association and the Barreau du Québec, that opposed such a significant restriction on the availability of preliminary inquiries, arguing that they are vital in providing important evidence to the accused of the case against them.

As a result of these concerns, the committee in the other place moved an amendment that would expand the availability of preliminary inquiries, on a discretionary basis, to all other indictable offences, an additional 393 offences, in two situations. The first would be where one or both parties requested one and a justice was satisfied that appropriate measures were taken to mitigate the impact on victims. The second situation would be where only one party requested a preliminary inquiry, a justice was satisfied that it was in the best interest of the administration of justice that one be held and appropriate measures were taken to mitigate the impact on victims.

As proposed, the amendment would add a step in the criminal justice process to justify holding a preliminary inquiry. It could generate uncertainty for the parties as to whether a preliminary inquiry would be held and would likely result in litigation on the interpretation of the new complex criteria, ultimately leading to additional delays.

Even witnesses who came before our committee who believed that the proposals contained in Bill C-75 were too restrictive agreed that they could add to delays. For example, in her testimony before the Standing Committee on Justice and Human Rights, one of our most incredible witnesses, lawyer Sarah Leamon, from British Columbia, stated:

Now, we know that when a person does decide to go ahead with a preliminary inquiry, the matter will take significantly longer to conclude and is likely to use more judicial resources. That is supported by statistics from Statistics Canada, as well as The Canadian Bar Association....

Given that the amendment was driven by concerns, which were also echoed by members across party lines in this chamber, that the availability of preliminary inquiries was being too severely curtailed by Bill C-75, and I must note that there were many members of our committee who wanted to try to find a way to amend the bill to expand the scope of preliminary inquiries, I am very pleased that the Senate proposed something. The government, in response, is offering a constructive alternative approach. This would involve making preliminary inquiries available for offences carrying a maximum penalty of 14 years or more of imprisonment.

Although this would expand the availability of preliminary inquiries to an additional 86 offences, it would be consistent with the objective of Bill C-75 as introduced as well as with the 2017 federal-provincial consensus to restrict them to offences carrying the most serious terms of imprisonment. This approach would be palatable to jurisdictions that would have further restricted their availability to the most serious offences in the Criminal Code, such as murder and high treason. It would also provide certainty as to which offences would be eligible for a preliminary inquiry and would avoid the risk of litigation inherent in the Senate amendment.

This proposal strikes an artful compromise and a good balance, and I strongly support it.

Overall, this important bill responds to the systemic problem of delays in the criminal justice system, while introducing innovative measures for driving a shift in culture, as noted by the Supreme Court in Jordan.

I ask all my colleagues to support this very good bill and the constructive approach of the government and the Minister of Justice, whom I strongly support, to the amendments from the Senate.

Motion in relation to Senate amendmentsCriminal CodeGovernment Orders

June 17th, 2019 / 11:35 p.m.


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Liberal

Colin Fraser Liberal West Nova, NS

Mr. Speaker, I am pleased to join the debate considering the Senate amendments to 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 represents the government's legislative response to reduce delays, modernize the criminal justice system and facilitate the administration of justice by the provinces and territories.

The Senate proposed amendments to the bail, reclassification of offences, victim surcharge and preliminary inquiries provisions of the bill.

I would like to focus my remarks tonight on some of the amendments relating to the reclassification of offences, or hybridization as it is sometimes called.

The reclassification amendments are a key part of the legislative reforms identified by federal, provincial and territorial ministers of justice to reduce delays in the criminal justice system. They would also modernize and streamline the scheme for classifying offences in the Criminal Code.

There are two types of offences in the Criminal Code, those that proceed by summary conviction or by indictment. Some offences can be either. Summary conviction offences deal with less serious conduct, for example, causing a disturbance or trespassing at night, for which the current maximum penalty is normally up to six months imprisonment and/or a $5,000 fine. Indictable offences tend to be for more serious actions, for example, aggravated assault, robbery or murder for which maximum penalties range from two years to life imprisonment.

I failed to inform you, Mr. Speaker, that I will be splitting my time with the member for Mount Royal.

A hybrid offence allows the Crown to choose whether to proceed by indictment or summary conviction, recognizing that the severity of the conduct covered by the offence can vary greatly depending on the circumstances, for example, uttering threats, assault, dangerous operation of a motor vehicle.

Bill C-75 would hybridize 118 straight indictable offences that currently would be punishable by maximum penalties of two, five and 10 years imprisonment. It would also amend the Criminal Code to increase the maximum penalty for most criminal offences with a summary conviction penalty to two years less a day. The maximum penalties are being increased for summary conviction offences. The bill would also increase the current limitation period for all summary conviction offences from six to 12 months.

Indictable offences are often heard in Superior Court and generally take longer to process because of their associated procedural requirements, such as jury trials and preliminary inquiries, which can significantly lengthen the time it takes to complete a case. The reason for the availability of more procedural safeguards for indictable offences is that they carry the risk of much lengthier periods of incarceration.

However, there continues to be many straight indictable offences for which, depending on the circumstances, sentences in the summary conviction range are often appropriate and are in fact being imposed.

Cases involving straight indictable offences where the Crown is seeking sentences in the summary conviction range add unnecessary strain to Superior Courts because though they end up with a summary range sentence, they have been eligible for and have used complicated and time consuming processes to get there.

When an offence is hybrid, the prosecutor can elect to have the case heard either by summary conviction or indictment, based on the severity of the case, the circumstances of the offender and the best resources that fit that case. For this reason, provinces and territories have asked for many more straight indictable offences to be hybridized.

More cases being heard in provincial court would leave Superior Courts with more resources to consider more serious cases, thus speeding up the processing times.

Also, other proposed reforms in Bill C-75, such as restricting the availability of preliminary inquiries to only the most serious offences, will offset any additional workload on provincial courts that might result.

These proposals are not about downloading to the provinces and territories, as some have suggested. They are about providing provinces and territories with the additional flexibility they have asked for so Crown attorneys can choose the process that best aligns with the facts and circumstances of each case.

Some have claimed that changing the classification of offences will change how seriously these crimes will be taken by the system. This is simply not true.

The best indicia of the seriousness of an offence is its maximum available penalty. The hybridization amendments would not change any of the maximum penalties on indictment.

It is already a feature of our criminal justice system that prosecutors assess the facts of the case and the circumstances of the offender to determine which type of sentence to seek from the court. They can already ask for fines and low or no jail time for most of the indictable offences that Bill C-75 proposes to hybridize. As I have already explained, they often avail themselves of summary range sentences.

I have full faith in our prosecutors to continue to seek appropriate sentences. At the end of the day, it will be the judge who decides. Nothing in Bill C-75 proposes to lower the sentences that would be imposed under the law as it is now. These reforms will not change the fundamental principles of sentencing outlined in section 718 of the Criminal Code, which requires proportionality.

The Senate made three types of amendments to address concerns about possible unintended consequences of the reclassification proposals. One of these further amended section 802.1, to also allow agent representation as authorized by the law of the province. However, this is problematic because we do not have any information about how this amendment would operate with existing provincial and territorial laws. As a result, I am not comfortable supporting this amendment.

I am satisfied that the amendment this chamber supported last December to address this issue gives the provinces and territories sufficient flexibility to quickly address any consequences of the reclassification scheme on agents.

I am pleased to be able to support the other two amendments that the Senate made to the reclassification provisions. These are technical and would amount to maintaining the status quo for the collection of DNA samples of convicted offenders and of fingerprints of accused persons. Discretionary DNA orders are currently available for Criminal Code offences with maximum penalties of five years or more when the Crown proceeds by indictment.

Police have expressed concerns that fewer DNA samples will be collected once the reclassification amendments of Bill C-75 come into force. Senate amendment 1 will maintain the availability of DNA orders for those five- and 10-year indictable offences that Bill C-75 proposes to hybridize.

A similar amendment was moved when the bill was before the justice committee, however, that proposal had been much broader and would have expanded the current availability of DNA orders. Senate amendments 11, 13 and 14 respond to police concerns that the hybridization in Bill C-75 will result in police being able to collect fewer fingerprints.

These amendments change the Identification of Criminals Act, to clarify that fingerprints can be taken for an accused who has been charged with a hybrid offence, even where the Crown has elected to proceed by summary conviction. As we can see, Bill C-75 includes many significant tools to reduce delays in the criminal justice system and to better equip its stakeholders and participants to meet the Jordan time frame.

I support the majority of the Senate amendments and I urge my colleagues to support the government's proposed approach to ensure that this much needed bill is passed before the summer recess.

The House resumed consideration of the motion in relation to the amendments made by the Senate to 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--Notice of Closure MotionCriminal CodeGovernment Orders

June 17th, 2019 / 11:35 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, I wish to give notice that, with respect to the consideration of the Senate amendments to 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, at the next sitting of the House a minister of the Crown shall move, pursuant to Standing Order 57, that the debate be not further adjourned.

If there is a desire to find a better way forward, I look forward to those opportunities, but until then, it is with regret that I provide this notice.

Bill C-48—Notice of time allocation motionOil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 11:35 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, I would like to advise that an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the consideration of the motion in relation to the amendments made by the Senate to Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings of the bill.

Bill C-75—Notice of time allocation motionCriminal CodeGovernment Orders

June 17th, 2019 / 11:35 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, I would like to advise that an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the consideration of the motion in relation to the amendments made by the Senate to 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings of the bill.

Criminal CodeGovernment Orders

June 17th, 2019 / 11:10 p.m.


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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I was just making the point that the Criminal Lawyers' Association has made, about why mandatory minimum sentences are important. It is because if a criminal lawyer has the possibility, a zero-sum game, that his or her client will get the minimum sentence that is there with no discretion of the judges to forge a penalty that is appropriate in the circumstances, the lawyer is not going to cut any deals. There will be no plea bargaining. There will be no efficiency. Therefore, the greatest single efficiency gain would have been what the Prime Minister promised us would happen, which is that mandatory minimum sentences, the way the Conservatives did it, would be eliminated. That was the promise that Canadians received over and over again, only to be completely thrown out in this bill.

It is a gigantic reform initiative. To be fair, it is all pertaining to criminal law but is a gigantic effort with this gigantic problem completely ignored. It is not a problem that I alone identify as an obstacle to efficiency gains and to addressing the crisis that Jordan represents, of people walking free from very serious crimes because we cannot get a trial in a reasonable amount of time. For reasons that escape me, the Liberals completely ignored that and did a number of other things, some of which are commendable but do not do what the objective of the bill was to be, which was to address the issue of inefficiency. That is the problem that the Criminal Lawyers' Association pointed out.

The courts have been reduced to simply being, as some people call them, slot machines of justice. They have no discretion at all. If the facts are made out, the penalty is there. It is push a button. Some judges have complained to me privately that they feel like they are simply automatons. That is not what judges historically have done. The Conservatives rendered them in this position that is invidious and, frankly, embarrassing to many judges. What they thought they had the power to do, which was to render an appropriate sentence to fit the crime, was thrown out the window when mandatory minimums were imposed on so many of the sentences in the Criminal Code.

We also have a crisis in Canada with the overrepresentation of indigenous women in particular. To his credit, the Minister of Justice referred to this problem. We all are aware of it. It is another national disgrace. Jonathan Rudin testified to the justice committee. He is a very memorable witness. He is a lawyer with the Aboriginal Legal Services in Toronto. He highlighted the government's inaction with regard to abolishing mandatory minimum sentences and its particular effect on indigenous women. Here is what he said:

[w]e have to look at the fact that there are still mandatory minimum sentences that take away from judges the ability to sentence indigenous women the way [judges] would like [them] to be sentenced. There are still provisions that restrict judges from using conditional sentences, which can keep women out of prison.

The first thing he urged the committee to recommend was to bring into legislation that judges have sentencing discretion, which the Liberals promised to do and did not.

I suspect the problem is much worse now, but in 2015 the proportion of indigenous adults in custody relative to their percentage of the population was eight times higher for indigenous men and a staggering 12 times higher for indigenous women. Any measure that could address this problem head-on has to be looked at seriously. The government's failure to address what the mandate letter from the Prime Minister told us it would do is a serious missed opportunity.

I would like to turn to preliminary inquiries, which the minister also referred to and was the subject of some of the reform proposals that the Senate brought forward. The Senate legal and constitutional affairs committee passed an amendment to Bill C-75 that would bring back the option for preliminary inquiries for hundreds of criminal offences. Since Bill C-75 was first introduced in the House, the NDP has been advocating that preliminary hearings be retained in criminal proceedings. The Senate is attempting to reverse the government's move to eliminate preliminary inquiries for all offences, except for offences carrying a sentence of life imprisonment.

Senator Pierre Dalphond, a former judge, passed an amendment to bring back the option of preliminary inquiries for most indictable offences, as long as the judge ensures that the impact on complainants is mitigated.

The Liberals argue that this will cost court time, but we heard at the justice committee over and over again testimony that, if we got rid of preliminary inquiries, time saving would actually be marginal and the potential for miscarriage of justice would be great.

While the government has accepted many of the Senate amendments, it is using its motion to continue to severely limit the use of preliminary hearings. We have opposed this measure since Bill C-75 was brought to the House, and our stance, I am confident, remains the correct one.

The Liberals at the House justice committee voted to allow preliminary inquiries only when the maximum sentence is life imprisonment. The other place amended this provision to allow far more judicial discretion, increasing the number of offences that could have a preliminary inquiry from 70 to 463. The minister pointed out that they tried to find some middle ground on this issue.

Overwhelmingly, we heard from witnesses at the justice committee that restricting the use of preliminary inquiries will not address court delays sufficiently and will sacrifice or could sacrifice the rights of the accused. For example, Ottawa criminal defence lawyer Michael Spratt said at the committee that preliminary inquiries occupy a very small percentage of court time but “deliver huge savings to the system. Preliminary inquiries deliver these efficiencies in a number of different ways.” They focus issues for trial, reducing trial length; they identify evidentiary or legal problems in a case at an early stage so the parties can ensure that these problems don't arise during the trial; and they can facilitate the resolution of charges.

He was not alone. Time does not allow me to list all the people who agreed with Mr. Spratt, but they include the Canadian Bar Association; the Criminal Lawyers' Association; the Alberta Crown Attorneys' Association, the prosecution side; various defence lawyers, such as Sarah Leamon, a criminal lawyer; Professor Lisa Silver of the University of Calgary, and on and on, yet the government did not want to go there. I cannot, for the life of me, understand why.

There is also a huge possibility that with taking preliminary inquiries away, there could be a risk that people will be wrongfully convicted. That is what Bill Trudell, the chair of the Canadian Council of Criminal Defence Lawyers, said. The government says we do not need them because we now have what are called Stinchcombe disclosure provisions, Stinchcombe being a famous case requiring the Crown to provide all the evidence available to the defence witnesses. The government says that, as a result, we do not need preliminary inquiries. That certainly is not what these people have said, and on a risk-benefit analysis they think it is just not right. The possibility of a wrongful conviction seems to be something we should all be worried about.

I know that time is running out quickly, but I said I would comment on some of the positive things in the bill, and I would like to do so.

First, there is the elimination of what are called “zombie” provisions of the Criminal Code, which criminalize things that are no longer illegal. These provisions have been found to be unconstitutional and have no place in the Criminal Code.

The bill would restore the discretion of judges to impose fewer victim fine surcharges or not impose them at all. I commend the government for that step as well.

I said in my question for the Minister of Justice earlier that I commend the government for broadening the definition of intimate partner violence. That is a good step. Creating an alternative process for dealing with breaches of bail is another good step. Codifying the so-called ladder principle, which requires that the least onerous form of release be imposed, is a good thing as well.

I agree with the government, and I confess not everybody does, that abolishing peremptory challenges is a positive step. Also, the routine police evidence provision has been amended for the good.

For the LGBTQ2+ community, the vagrancy and bawdy house provisions that were often used in the past to criminalize gay men have been rightly repealed. I am proud of the role that I played at the justice committee in moving those amendments, and I commend the government for finally repealing these discriminatory provisions.

I wish to be on record as saying that there is much in this bill that is commendable. It is the fact of the missed opportunity that is so disturbing.

I still have concerns about the many hybrid offences created in Bill C-75, because contrary to what the hon. Conservative member for Sarnia—Lambton said earlier, all this does is to push them down to the already overburdened criminal courts at the provincial level. The more hybrid offences, which proceed by way of summary rather than indictment, go to the provincial courts, where 95% of all criminal matters already take place. I have talked to people in my province of British Columbia who are very concerned about the impact of this on the administration of justice in that province. Jordan is perhaps not as much of a problem in the superior courts, but is a bigger problem in the provincial courts. Surely, that was not the intent.

I know that I have little time left, but I want to complete the point I made earlier about Madam Justice Marion Buller, the chief commissioner for the National Inquiry into Missing and Murdered Indigenous Women and Girls. She had the opportunity to go to the Senate committee with her report. A number of suggestions were made for reform in the other place and are now in the amendments before this House. I am very happy that that has happened. However, there are still serious problems with some of the legacies of residential schools and the sixties scoop that still need to be addressed.

I believe my time is almost at an end, so let me just say this. I wish we could support this bill. There is much in it that is worthwhile, but the failure to do what the Prime Minister told us they would do, deal with the mandatory minimums, and the inability to address the preliminary inquiries in a more manageable way, are the reasons we must respectfully oppose this bill.

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June 17th, 2019 / 11:05 p.m.


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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, it is a pleasure to rise, albeit at this hour, to discuss Bill C-75 and the Senate amendments that have been brought to this place from there.

I agree with the thrust of the Senate amendments on behalf of the New Democratic Party, which supports the thrust of those amendments, but reluctantly have to say that, as amended, we must oppose this bill for the reasons I will describe.

I agree with the Minister of Justice, who spoke earlier, about some of the positive changes in this initiative. The bail reform provisions are exemplary. The intimate partner violence provisions are also very good. I am pleased that the Senate had the opportunity to deal with some of the recommendations by Judge Marion Buller, who, of course, chaired the inquiry into murdered and missing indigenous women and girls. She had the benefit of testifying before the Senate committee and, in turn, it had the ability to reflect her wisdom. That finds its way into the amendments before us tonight.

This improves the bill quite significantly, as I will describe, but there are some very significant issues that remain. I want to commend our colleagues in the other place for the work they have done to improve this flawed bill. We need to thank them for some of the work they had the opportunity to do.

We too, on the NDP side, have done an enormous amount of research and consultation, with people from the criminal defence bar, academics, prosecutors, former deputy attorneys general and others. We have done our homework on Bill C-75. After all, it is a mammoth initiative, the most significant criminal justice reform bill in a very long time. Regrettably, as a result of those consultations, we concluded that we must continue to oppose the bill, for reasons I will describe in a moment.

To be clear, we are in support of the amendments made by the Senate, yet decry the government's inadequate response to those amendments and ultimately have to therefore oppose the final bill as amended.

To begin with, why was Bill C-75 initiated? The Minister of Justice was clear about that in his remarks earlier. He alluded to the Askov case in the Supreme Court of Canada, and then, of course, the Jordan decision. The court said that there has to be a trial within a timely period, and it set down very specific limits for both indictable and summary conviction cases.

The objective was one of efficiency. It was to try to make our courts more efficient to deal with the enormous and, quite frankly, embarrassing backlog we have with our court cases, and to deal with the consequence of the Jordan case. As we know, often people who are guilty of offences walk free because the courts are not able to give them a trial within a reasonable period. That has to be an embarrassment to all Canadians.

Efficiency was the goal of this bill. However, after the consultation I just described, the debate in the House, and the work I was part of on the justice committee, where we heard a great variety of presentations, we concluded it is simply not an adequate response to the Jordan problem.

As I alluded to earlier, there are some good things in this bill, which I will also refer to later. However, sadly some of the deeply problematic things continue in the bill. I want to talk, by way of giving illustrations, of the general concerns that the criminal justice bar has had with this bill. I will start Ms. Sayeh Hassan, who is a Toronto-based criminal defence lawyer. By way of summary, she said, “While there are parts of Bill C-75 that have the potential for improving the criminal justice system, many other parts will not only be unhelpful when it comes to reducing delay but will also wipe out numerous rights currently afforded to an accused person.”

The big ugly elephant in the room is the fact that the government chose to completely ignore what so many people have talked about, which is the need to get rid of mandatory minimum sentencing. We had a reasonable hope that it would do so. After all, the Prime Minister told the former minister of justice that it was part of her mandate. Nothing happened.

Sean Fine, of The Globe and Mail, wrote:

As far back as October, 2016, the [former attorney general] told the Criminal Lawyers' Association in a speech that she would change the minimum sentencing laws “in the near future.” Days later, she told The Globe that new legislation would be coming soon, “certainly in the early part of next year.”

It never happened.

Our colleagues in the other place made a similar observation. It is the fourth item on their list of formal observations. I think it is worth repeating what they summarized. Under “Mandatory Minimum Sentences”, it says:

In its Delaying Justice is Denying Justice report, the Committee recommended that the Minister of Justice undertake a thorough review of existing mandatory minimum sentences in order to: ensure a reasonable, evidence-based approach to when they are appropriate; and consider whether persons with mental health issues should be considered for alternative sentencing options or treatment when faced with mandatory minimum sentences.

During its study of Bill C-75, some witnesses expressed significant disappointment that it does not include any reforms to the mandatory minimum sentencing provisions in the Criminal Code. In the Mandate Letter to the Minister of Justice...of 12 November 2015, [the Prime Minister] stated that the Minister...was to “conduct a review of the changes in our criminal justice system and sentencing reforms over the past decade.” In the Minister’s letter to the Chair of the committee, he stated that the Government “is committed to advancing sentencing reform” and that it is “committed to reviewing the mandatory minimum penalties in the Criminal Code with an eye to eliminating many of them and restoring judicial discretion.”

The committee [of the Senate] observes that the Government of Canada has had four years to bring forward amendments to these provisions in the Criminal Code and that, to date, no legislative action has been taken.

I join with my colleagues in the other place in noting that the government's failure to address the often unconstitutional mandatory minimums cannot be understated. It is a serious problem.

This led the Criminal Lawyers' Association to write in its position paper that “[m]andatory minimum sentences frustrate the process of resolving cases by limiting the Crown’s discretion to offer a penalty that will limit the Crown's ability”—

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June 17th, 2019 / 11 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I find that the Liberals are always consulting but never listening, where the Conservatives are consulting and listening to what people are saying. As I posted the information on Bill C-75, I saw huge activity on social media. There were a huge number of petitions and letters and emails from Canadians saying that was not what they wanted. When people have committed serious crimes, they need them to be put in jail and kept there. They want the prison sentence to fit the crime. They do not want murderers and rapists walking away because their case has been before the court for too long. Therefore, I think Canadians recognize there is a problem. This bill does not address the problem. That is the point I was making tonight.

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June 17th, 2019 / 10:55 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, there was quite a bit to that question.

With respect to it being a great time to be a criminal under the Liberals, I am sure many people have seen on Facebook the comparison that says would it not be great if we put seniors in prison because then they would receive the medical care, the food, the shelter and the attention they need. In some cases, we are treating criminals better than we are treating seniors.

This move to focus on less punishment for the criminals and to ignore the victims rights or to take away the funding for victims services is a disservice.

With respect to equality under the law, I absolutely believe in equality under the law and we need to do what we can, but we need to address the root causes of why we have overrepresentation from some groups in prison.

On intimate partner violence, although I want to see intimate partner violence reduced, we see this increasing. Many people coming into the country are coming from places where intimate partner violence is very common and considered part of everyday life. We need to educate those people so we can prevent this from happening. However, we need to recognize that in Bill C-75 there is a total discrepancy between working on intimate partner violence, but allowing forced marriage, especially forced marriage of children.

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June 17th, 2019 / 10:30 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, it is a pleasure to rise in the House to speak. This could quite possibly be the last speech I make in the 42nd Parliament. I certainly have a number of things to say about Bill C-75.

Bill C-75 amends criminal law. It is a justice bill. When we look at bills that fall into this area, it is important to remember what we are trying to achieve with bills in the criminal justice system. The first thing we are trying to do is define for Canadians what unacceptable behaviour is. Once we have set that standard, then we are trying to assign penalties suitable to deter people from committing that crime. In Canadian federal prisons, we do not do a lot of rehabilitation, so really the main part of the criminal justice system is to assign a penalty that both is commensurate with the crime that was committed and also is a deterrent to keep people from committing that crime, and then to prosecute that charge in court with a fair and due process.

I would like to look at Bill C-75 and compare it to those criteria to see how it measures up.

First, I will talk about defining unacceptable behaviour. I am not sure that the Liberals understand what unacceptable behaviour is. I say that because we are talking about a Prime Minister who is the first prime minister to break a law, which he did when he took a private helicopter to billionaire island. The member for Brampton East was involved in allegations of money laundering. We are currently seeing the member for Steveston—Richmond East in several instances of money laundering, as well as being disbarred. There have been multiple ethical lapses and cases of sexual harassment that caused some members to be out of the caucus, but I would argue there are still some members within the caucus. There is a tolerance for things that, in the minds of Canadians, shows that maybe there is not a good moral compass in the Liberal Party to define what unacceptable behaviour is.

With respect to assigning penalties suitable to deter people from committing the crime, one of the most egregious things about the changes in Bill C-75 is that the Liberals have taken a number of crimes that Canadians would consider to be very heinous and reduced them to a summary conviction of two years or a fine. It is important to look at the list of the kinds of crimes we are talking about, so that people can convince themselves whether this is appropriate.

The most heinous crime on the list has to be the forcible confinement of a minor. In the minds of all Canadians, we value our children and we want to protect our children. If somebody kidnapped and forcibly confined a child, I do not think most Canadians would think it is okay to get off with a fine for doing that. That is unacceptable.

Also on the list is forced marriage and forced marriage of children. I am not sure this should be allowed at all in Canada, but I know one thing. If we are talking about forced marriage and marriage for people who are under 16, that is rape. It is clear that it is rape. Therefore, to put that as a summary conviction of less than two years or a fine is unacceptable. We can see in this country that rape is on the increase. One in three women will experience sexual violence in her lifetime. Therefore, it is clear that we do not have the right deterrent to reduce the crime that is happening.

I was the chair of the status of women committee when we studied violence against women and girls in Canada. We had testimony from quite a number of countries, and I was interested to look around and see which countries were doing a better job in the area of rape. There are countries that do not have a big issue with rape. I asked the witnesses why that was, and they said the penalty for the crime was 10 to 15 years in prison, so they have a deterrent for people not to commit that crime. There is also an awareness of the fact that it is illegal. We have a lot of people coming to Canada from places that have a different culture in many cases and have a different tolerance for things like rape. It is important that we educate people who come to this country about those issues. We should be setting punishment for this crime that is commensurate with it, and a fine is not acceptable.

Assault with a weapon is on the list. We sadly saw what happened today at the Raptors parade with people getting shot. This seems to be an event that is on the rise. I think about the Danforth shooting. I think about a number of shootings that have happened. Assault with a weapon should not be less than two years in prison or a fine. That is not acceptable. That is not a deterrent, and I think most Canadians would agree with that.

Originally, there were a number of items on the list that had to do with participating in terrorism activities, or leaving Canada to participate in the activities of terrorist groups. There was some walk-back within Bill C-75 on that issue, but we are still not in the place we need to be on that.

Canadians are concerned about terrorism. A number of events happen but we do not receive any information. I am thinking about the two fellows in Ontario who were caught with explosives and the FBI was investigating. Everyone says there is nothing to see here; all is fine. There is the Danforth shooting, the guy who drove a van and killed multiple people in Toronto. There is the return of ISIS fighters and people not knowing what is happening with them. Are they walking around? How do we know that the public is safe? There is a concern among Canadians that we should take a hard line on terrorism. I am glad to see some walk-back on that, but I want to keep an eye on it.

Another thing on the list is municipal corruption. Corruption in government of any kind is not something that should ever be reduced to a fine. We have seen lots of corruption in the existing Liberal government, lots of scandal. The fact that the Liberals have reduced the severity of the crimes on this list is indicative of the lack of moral compass on the other side.

Maybe “assisting prisoner of war to escape” is not a current issue, but how about “obstructing or violence to or arrest of an officiating clergyman”? This one is particularly egregious to me. I remember when Bill C-51 came from the Liberal government and tried to take what is today considered a crime, to attack or threaten a clergyperson, and remove that altogether. I remember the concern from churches in Sarnia—Lambton and across the country. They wondered why the Liberals wanted to take a protection away from the clergy, especially when cases of that nature had been prosecuted.

As a result of the public outcry and a swing in the polls, the Liberals backed off that, but here it is, showing up again, and this should be a flag to people who are watching tonight. What we see with the Liberals again and again is that they try something and when there is a public outcry, they back off, but as soon as they get another chance to sneak it in, it comes back.

A number of things have been like that. I am thinking of the tax that the Liberals were going to put on dental and health care. They backed off, but I bet it will reappear. It is the same thing with the small business tax on passive assets. As soon as there was an outcry, the Liberals backed off, but this is something to watch for if they get another chance.

Impaired driving causing bodily harm is on the list. This is quite concerning as well. We can think about the amount of work that organizations like Mothers Against Drunk Driving have done to raise awareness, to try to get stiffer penalties for impaired driving causing bodily harm. We can think of the tragedy of many parents who have lost children or loved ones who have been killed by somebody driving impaired. To reduce this to a conviction of less than two years or a fine is totally unacceptable, especially from a government that legalized marijuana, knowing that Colorado and Washington saw a doubling of traffic deaths due to impaired driving. This is a step in the wrong direction and should be reconsidered.

There is another one in the bill that talks about polygamy, and I am not sure why this one made the list. Polygamy has been illegal in Canada for quite some time and culturally, we would like to preserve that. I am not sure why we would want to lessen the severity of the crime for that.

There is arson for fraudulent purposes. These acts are clearly serious crimes. If I go back to the original premise that says the reason we have a criminal justice system is to assign penalties suitable to deter people from committing a crime, I think we could admit that diluting the penalty in the way Bill C-75 does is not going to help us move forward or deter crime in this country.

I want to read quotes of what people have said about Bill C-75. Ms. Markita Kaulius, the president of Families for Justice, said, “Bill C-75 is a terrible bill for victims and for public safety.” Stephanie DiGiuseppe, a litigation lawyer in Toronto specializing in criminal and constitutional law, said, “Bill C-75 is a massive step backwards for justice reform in Canada.” Christian Leuprecht, a professor at the Royal Military College of Canada, said, “the signal that [Bill C-75 is] sending is that these offences are no longer as serious as they were before.” It has been recognized across the country that this bill is not going to be good for the criminal justice system and it is not going to accomplish what we need to accomplish.

If I were a criminal in Canada, I would be saying it is a great time to be a criminal with the Liberal government in place because it always protects the rights of criminals instead of the rights of victims. There is a move to decrease punishments. We talk about some of the things that Bill C-75 was hoping to accomplish. One was that the court system is overloaded right now. One way of offloading the courts is to get rid of all the people in line by fining them instead of making them go through the court process. One way to prevent the courts from being clogged up is to hire enough judges to adjudicate the cases.

In the four years the Liberal government has been in place, the court is missing about 60 judges, at last count. That never happened under the previous Conservative government. There was always an adequate number of judges to process the cases in the courts. Therefore, reducing sentences and letting everybody off the hook is not the answer. We do not say that since there are too many people in line, we should allow the murderers and rapists go free, but that is essentially what is happening now because there are cases are waiting too long. According to Jordan's principle, after two years, those cases are thrown out of court. During the reign of the Liberals, murderers and rapists have gone free in Canada. Clearly, understaffing the judiciary is part of the problem and part of the solution is replacing them.

When it comes to enforcing punishments, there has been a bit of a lackadaisical attitude. I remember when we first heard that Terri-Lynne McClintic had been sent to a healing lodge that had no security. She had been convicted of brutally murdering a child and was supposed to be imprisoned with a lot of security until 2030. When we raised the issue, those on the other side did not understand why we were raising it because they thought it was no big deal. It took a public outcry for the government to recognize that this was a big mistake and people who commit serious crimes, like murdering a child, need to be behind bars. The punishment needs to fit the crime. Again, there is lack of a moral compass on the other side.

However, there are lots of protections for people in prison. Mental health supports were announced in the budget for folks in prison. I am not saying that criminals do not deserve mental health supports. I am just saying that since mental health supports are very much lacking for the rest of Canadians, why are we putting prisoners first? There is a program to provide free needles and we are moving to providing free illegal drugs to prisoners. I am not sure why the government is in the business of doling out illegal drugs; we do not provide free syringes and drugs to people with diabetes or everyone who has cancer.

I would certainly argue that when it comes to priorities, the government appears to be putting a priority on criminals, instead of victims and the rest of Canadians. I do not think that is the right priority, and the government should re-evaluate it.

The current Minister of Justice talked about the Senate amendments and the ones that should be included. He talked about the victim surcharge in one of the amendments. The victims surcharge was put in place because victims services were expensive. This was a way of recouping some of the costs, people who had done the harm had to do some remediation of the harm.

I am not sure, then, why the government would remove the requirement to have this victims service charge and to leave it to the discretion of judges. First, they have to remember that they can apply a victims surcharge. Then we leave it to their discretion as to whether they will apply it.

My experience has always been that when it is left to the discretion of judges, we see sentences becoming smaller and smaller over time. It is heartbreaking to me. I think about some of the stories I have heard of rape and been involved with them. In Sarnia—Lambton, for example, there was a case recently, where a 13-year-old girl was gang raped by two men who received prison sentences of months. We absolutely cannot have this kind of thing.

I think of Rehtaeh Parsons who was raped by multiple people. As a result of the ensuing shame that was put on her for over a year and a half, she took her life. It was a wrist slap for the people who were involved in that crime.

We do not have the right balance, and Bill C-75 does nothing to address it.

I want to talk about the previous Conservative government and its record on crime. The Conservatives are known, in general, to uphold criminal justice, to take the rights of the victim, rather than the rights of the criminal, and to try to impose stiff penalties for violent and heinous crimes. People will have a choice in the fall election. They will have a choice to move away from protecting the criminals' rights and move into the space of protecting the victims' rights. That will be important.

One of the interesting parts of the Senate amendments was the Senate trying to add different offences. The Senate decided it would add neglect or interference with a dead body to the list of things we might want to give a fine for or a summary conviction. The Senate wanted to make infanticide, killing a baby, a less than two years sentence or a fine. I do not think that is where Canadians are.

Setting traps, obtaining credit from false pretense, stock manipulation, gaming, fraud, falsification of documents, dealing in counterfeit money, on all of these things, the everyday Canadian would say they are crimes and people should go to prison when they do these things. They should not be given a fine or a summary conviction. I do not think it is right.

The government promised to uphold the rights of Canadians and to protect them. This is another example of where the government has not kept its promise to Canadians. It promised a lot of things. The Liberals promised small deficits. They promised to balance the budget by 2019, and here we are in 2019. They promised open and transparent government, but we have seen gag orders and cover-ups. The privacy legislation, which we just talked about, clearly is not hitting the mark.

We were told 2015 would be the last election under first past the post, another broken promise. We were told there would be no omnibus bills, another broken promise. We were told they would restore home mail delivery. The Liberals have broken 75% of their promises. When people are listening to what Liberals are promising this year, they should keep that in mind, that three-quarters of what is going to be said is never going to happen. We have seen that with the pharmacare promise. The Liberals promised that in 1997, 2004 election and again in the last election.

Then there is the wrong approach to guns. Assault with a weapon has been added to the list in Bill C-75 that will get a slap on the wrist. However, we see an increasing number of crimes involving guns. In fact, 95% of the gun crime in Canada is caused by illegal guns or guns used illegally. The government has not come up with a plan to address that. Our leader has come with a comprehensive plan that will address the real problem, which is guns used illegally by gangs, and bring the right penalties to deter bad behaviour. However, the Liberals are not on that page. They are as always taking the side of the criminals on these things, and we see a further move to decriminalize other behaviours.

I know there is a real push on for the Liberals to decriminalize all drugs. We just did a study at the health committee on the meth problem. We visited across the country. When we went to Winnipeg, we saw the problem with methamphetamine addiction. The response of the Liberals was to decriminalize it and give people free methamphetamine. Police officers are saying that these people are committing a lot of crimes, they are breaking into people's houses and there are all kinds of violent acts going on. Therefore, we have to be doing something that balances the protection of Canadians with the care that we have for folks who are addicted. However, that has not been addressed.

On Bill C-75, I received numerous petitions. I know people across the country are paying attention to this. I received a lot of information from the member for Niagara Falls, who was a former justice minister, as well as the member for Milton, who is very educated in these areas.

I heard the current Minister of Justice talk about indigenous people being overrepresented in the criminal justice system, and that is true. We need to get to the root cause of that, but I do not think reducing penalties for serious crime is the way to go about it.

I looked at some of the points that were made on reducing intimate partner violence. It is a great thing to reduce intimate partner violence, but forced marriage is intimate partner violence, especially when it is a child. There is a bit of hypocrisy in the way the bill was brought forward.

I did not hear a lot of conversation from the Minister of Justice on the modernization and simplification of the bail system and I would like to hear more. There is definitely room for improvement, but, again, modernization and simplification cannot mean abdication of responsibility in the criminal justice system.

On allowing a preliminary inquiry, which originally was allowed for serious crimes that carried life imprisonment, and I believe 70 infractions would meet that criteria, the bill would open that up to another 393 that could have access to a preliminary inquiry if one party or the other demanded it. Again, this will take more court resources. If the whole purpose of Bill C-75 is to try to help offload the courts and if the Liberals would let some more serious crimes go with a less than two-year conviction or a fine but then load up the court system again with a bunch of preliminary inquiries for a greater realm of offences, I am not sure that would achieve what they want to achieve.

Overall, when I look back to what we want to do in the criminal justice system, we want to define unacceptable behaviour, and certainly there is a good list, but we also want to assign penalties suitable to deter people from committing the crime. The Liberals missed the mark on that with Bill C-75.

We want to prosecute in court with a fair and due process. I do not think Bill C-75 would do that. I do not think it is fair to the victims to have these very serious crimes punished with a slap on the wrist, which is essentially what a fine or a less than two year summary conviction is. I do not think we will increase the cycle time through the courts, because, again, judges are still missing, which is a key part of it. Now the bill would increase the number of preliminary inquiries. Therefore, I do not believe Bill C-75 will hit the target.

The bill should not go forward. I know the government is rushing it through in the dying days of of the 42nd Parliament, but I will not support Bill C-75 and I know my constituents and those across the country will not support the bill or the government.

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June 17th, 2019 / 10:20 p.m.


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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I would like to congratulate the minister on his speech. I agree, on behalf of the NDP, with the thrust of his remarks with respect to the Senate amendments made to Bill C-75, certainly with respect to intimate partner violence and the bail reform provisions and, in particular, the section 802.1 where law students and agents will again be able to represent people fully in summary conviction matters. I think these are all really important matters and I agree with him.

However, surely, if the issue is about the Askov and Jordan delay principles, the elephant in the room would be the fact that the government has failed to follow up on the Prime Minister's commitment to address to the minister, in the mandate letter, the minimum mandatory sentences provisions. I agree with him that we have a crisis in the over-incarceration of indigenous people, eight times as many indigenous men per capita, 12 times as many women.

Jonathan Rudin and others who work with Aboriginal Legal Services, say that there has to be a change in the mandatory minimum provisions if we are going to change that. Why does the government not get that?

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June 17th, 2019 / 10:10 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I hope that everyone in this House will join me.

The fourth element is on reclassification of offences. Reclassification of offences is another key element of Bill C-75 that will modernize and streamline the Criminal Code and promote a more efficient and economical use of judicial resources.

Hybridizing offences that are punishable by a maximum penalty of two, five and 10 years' imprisonment gives the provinces and territories greater flexibility to match their resources to the cases based on the offender's circumstances and the gravity of the case.

However, this reclassification would not change the fundamental sentencing principles. The classification reforms do not reduce penalties. Serious offences will continue to be treated seriously by the courts.

The other place's amendments 1, 10, 11, 13 and 14 are about the reclassification of offences and touch on areas for which witnesses expressed concerns about amendments potentially having unintended consequences.

Amendment 1 would allow a court to order DNA sampling for offences punishable by five and 10 years' imprisonment. Bill C-75 would hybridize those offences, and DNA orders are already issued for them. This amendment is consistent with the objectives of the bill, and I urge the House to join me in supporting it.

I would also urge the House to join me in supporting amendment 11, which would amend the Identification of Criminals Act to state that a person accused of a hybrid offence can be fingerprinted even if the prosecutor opts to proceed by way of summary conviction.

Amendments 13 and 14 are consequential amendments relating to the coming-into-force date of the specified provision if amendment 12 is agreed to.

The other place's amendment 10 attempts to respond to concerns that a number of stakeholders made regarding the unintended impact of Bill C-75's proposed amendments to increase the maximum penalty for most Criminal Code offences with a summary conviction penalty to two years less a day.

Currently section 802.1 makes clear that agents, including law students, articling students, paralegals and others, cannot appear in summary conviction proceedings where the maximum term of imprisonment is greater than six months, unless the agent is authorized under a program approved by the lieutenant governor in council of the province or the accused is an organization.

The Standing Committee on Justice and Human Rights amended section 802.1 to allow provinces and territories to establish criteria in addition to their existing authority to approve programs, authorizing agents to appear in summary conviction proceedings where the maximum penalty was more than six months and to allow agents to attend court in place of the accused to seek an adjournment of the proceeding on all summary conviction matters without prior authorization.

These amendments maintain jurisdictional flexibility in this area of criminal procedure while also recognizing regional diversity and how legal representation is regulated across Canada.

The proposed other place's amendment would add a provision that would also allow agents to appear where they are authorized to do so under the law of a province. We are concerned that there might be unintended results to this amendment. As I stated earlier, this bill is the product of considerable consultation with provinces and territories and there has not been sufficient time to analyze and ascertain what the effect of this amendment would be under existing provincial and territorial laws.

Moreover, provinces and territories already have flexibility to quickly address any consequences of the reclassification scheme on agents through the amendments made to the bill in this place last December. Using the proposed new power to do this through criteria or a program established by the lieutenant governor in council is a much faster process than legislative reform.

For these reasons, we do not support the other place's amendment 10.

The fifth element is about strengthening case management. Bill C-75 will strengthen Criminal Code provisions to improve case management.

The sixth element is about improving the jury selection process. Bill C-75 will also improve the jury selection process by eliminating the potentially discriminatory use of peremptory challenges, making the selection process more transparent, promoting fairness and impartiality and making jury trials more efficient in general.

The seventh key area was implementing other additional efficiencies. One of the most widely supported aspects of the bill is the promotion of additional efficiencies, including through the use of technology where available to facilitate remote appearances.

Bill C-75 also includes reforms proposed in three bills that were previously introduced as separate bills: Bill C-28, victim surcharge; Bill C-38, exploitation and trafficking in persons, and Bill C-39, repeal of provisions ruled unconstitutional.

The other place's amendments 5, 8 and 9 respond to the December 14, 2018, decision of the Supreme Court of Canada in R. v. Boudreault, which struck down the provisions in the Criminal Code related to the federal victim surcharge, used by provinces and territories to partially fund their victim services.

The other place's amendments re-enact a new victim surcharge regime that requires the imposition of a surcharge in all cases, but provides greater judicial discretion to depart from imposing the surcharge in appropriate cases, in order to address the concerns of the Supreme Court decision.

I believe the victim surcharge amendments will restore the necessary judicial discretion to ensure that the sentence imposed in each case is fit and proportionate. I urge this House to join me in supporting these amendments. These are changes that I know my provincial and territorial colleagues are awaiting.

In conclusion, as we can see, this bill contains a number of crucial measures to reduce delays in the criminal justice system. These measures will help modernize and simplify the system, while at the same time providing additional safeguards for vulnerable victims and restoring the ability to collect the federal victim surcharge.

Last, but not least, these amendments represent an important step towards reversing the historically disproportionate impact of the criminal justice system on indigenous peoples and marginalized peoples.

We must work together to ensure that this bill is passed before we adjourn for the summer.

Criminal CodeGovernment Orders

June 17th, 2019 / 9:50 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

moved:

That a Message be sent to the Senate to acquaint Their Honours that, in relation to 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, the House:

agrees with amendments 1, 2, 5, 7, 8, 9, 11, 12(b), 13 and 14 made by the Senate;

proposes that amendment 3 be amended to read as follows:

“3. Clause 239, pages 90 and 91:

(a) on page 90, replace lines 2 and 3 with the following:

“dictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469, the justice”;

(b) on page 90, replace lines 18 and 19 with the following:

able by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an”;

(c) on page 90, replace line 44 with the following:

“section 469 that is punishable by 14 years or more of imprisonment,”;

(d) on page 91, replace lines 20 and 21 with the following:

“offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the informa-”;

proposes that amendment 4 be amended to read as follows:

“4. Clause 240, pages 92 and 93:

(a) on page 92, replace line 11 with the following:

“14 years or more of imprisonment, other than an offence mentioned”;

(b) on page 92, replace lines 25 to 27 with the following:

“offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence mentioned in section”;

(c) on page 92, replace line 41 with the following:

“section 469 that is punishable by 14 years or more of imprisonment,”;

(d) on page 93, replace line 20 with the following:

“is punishable by 14 years or more of imprisonment, the justice or”;

proposes that, as a consequence of Senate amendments 3 and 4, the following amendment be added:

1. Clause 238, page 89: replace line 33 with the following

“fence that is punishable by 14 years or more of imprisonment is be-”;

proposes that amendment 6 be amended by replacing the words “an intimate partner – and, in particular, a partner” with the words “a person” and by replacing the words “on the basis of sex or is an Aboriginal person” with the words “because of personal circumstances – including because the person is Aboriginal and female”;

respectfully disagrees with amendment 10 made by the Senate because the Bill already provides flexibility to the provinces and territories with respect to agent representation while also recognizing regional diversity in respect of how legal representation is regulated across Canada, and because the amendment could have unintended repercussions for the provinces and territories; and, the Government continues to work with the provinces and territories to support the effective implementation of these reforms.

proposes that amendment 12(a) in the English version be amended by replacing the words “apply in Bill C-45” with the words “apply if Bill C-45”.

He said: Mr. Speaker, I am very pleased to be here today to speak to the amendments made by the other chamber to 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.

After being examined and given thoughtful deliberation in the Senate, the bill has returned to the House of Commons so that we can review the 14 amendments that have been made.

I would first like to thank all members and senators, particularly the members of the committees of both chambers, for their work to reduce the delays in the criminal justice system.

In particular, I would like to thank the chair of the justice committee, as well as the member for West Nova, both of whom gave me critical advice at appropriate moments.

I would also like to thank all of the witnesses who took the time to submit briefs and to appear before the committee, since they expressed very useful views about their experience with the criminal justice system, whether from the perspective of a professional, an accused, a victim or a family member.

Many of these witnesses echoed the concerns expressed by the Supreme Court of Canada in the 2016 Jordan decision.

We all know that delays in the criminal justice system are destructive, and particularly so to some of the most vulnerable members of our society: victims of crime and their loved ones. Delays also impact accused from groups that are overrepresented in the criminal justice system. Of course, the cost of inefficiencies is also borne by taxpayers.

I learned this lesson very early when I was fortunate enough to be a clerk to Justice Peter Cory of the Supreme Court of Canada. At that time, the Askov decision was heard, which was the predecessor to Jordan.

Bill C-75 presents an important opportunity to take concrete action to reduce these delays and respond directly to my mandate. It is the product of significant consultation over many years, and it would modernize the criminal justice system in ways that provinces and territories, which are responsible for the administration of the system, have agreed would improve the efficiency and effectiveness of this system.

All of the proposed amendments have been crafted with a view to the impact they would have on the incarceration rates of indigenous persons and persons who are vulnerable to being overrepresented in the criminal justice system in Canada. Bill C-75 seeks equally to improve the safety of our communities by implementing our government's commitments to toughen criminal laws and bail conditions in cases of intimate partner violence, or IPV, with the goal of keeping women and children safe.

As members will no doubt recall from when the bill passed through this place the first time, it is bold and transformative and contains many much-needed improvements to the criminal justice system. Today I will provide a general overview of the key areas of criminal law reform contained in Bill C-75, as well as some details on the amendments proposed by the other place.

First, I want to talk about the modernization and simplification of the bail provisions.

All stakeholders support the bill's proposal to modernize and simplify the interim release provisions. Everyone agrees that these reforms need to be made right away. This critical modernization of the interim release provisions will be the most comprehensive reform in 45 years. It will strengthen the key principles of interim release, which the Supreme Court of Canada has outlined many times, particularly just recently in 2017 in R. v. Antic.

Moreover, these changes are needed to reduce the overrepresentation of indigenous people and individuals from vulnerable populations in the criminal justice system. I look forward to the addition to the Criminal Code of the proposed requirement that particular attention be given to the circumstances of aboriginal accused in interim release decisions.

The other place proposed a slight change to the interim release provisions in the bill in response to the March 2019 Supreme Court ruling in R. v. Myers. The Court stated that the detention review under section 525 of the Criminal Code must be an automatic procedure whether the delay was unreasonable or not. This ruling raised some concerns in Quebec over the court of competent jurisdiction to hear these cases, given the unique way the term “judge” is defined for Quebec for the purposes of these interim release hearings.

Amendment 2 would uphold the current definition of this term for Quebec, but will add that only a judge from the Court of Québec may conduct a detention review, except in the case of a decision on the detention issued by the Superior Court of Quebec.

I urge all hon. members to support amendment 2 from the other place since it gives Quebec greater discretion to guarantee more effective use of judicial resources.

The bill amendments are also instrumental in increasing the safety of all women and girls, including indigenous women and girls. Specifically, they would require a justice to consider whether an accused would be charged with an offence involving IPV against an intimate partner when determining whether to release or detain the accused.

The amendments would also require courts to consider the criminal record of the accused, including prior convictions and the context of the offence. In cases where an accused who had a prior conviction for violence against an intimate partner is facing new charges for IPV, a reverse onus would be imposed on the accused at bail, meaning that the burden would shift to the accused to justify why the accused should not be detained pending trial.

Bill C-75 proposes other amendments in relation to ensuring that convictions for violence against intimate partners are taken seriously at the sentencing stage.

As passed by this place, Bill C-75 would modernize the current aggravating sentencing factor in the Criminal Code to ensure it would concur with our current understanding of IPV and would specify that it would apply to both current and former intimate partners, as well as the more modern conception of intimate partnerships, including dating partnerships. It would also allow for the possibility of seeking a higher maximum penalty in cases involving a repeat IPV offender.

Informed by the testimony of the commissioners of the National Inquiry into Missing and Murdered Indigenous Women and Girls, the other place's amendments 6 and 7 would strengthen these amendments to ensure that violence against indigenous women and girls would be treated all the more seriously at sentencing. The other place's amendment 6 would create a new sentencing objective in the Criminal Code that would direct a court to give primary consideration to the objectives of denunciation and deterrence for an IPV offence, in particular where the victim is vulnerable on the basis of sex or is an indigenous person.

The other place's amendment 7 would expand Bill C-75's aggravating factor to include IPV committed against a member of the offender's or the victim's family and would create a new sentencing principle that would require a court imposing a sentence for an IPV offence to consider the increased vulnerability of female victims, giving particular attention to the circumstances of aboriginal female victims.

I support these amendments, with a minor modification to the other place's amendment 6 to remove the concept of IPV and replace the reference to a person's sex with reference to personal circumstances and to specifically refer to aboriginal women. This would assist in ensuring judges take into account the increased vulnerability of indigenous women as victims for all offences.

It is also timely in that it would address some of the recommendations in the recently released missing and murdered indigenous women and girls report, recommendations 5.17 and 5.18. Moreover, these amendments would address some of the concerns noted by the Supreme Court of Canada in its recent Barton decision, where the court noted that indigenous women faced injustices in all areas of the criminal justice system as well as extremely high rates of violence.

I acknowledge that some may question these two amendments, given that the House did not support Bill S-215 at second reading. Bill S-215's proposed aggravating factors would have applied to only a few offences. This other place's amendment also differs from Bill S-215 in that it would apply to a broader group of victims. It would directly call on the court to consider the vulnerability of female victims, with particular attention to the circumstances of aboriginal female victims. In contrast, Bill S-215 was limited to the fact that the victim was a female person who was Indian, Inuit or Métis.

The second element is enhancing the existing approach to administration of justice offences, including for offences committed by youth. The judicial referral hearing procedure proposed in Bill C-75 is another positive reform aimed at diverting less serious, non-violent cases from the courts so that they may be dealt with more efficiently. This approach will also help reduce the overrepresentation of indigenous people and other marginalized groups in the criminal justice system, who are overrepresented among those accused of administration of justice offences.

This area of reform was recommended in the Standing Senate Committee on Legal and Constitutional Affairs' final report entitled “Delaying Justice is Denying Justice: An Urgent Need to Address Lengthy Court Delays in Canada”, given the significant number of cases involving administration of justice offences in the system and the pressure they cause. It is harder for the accused to break the cycle of crime because of these offences.

The bill gives police officers and prosecutors a new tool that allows them to ask judges to review all bail conditions that apply to the accused. This allows for an assessment of the reasonableness of the conditions and helps promote a culture change encouraging criminal justice professionals to play an active role in reversing the upward trend in the number of charges related to administration of justice offences, when other kinds of offences are declining.

The third point is on restricting the availability of preliminary inquiries to the most serious offences. As introduced, Bill C-75 proposed to restrict the availability of preliminary inquiries to indictable offences punishable by life imprisonment, roughly 70 offences. The other place agreed that these offences should automatically include a preliminary inquiry.

However, it also expanded their availability on a discretionary basis to all other indictable offences with a maximum penalty of less than life imprisonment, which would have been an additional 393 offences. As per the other place's amendment, preliminary inquiries would be available in two circumstances: first, where one or both parties requested one; and, second, a justice was satisfied that certain criteria were met, namely that appropriate measures were taken to mitigate the impacts on victims for both approaches and, where it was on the request of one party, that it was also in the best interest of the administration of justice.

The amendment responded to concerns that preliminary inquiries were not available for more and serious offences. However, the expansion of their availability, combined with the new complex criteria, would lead, in our view, to further delays and unnecessary litigation; for example, to interpret the proper application of the criteria.

Recognizing, however, that the other place's amendment was motivated by continuing concerns by the legal community and others, I proposed to not accept the other place's amendments 3 and 4 as drafted, but to revise the bill's original approach to make preliminary inquiries also available for offences with a maximum penalty of 14 years, for example, sexual assault with a weapon.

Although this would expand the availability of preliminary inquiries for 86 more offences, the proposal is consistent with the 2017 FPT ministers of justice's consensus to restrict them to offences carrying the most serious terms of imprisonment. A 14-year threshold will still provide certainty and will avoid the delays inherent in the other place's amendment.

I hope you will all will join me in supporting this amendment, as it strikes an important balance in what is a long-standing, contentious debate regarding preliminary inquiries.

Criminal CodeRoutine Proceedings

June 14th, 2019 / 12:15 p.m.


See context

Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

moved for leave to introduce Bill C-458, An Act to amend the Criminal Code (sentencing principles – remote emergency medical or police services).

Mr. Speaker, I want to thank my colleague from Red Deer—Mountain View for seconding my bill.

My bill seeks to amend the Criminal Code by providing for changes that evidence that an offence was directed at a person or property that was vulnerable because of the remoteness from emergency or medical or police services be a factor when considering sentencing. Rural Canadians are particularly vulnerable right now. Statistics Canada, police reports, all the information points to the fact that rural Canadians are specifically being targeted by criminals.

If my bill is passed it would ensure that criminals will face longer times in jail for purposely targeting rural areas, contrary to Bill C-75, which would just speed up the revolving door, which is a hot button issue in my riding and for all rural Canadians, many of whom are tired of being repeat victims.

(Motions deemed adopted, bill read the first time and printed)

Federal Courts ActPrivate Members' Business

June 13th, 2019 / 5:30 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, it is a pleasure to rise to speak to Bill C-331, which was brought forward by the member for New Westminster—Burnaby.

I will talk about the bill and what it purports to do, and then I want to talk about the state of the nation in terms of the Federal Court system, because this bill proposes to make changes there.

The bill's intent is “[to amend] the Federal Courts Act to provide for the jurisdiction of the Federal Court over civil claims brought by non-Canadians in respect of alleged violations outside Canada of international law or a treaty to which Canada is party.”

The intent of the member who brought forward this private member's business was to address instances where, for example, Canadian companies operating in other jurisdictions are not being good corporate citizens and are violating in some way the human rights of individuals there.

In the member's speech, which I reviewed, he had a number of examples of companies. A lot of them were mining companies, such a Nevsun Resources, which had a gold, zinc and copper mine in Eritrea, where there were allegations of forced labour, slavery and torture of workers. Another case was the one of Hudbay Minerals in Guatemala, where people were shot and killed. The intent of this bill is to allow people who may not be Canadians and who have had things happen to them outside of Canada to come and use the Canadian Federal Court system to pursue civil actions.

The issue I have with that, first of all, is that the Federal Court system, as it is today, under the current Liberal government, is in tatters. The former justice minister did not appoint a sufficient number of judges, so court cases were backed up and there was a huge logjam. As a result of that, many murder cases and rape cases were being tossed out of court because they had been in the queue for more than two years, and according to Jordan's principle, these people, guilty of heinous crimes, have gone free.

The government has continually eroded the execution of justice in Canada with a weakening of the rules. The government introduced legislation such as C-75, which took some very serious crimes, such as the forcible confinement of a minor, and reduced them to summary convictions, which means a penalty of less than two years or a fine. There was a whole list of charges in that bill that took serious crimes and brought them back to something that was minor in nature. I would argue that a fine for the forcible confinement of a minor is like a slap on the wrist for something that I think all Canadians would agree is heinous.

We also saw the situation with Tori Stafford's killer, Terri-Lynne McClintic, who, even though she viciously participated in the murder of a child, was allowed to go to a healing lodge, where there was no security and she was in the presence of parents who had their children with them when they came to work.

I am concerned that we need to strengthen our Federal Court system as it stands today, not weaken it, and the Liberal government has not done that. I am concerned that if we open it up to non-Canadians in other countries, they would come and bring an extra caseload of court cases to a court system that is arguably already under stress and not delivering. There are Canadian crimes that we are not able to adequately prosecute on time. That is a real difficulty.

Within the bill, there are 17 different types of cases that could be brought forward. I will go through a few of these and talk about incidents that have occurred during the 42nd Parliament, to give members an idea of the volume of these cases that could come before the Federal Court.

First on the list is “genocide”, which everyone knows is a very serious crime. If we think about some of the genocides that have happened during this Parliament, the Yazidis come to mind. Yazidi women were brought to Canada after the genocide where those people were exterminated by ISIS terrorists. That is one. There are still outstanding actions to be taken on Rwanda. That is another genocide that could come our way.

Another item on the list is “slavery or slave trading”. Human trafficking of someone under 18 is also on the list. Human trafficking is a huge issue in Canada. In my riding of Sarnia—Lambton, which is a border city, we see a huge amount of human trafficking happening. There is an actual network between Sarnia and Toronto that couriers people, and not just people from out of the country. Young Canadian boys and girls are lured into this and trapped in that lifestyle for years. There is no doubt that it is a heinous crime, but when I think about the number of these cases in Canada today and the fact that we do not have the resources to adequately prosecute our own, I am concerned about opening that up to the rest of the world.

Any “extrajudicial killing or the enforced disappearance of a person” is on the list. Let us think about the Saudi Arabian journalist who was exterminated. Let us think about the two Canadian men who were killed in the Philippines.

Also on the list is “systemic discrimination”. This opens it way up. When I was the chair of the status of women committee, we had visits of people from countries all over the world where women were being systematically discriminated against. They came to see what we were doing here in Canada. Some would argue that we are still seeing systemic discrimination within our own country. LGBTQ is another group that sees a lot of systemic discrimination across the world. If all of those cases came and flooded our courts, we would be very busy indeed.

The human rights violations that we are seeing right now in Hong Kong come to mind. There are 300,000 Canadians living in Hong Kong, and the Chinese government is trying to bring in extradition rules that would allow it to take anyone from Hong Kong and bring him or her to China. I am very concerned that if this bill came into force, there might be a lot of non-Canadians who would want to take advantage of the Canadian court system to pursue some civil charges there as well.

Child soldiers are another item on the list. We know that in every battle we are seeing from ISIS, child soldiers are being raised up. We see that in a bunch of the wars that are happening in Africa and similar places. That would open it up to a huge number of people, as well, who may want to take action and get some civil reward from the Canadian court.

“Rape” is also on the list. Rape is rampant in Canada. The data says that one in three Canadian women will experience sexual violence during her life. When we think about how many cases we have, and how many of those are being kicked out of court, we really do not have the capacity to take others on.

“Forced abortion” and “forced sterilization” are on the list. We heard testimony today at the health committee about forced sterilization and the thousands of women in Canada who are undergoing this. It is horrible, but, once again, there are lots of cases of our own to take care of.

Issues like pollution have been put on the list. Let us think about plastics pollution by non-Canadians. We know that 95% of ocean pollution is happening from eight rivers in Asia and two in Africa. Again, that is a huge volume of complaints that could be brought forward.

“Environmental emergency” has been added. That could be like the climate emergency that the Liberals brought in debate. The debate was never brought back, so it must have been a non-urgent emergency. Climate emergencies and environmental emergencies like that could also make the list.

I know the member was well-intentioned in bringing the bill forward and wanting to address those Canadian corporations, for example, but the bill needs to be narrower in scope, and I do not think we have the capacity in the Federal Court system. I would encourage the government of the day, or, on October 21, the Conservative government, to restore the federal justice system.

Opposition Motion—News Media IndustryBusiness of SupplyGovernment Orders

June 3rd, 2019 / 6:15 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I think the point is clear that the Leader of the Opposition has been told that Unifor will be his worst nightmare going into the next election.

The point is that this is clearly a very partisan organization. This is an organization that very much is against the Conservative Party of Canada and very much campaigning on behalf of the Liberal government, which means that now this whole exercise just became very political in nature.

I do not think we can argue with that point. It is very clear what has been said and what the motive of this union is. Therefore, $600 million are on the line and where they go will be determined by this partisan group of individuals. It is not only that. The majority of the money is being withheld and is going to only be given to these media outlets post-election. This means there will be an awful lot of motivation given to them, through the withholding of money and the promise of funds after the election, to cover the 2019 election in a very particular way. It does not take a great deal of intelligence to determine what that way is.

Of course media outlets will be encouraged, if not manipulated, to cover the election of 2019 from a Liberal vantage point rather than from a fair one that is non-partisan in nature. Why is that? It is because there are $600 million on the line and they want a piece of the pie.

I have clearly outlined that there is problem with regard to the independence, but it is not just me who says that. There is far more being said by journalists throughout the country.

Andrew Coyne said, “It is quite clear now, if it was not already: this is the most serious threat to the independence of the press in this country in decades.”

Don Martin said, “The optics of journalism associations and unions deciding who picks the recipients of government aid for journalism are getting very queasy.”

Jen Gerson, CBC and Maclean's, said, “If any of these associations or unions”, so the eight individuals who have been selected, “could be trusted to manage this 'independent' panel, they would be denouncing it already.”

Those are quite the statements.

Chris Selley, the National Post, said, “Liberals' media bailout puts foxes in charge of the chickens.”

I and my Conservatives are not the only ones pointing out significant concerns with the decision to give out $600 million of government money to media outlets across the country. Clearly, this is an attack on the independence and the freedom of our press.

In addition to that, it is a matter of protecting democracy and of ensuring media outlets actually cover the story of the day without being pressured by the government to do it one way or the other. As soon as the government offers money to media outlets, all of a sudden the press feels the pressure to cover stories in a way that would perhaps paint the government in a positive light. That is not okay; that is not the Canada we belong to.

We see the lack of independence and the lack of freedom in places like Turkey, Russia and China, where it is dictated how any sort of news will be covered and granted to the people in those countries. In Canada, we very much depend on the government staying out of the way and allowing press to cover a story from whatever angle that media outlet should choose.

The other problem with this is that there is no transparency in the application and review process. This concern has been brought up by the CAJ within the last couple of days. It has pointed out that there needs to be a more transparent process in moving forward with this, that those who apply for this funding should be listed online and that the process for applications for this funding should be made transparent. This should be put online and made available to the Canadian public. After all, the Liberals are taking Canadian taxpayer dollars and using them to help media outlets. That process needs to have greater transparency to it.

In addition to that, there should also be some transparency with regard to not only those who apply, but also who is rejected and why. Why are they rejected? It is fair that many Canadians, many journalists and many of those on this side of the House have a concern that the government will be quite biased in the way that it selects people. I say the government because, make no mistake, that while there are eight individuals on the panel, I have my suspicions that they are nothing more than eight puppets with the current government pulling the strings.

The entire independence and freedom of the press is being called into question with this $600 million bailout. In addition to that, our democracy is being put in jeopardy, as well as just a lack of overall transparency and good governance. It is absolutely terrible.

Furthermore, with regard to credibility, one journalist wrote, “The minute the union starts helping a government divvy up taxpayers’ cash for the benefit of news outlets, there is quite rightly a perception that reporters’ coverage is being bought off.” Whether that is the case or not, there is that perception. He goes on to explain that the credibility of a journalist is of utmost importance, that our journalists work hard to maintain the credibility and trust of the Canadian public. By the government giving $600 million to the free press, it calls into question that credibility. There is a problem there.

This is not the first time the Prime Minister has put his interests above those of Canadians. He does this quite often. In the NAFTA agreement, he said that he would get a good deal for Canada. He said he would not allow ink to go on paper until tariffs were removed. However, he put ink to paper. Meanwhile, we still had tariffs on steel. We still had tariffs on aluminum. We had tariffs on softwood lumber. We allowed the U.S. to take a good chunk of our market with regard to dairy. We allowed it to take a good chunk of our market with regard to auto and implement quotas. At the end of the day again, we saw where he put his image before the needs of the Canadian people.

Further to that was the students summer jobs program. We watched again as the government put itself first. It imposed a requirement on organizations that they would need to sign off on a value statement, that they would need to sign off on a set of beliefs and values in order to receive dollars from taxpayers. If organizations were not willing to sign this value statement, or this attestation, then they could not have any of that money. Again, the government was not acting in the best interests of Canadians. Instead it was acting in the best interests of the Prime Minister and the image he wanted to portray.

The problem with this was that many faith-based organizations could not sign the Prime Minister's value statements. Those organizations do tremendous work. They look after the homeless. They look after those who live in poverty. They help refugees come to Canada and settle here. They run summer camp for kids, many who are underprivileged kids. The Prime Minister actually refused to give them a dollar because they would not sign his value statement. That is wrong.

With the carbon tax, again, the Prime Minister is wanting to put forward this image of himself as someone who cares for the environment. He gets this great idea about putting a tax on pollution. Then all of a sudden people will no longer need to drive their cars to work, put clothes on their back, food on their tables or heat their homes in -30°C. That is not the case at all. That is ridiculous. It lacks any sort of logic.

What have we watched over the last four years? We have watched as emissions in the country have gone up. We have watched as the government is further away from meeting its targets than we have ever been as a country.

The current Prime Minister has the audacity to say he is standing up for Canadians, but he is standing up for no one other than himself. He wants to maintain his image, propagate his ideals and manipulate Canadians along the way, when it is all based on a foundation of deception.

With Bill C-71, the Prime Minister said he wanted to look after the safety and well-being of Canadians, and in order to do that he would go after those who legally acquired their firearms, who were properly vetted to have a firearm and who legally used their firearms, because that would take all criminals and gangs off the street. He thinks he will help make this place a safer country if he shuts down the sports shooters and the hunters. That is the Liberal logic. It is terrible. It is more about image than it is about serving the well-being of this country and the Canadian public.

Meanwhile, the same government put another bill in place, Bill C-75. Do members know what that bill did? It rewarded terrorists. It rewarded those who force marriage. It rewarded those who engage in genocide.

Royal Canadian Mounted Police ActGovernment Orders

May 17th, 2019 / 12:40 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, the Liberals are arguing that if we are all in support of the bill, we should just stop our speeches, stop giving voice to some of the concerns we have, and let it go, even though the government saw fit to introduce it during the first week of this month, which is very much at the end of the 42nd Parliament.

I have seen this pattern before. The Liberal government had a series of justice bills aimed at cleaning up the redundant and inoperable sections of the Criminal Code. It let those sit at first reading, in purgatory, and then eventually rolled them into Bill C-75, which was a gigantic omnibus bill full of problems. If it had just gone through with simple amendments to the Criminal Code, we could have put them through very quickly.

My concern is not so much about support in the House. It is about what is happening in the other place. The Senate does not seem to be a very friendly place for government bills these days. I am worried that we simply do not have enough time for the other place to send it back here if it makes amendments and for the bill to receive royal assent. This is on a very clear Liberal promise that was made in 2015.

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 9:15 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, the important aspect of Bill C-75 is that it would address delays by not clogging up the system with the administration of justice offences the member for Eglinton—Lawrence mentioned and by invoking the principle of restraint.

This would ensure that we do not overrepresent indigenous people in the criminal justice system and thereby cause increasing delays by clogging it further.

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 9:15 p.m.


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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Madam Chair, in the course of my remarks, I also made mention of Bill C-75, which is an important piece of legislation that would help reduce court delays by modifying several aspects of court processes and trial processes.

I wonder if the parliamentary secretary might highlight some of the ways in which we would significantly reduce delays through the enshrinement of Bill C-75.

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 9:15 p.m.


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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Madam Chair, I would like to thank the hon. parliamentary secretary for both his response to my question and his ongoing work, which includes advocacy on Bill C-75.

I would like to ask him a follow-up question. How do we ensure that indigenous people are better reflected in our judiciary, and in particular, on our juries? This is work the parliamentary secretary has given testimony to.

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 9:15 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Chair, I thank the member for Eglinton—Lawrence for his work as parliamentary secretary.

The work that is being done starts with Bill C-75, which was mentioned in the comments by the member for Eglinton—Lawrence. Bill C-75 adopts a number of principles, including a principle of restraint, conditions imposed by the police that must be reasonable in the circumstances necessary to ensure the accused's attendance in court and also to ensure that the entire circumstances of the accused are considered before conditions or sentences are meted out under that legislation. This will help address the overrepresentation of the accused, particularly indigenous accused, in our system.

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 9:05 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Infrastructure and Communities

Madam Chair, I would like to begin by acknowledging that we are gathered on the traditional territory of the Algonquin people. I would also like to commend the minister for his hard work and his dedication to the portfolio, which has seen his shepherding of legislation dealing with criminal justice reforms; important justice reforms that will enhance access to justice; his and his team's work on ensuring that we have a very capable and high-calibre bench through the ongoing work of judicial appointments, and finally, the all-important and historic work with reconciliation as it relates to our indigenous peoples.

I am honoured to be here to contribute to this debate, to speak to some of the concrete steps we have taken towards recognizing and realizing the government's vision of reconciliation with indigenous peoples across Canada.

Our government has taken the time to meet with many indigenous leaders across this country. We heard about their priorities, their vision for the future, and the challenges and obstacles they still face in achieving this vision. Hearing these perspectives has served to reinforce our government's commitment to renewing its relationship with indigenous peoples. We have continued with our efforts to address the ongoing negative and adverse impacts of colonialism, discrimination and marginalization that have, for far too long, been part of this country's social fabric.

Contributing to renewed Crown-indigenous relationships based on rights, respect, co-operation and partnership remains a priority for the Government of Canada. This is especially true in relation to Canada's justice system. Over the past few years, the Department of Justice and the Government of Canada have introduced transformative laws and initiatives to help achieve reconciliation.

One such initiative that we are very proud of is the release of the principles respecting the Government of Canada's relationship with indigenous peoples. This document will ensure that the rights and needs of indigenous peoples are considered whenever new policy initiatives or laws are being introduced or considered.

Another key document that the Department of Justice has released is the Attorney General's directive on civil litigation involving indigenous peoples. This document will help guide litigation positions being developed. The Department of Justice also continues to work with other government departments to find alternatives to litigation with indigenous peoples wherever and whenever possible and appropriate.

These are both foundational documents that establish a modern legal framework and clearly identify the core values informing the department's day-to-day work. As the introduction to the principles notes, they are “rooted in section 35, guided by the UN Declaration, and informed by the Report of the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission's Calls to Action”.

In addition, they reflect a commitment to good faith, the rule of law, democracy, equality, non-discrimination and respect for human rights. Training that focuses on the history and context that underlie the principles has been provided to approximately 25% of the Department of Justice's employees. It also covers practical ways in which these important documents can inform all the legal and policy work the Department of Justice oversees.

The directive is also a testament to the government's desire to transform Canada's relationship with indigenous peoples and uphold the promises of section 35 of the Constitution.

The directive continues to guide the Government of Canada's legal approaches, positions and decisions in civil litigation over ancestral and treaty rights and the Crown's duty towards indigenous peoples.

The Department of Justice also continues its efforts to advance the implementation of the Truth and Reconciliation Commission's calls to action, including the call upon governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation.

Canada has already stated its unqualified support for the UN declaration. Recently, in this session, the House of Commons restated its support for the passage of Bill C-262, an act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

If passed, Bill C-262 will bring us even closer to implementing the United Nations Declaration on the Rights of Indigenous Peoples. It will require us to continue the work we have already started on regularly reviewing federal legislation to assess consistency with the standards set out in the declaration. In collaboration with our indigenous partners, we will also have to develop an action plan for the implementation of the declaration and release annual reports on our progress.

The Department of Justice continues to advance a number of additional and more specific measures that will contribute to reconciliation over the long term. A key priority for the department is Bill C-75, which is now in the other place. The bill proposes various measures meant to help to address court delays. It will also play a role in one of the most serious issues facing our criminal justice system: the overrepresentation of indigenous peoples in the justice system itself and in particular in our jails.

Bill C-75 tackles bail reform and also addresses administration of justice offences, such as breaching bail. These offences can unfortunately function as an entry point into the criminal justice system and significantly contribute to the overrepresentation of indigenous peoples in the criminal justice system.

The Department of Justice also continues to support and expand the use of restorative justice, which we know is a priority for many of our indigenous partners. It is also committed to supporting innovative approaches to the administration of justice in Canada. This means focusing not just on renewing the government's relationship with indigenous peoples, but building a partnership where indigenous perspectives, laws and legal traditions find voice in an indigenous justice system in harmonization with the justice system regimes and processes across Canada.

For this reason, our government has encouraged indigenous communities to share their views and perspectives on indigenous laws and legal traditions. We are actively working to promote more dialogue with indigenous peoples that will guide our collective efforts to recognize and implement indigenous justice systems in Canada. Not only does this work occur in the Department of Justice, but across many ministries so as to give effect to reconciliation.

The Minister of Justice and Attorney General of Canada is holding a symposium on the indigenous justice system today and tomorrow. This is an valuable opportunity to talk to indigenous partners, academics, students of indigenous law and public servants from across Canada about revitalizing indigenous law and national and international perspectives on interactions between indigenous and non-indigenous justice systems.

The government also recognizes the importance of revitalizing indigenous legal systems. We know that indigenous law institutes, in partnership with indigenous communities, can play crucial roles in understanding, developing and implementing indigenous laws.

Not only are we working on transforming and modernizing our laws and programs, but we also have a transparent, inclusive and accountable judicial appointment process.

This new process underlines our government's commitment to reshaping the bench to better reflect Canada as it is today and to make the courts more accessible. I mentioned this important work at the outset of my remarks.

Ultimately the goal of all of the measures and initiatives I have just mentioned is to transform both how the Department of Justice engages with indigenous peoples and how indigenous people experience the justice system. We believe that the efforts made by this government to improve its relationship with indigenous peoples has led to some very significant progress and improvements to the lives of indigenous peoples over the last few years. However, much more work remains to be done.

Working in tandem with indigenous communities, we believe we can continue to ensure the implementation of the necessary work and the shifts in mindset required to advance our shared goal of achieving true reconciliation. Our government is committed to promoting, protecting and implementing the rights of indigenous peoples.

We hope that the efforts and accomplishments of the Department of Justice will continue to reflect our government's shared commitment to achieving reconciliation and earnestly carrying out the work required to accomplish such an important goal.

Not only do I encourage the government to continue this work, but I certainly encourage my colleagues across the aisle to support this transformative and historical work when it comes to reconciliation.

I have a number of questions for the minister.

First, what are some of the ways the government is working to reduce the over-incarceration of our indigenous peoples in the criminal justice system?

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 7:20 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Chair, I thank the hon. member for her important question. As I have stated, we are committed to ensuring that Canada's criminal justice system meets the highest standards of equity and fairness.

The Boudreault decision on December 14 found, as the member has pointed out, that the victim fine surcharge violated section 12 of the charter because it could result in a grossly disproportionate punishment, especially for vulnerable and marginalized offenders. Indeed, the provinces and territories that use this fund to fund victim services have not used it since December 2014, or their courts have not used it.

We realize this has an important role. We thought Bill C-75 went a long way to following with that, but after consulting with provinces and territories, the federal ombudsperson for victims of crime, and stakeholders, we have decided to propose amendments to Bill C-75, presently in front of the Senate, that will grant judges additional discretion to determine when the surcharge should be applied. This aligns it with the Boudreault decision, while continuing to ensure that offenders are properly held accountable to victims and to society as a whole.

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 7:15 p.m.


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Liberal

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Mr. Chair, since this place studied Bill C-75, on December 14, 2018, the Supreme Court of Canada rendered its decision on the victim surcharge found in section 737 of the Criminal Code. The court held that the mandatory victim surcharge is contrary to section 12 of the Charter of Rights and Freedoms, because it could result in grossly disproportionate punishment for vulnerable or marginalized offenders.

The mandatory surcharge is a fixed amount that every offender must pay at the time of sentencing. It is 30% for any fine imposed or $100 per summary conviction offence or $200 per indictable offence.

I am aware that Bill C-75 proposed changes to this regime in order to provide some judicial discretion related to the imposition of the victim surcharge. Does the minister feel that these changes properly respond to the Supreme Court of Canada's guidance? Will the government be proposing any amendments to this bill to reflect this new Supreme Court of Canada decision?

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 7:15 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Chair, I thank the hon. member for her speech, her question and her work on the justice committee.

The answer is fourfold.

The first measure is law reform, and the hon. member has spoken at length about the changes brought forward in Bill C-75, which we feel will increase the efficiency of our justice system and reduce delays.

The second is funding for various programs. The indigenous court worker program is one example. By working with certain over-represented groups, we will be able to address delays in the justice system.

The third is collaboration with provincial and territorial governments to address delays, and the last one has to do with judicial appointments. As I mentioned in my speech, we have made over 300 appointments of a very high quality since taking office, and that is helping to reduce delays in the system.

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 7:05 p.m.


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Liberal

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Mr. Chair, I will be providing 10 minutes of remarks followed by some questions.

I want to begin my remarks today by thanking all members on the Standing Committee of Justice and Human Rights from all sides of the House. Together, over these past few years, we have worked on issues related to access to justice, medical assistance in dying, mental health supports for jurors, strengthening impaired driving laws, addressing the issue of human trafficking in Canada and so much more. Ultimately, we have worked hard to ensure that the communities we represent safer.

There have been many pieces of legislation that have passed through our committee, and today I would like to focus on 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.

One of the challenges I have heard about from my community and from Canadians across Canada is the issue of delays in accessing the justice system. I have also heard from constituents about the accessibility of the justice system, issues surrounding victims rights and the challenges faced by victims of intimate partner violence. The purpose of Bill C-75 is to address these very issues of our communities from coast to coast to coast.

This legislation is a key milestone in the government's ongoing efforts to transform the criminal justice system, keeping the government's overall goals at the forefront, which are to keep communities safe, protect victims and to hold offenders to account.

Canada's justice system faces numerous major and multi-faceted challenges. While the volume and severity of crimes have decreased over the years, criminal court cases are becoming more complex and trials are taking longer to complete. Delays in the criminal justice system impact the accused and his or her charter right to be tried within a reasonable time. They also impact victims and all those affected by crime in our communities.

The criminal justice system is a shared responsibility between federal, provincial and territorial governments.

The federal government is responsible for the enactment of criminal law and procedure, criminal prosecutions of all federal offences, certain offences in the Criminal Code and prosecution of all offences in the territories, as well as the appointment of judges for superior courts.

Provincial and territorial governments on the other hand are responsible for the administration of justice, including the prosecution of criminal offences in the provinces, the administration of police, Crown and court personnel and the appointment of provincial court judges.

At their meetings held in April and September 2017, federal-provincial and territorial ministers responsible for justice met to discuss actions taken and ways to strategically address delays in the criminal justice system. Discussions included identifying innovative and best practices as well as legislative reforms to resolve criminal cases in a just and timely manner. All agreed on the need for targeted and bold criminal law reform in the following key priority areas: bail, administration of justice offences, preliminary inquiries, reclassification of offences and judicial case management.

Ministers agreed on the importance of a collaborative approach with all players in the criminal justice system, and Bill C-75 is a true reflection of that collaborative approach with key criminal justice system partners.

Some reforms included in Bill C-75 would address issues that were identified by the Senate Standing Committee on Legal and Constitutional Affairs in its June 2017 report, entitled “Delaying Justice is Denying Justice”. It included 50 recommendations, with a number of them relating to criminal law reform. The bill would address a number of these recommendations, namely on preliminary inquiries, case management, bail, administration of justice offences and the use of technology, including to facilitate remote appearances.

In addition, the reforms respond to the Supreme Court of Canada's decision in Jordan in 2016, which established strict timelines beyond which delays would be presumptively unreasonable and result in cases being stayed. In this decision, the Supreme Court also stressed the need for efforts by all those involved in the criminal justice system to reduce delays and increase efficiencies. Bill C-75 would address that.

One of the issues highlighted through our committee work is the overrepresentation of indigenous people in jail. The 2016-17 statistics indicate that 28% to 30% of custody admissions are indigenous. The numbers are even higher for youth at 50%, and women at 42%. Bill C-75 would help reduce the overrepresentation of Indigenous peoples and vulnerable populations in the criminal justice system.

Indigenous people and vulnerable populations tend to be disproportionately impacted by onerous and unnecessary bail conditions. They are also more likely to be charged with breaching minor conditions, and more likely to be caught in the revolving door of the criminal justice system.

The bill would help address these problems by enacting a principle of restraint in the bail regime to ensure that when there are no concerns about the accused coming to court or posing a risk to public safety, police officers and justices would release detained accused at the earliest reasonable opportunity; by requiring that conditions imposed by police be reasonable in the circumstances and necessary to ensure the accused's attendance in court or the safety and security of the victims or witnesses; and by providing that circumstances of the accused, in particular indigenous accused and accused persons from vulnerable populations, be considered at bail and in determining how to address a breach of conditions.

Bill C-75 also includes measures that would positively impact victims of crime. These include the bail reforms, which would also better protect victims of intimate partner violence by creating a reverse onus at bail, and would expand the list of conditions that can be imposed by police, including conditions to protect victims.

The preliminary inquiry reforms, which would restrict the availability of preliminary inquiries to offences with penalties of life imprisonment, would prevent some victims from having to testify twice.

The proposed administration of justice offence changes would only apply in cases in which there has been no harm caused to a victim, whether physical, emotional or through property damage.

The bill would also provide reassurance to victims of intimate partner violence by imposing a reverse onus at bail for accused persons charged with an intimate partner violence offence if they have a prior conviction for violence against an intimate partner; by requiring courts to consider whether an accused is charged with an intimate partner violence offence when determining whether to release or detain the accused; by clarifying that strangulation, choking and suffocation are elevated forms of assault; by defining “intimate partner” for all Criminal Code purposes and clarifying that it includes current or former spouse, common-law partner and dating partner; by clarifying that the current sentencing provisions, which treat abuse against a spouse or common-law partner as an aggravating factor, apply to both current and former spouses or common-law partners and dating partners; and by allowing for the possibility of seeking a higher maximum penalty in cases involving a repeat intimate partner violence offender.

Lastly, the proposed reforms with respect to bail, administration of justice offences and the reclassification of offences support an approach that is expected to minimize the differential impact on marginalized populations in the criminal justice system, including indigenous peoples, through modernizing and streamlining processes, providing flexibility and creating appropriate tools for managing factors such as vulnerability, mental health and addiction.

It is important to note that these proposed Criminal Code amendments cannot address all social issues that impact those in contact with the criminal justice system. As such, operational changes in the courts or in the administration of justice at the provincial and territorial level may better address such issues. As well, training for criminal justice system actors, such as police, the Crown and judges, would support the bill's goal of making the criminal justice system more fair and accessible to all Canadians.

As mentioned earlier, opportunities to address delays also fall under provincial jurisdiction, as provinces have responsibility over the administration of justice. It is unfortunate that the Ontario provincial government has recently announced its decision to cut funding for the Ontario Provincial Police by $45 million. These cuts will impact the administration of justice.

The people of Ontario, and indeed all Canadians, have the commitment of the federal government that we will continue to work closely with the provinces and territories to identify further measures to reduce delays and improve the criminal justice system.

That said, I do have some questions for the minister, if allowed.

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 6:50 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Chair, we are proud of Canada's diversity and inclusion. Our government believes that all Canadians should be safe to be themselves. In that regard, the major accomplishment was passing legislation that adds gender identity and expression as prohibited grounds for discrimination under the Canadian Human Rights Act, as well as adding gender identity and expression to the list of distinguishing characteristics of an identifiable group, so that they are protected by the hate speech provisions of the Criminal Code.

My colleague has mentioned section 159, the bawdy house and vagrancy provisions, in Bill C-75, which are also very important. We are proud to recognize these historic challenges that have been faced by the LGBTQ2 community, and we are committed to making their lives better. Indeed, equality is what we are committed to, so that people can live their lives and flourish as they wish to.

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 6:45 p.m.


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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Mr. Chair, I would like to say in English what I said in French, which is that the directive the minister is talking about is important, and we have heard from witnesses that it is important because it is a step in the right direction. It says that the government needs to follow the science, that prosecutors need to follow the science, and that when somebody is undetectable, they are untransmittable and should not be charged or prosecuted for non-disclosure of HIV status.

Equally important is the fact that because it is federal jurisdiction, the directive applies to the territories. British Columbia and Ontario have since issued a similar directive to their Crowns. However, I think it is important that we work at the federal, provincial and territorial level to include and encourage other jurisdictions to issue similar policies and directives.

Also, it would be important for us to look into the justice department. We have section 159, and we have the vagrancy and bawdy house provisions in Bill C-75, and I am looking forward to seeing it come back from the Senate. Could the minister share with the House and the committee of the whole other accomplishments that the department has achieved to make the lives of LGBTQ2 Canadians better?

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 6:35 p.m.


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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Mr. Chair, I will take your comments to heart and continue in the same vein the committee of the whole has proceeded to this point.

I will be providing 10 minutes of remarks, followed by some questions.

I am very proud today to take the floor to share with Canadians some of our government's accomplishments in recognizing, promoting and protecting the equality rights of LGBTQ2 communities.

From the beginning of our government's mandate, we have demonstrated our commitment to diversity and inclusion in the hope that all Canadians can participate fully in Canadian society and be recognized as deserving of the same respect, deference and consideration. This commitment equally extends to members of the LGBTQ2 community.

Canadians expect their government to respect their human rights and to promote these rights. As the Minister of Foreign Affairs once stated in this very chamber, LGBTQ2 rights are human rights, and human rights have no borders. It is a commitment our government takes very seriously abroad and here at home.

ln budget 2017, the Government of Canada set aside $3.6 million over three years for the creation of the LGBTQ2 secretariat within the Privy Council Office. The secretariat works with LGBTQ2 stakeholders across the country. This important work keeps our government informed about the challenging situations affecting LGBTQ2 Canadians and the potential solutions.

The secretariat also supports the integration of LGBTQ2 considerations in the day-to-day work of the federal government across all ministries. These efforts really help the government ensure that federal policies, programs and laws related to gender expression, gender identity and sexual orientation are all within the same spirit and the same view to equality, inclusion and diversity.

ln November 2016, I was honoured to be appointed the Prime Minister's special adviser on LGBTQ2 issues. My role is to advise the Prime Minister on how to develop and coordinate the Government of Canada's LGBTQ2 policies and laws. This includes informing cabinet, parliamentarians and committees and engaging with LGBTQ2 organizations from across the country and around the world to promote equality, and listening to LGBTQ2 people and communities and identifying solutions to improve their lives.

In addition to the excellent work of the LGBTQ2 secretariat, all ministries of our government have a responsibility to improve the lives of LGBTQ2 Canadians, and that includes the Department of Justice.

Early in our government's mandate, we also introduced and passed Bill C-16, an act to amend the Canadian Human Rights Act and the Criminal Code. This bill conferred greater protection on members of LGBTQ2 communities who experience discrimination and even violence because of their gender identity or expression. Bill C-16 added gender identity and expression to the list of prohibited grounds of discrimination set out in the Canadian Human Rights Act. This law promotes the principle that all individuals should have an equal opportunity to make for themselves the lives that they are able and wish to have, without being hindered by discriminatory practices.

Bill C-16 has also expanded hate crime offences in the Criminal Code to protect groups that are targeted because of their gender identity or gender expression.

Unfortunately, in Canada, transgender people are at high risk of verbal or physical violence and sexual harassment. Given this high degree of violence or threatened violence, it is only fair that our criminal law specifically denounce violence committed against a person as a result of the person's gender identity or expression.

The Prime Minister's apology to LGBTQ2 communities was another significant milestone in recognizing LGBTQ2 communities and protecting them as equal members of Canadian society. On November 28, 2017, the Prime Minister delivered a formal apology in this very House to individuals harmed by federal legislation, policies and practices that led to the oppression of and discrimination against two-spirit, lesbian, gay, bisexual and transgender people in Canada.

The Prime Minister apologized specifically for the shameful LGBT purge, the historical unjust treatment of LGBTQ2 federal public servants, including those in the Canadian Armed Forces and the Royal Canadian Mounted Police. This discriminatory treatment resulted in the loss of livelihoods, dignity and even lives.

There was a time in this country when people could be charged, prosecuted and criminally convicted simply because of their sexual orientation. To address this grave injustice, this government introduced Bill C-66. Now records of convictions involving consensual sexual activity between same-sex partners of legal age can be destroyed.

We are hopeful that this change will provide some relief to the many LGBTQ2 Canadians for whom the pain, trauma and fear have been all too real for all too long a time. Such discrimination has no place in Canada today. With Bill C-66, we took responsibility for recognizing and rectifying this historic injustice.

Since the government is taking measures to rectify historic discrimination based on unfair laws and policies, it is taking steps to remove from the Criminal Code an anachronistic offence that was used to target consensual sexual activities between gay men.

Under section 159 of the Criminal Code, unmarried persons can consent to engage in anal intercourse at age 18. The age of consent for any other form of non-exploitative sexual activity is 16 years old. Section 159 makes an exception for consensual anal intercourse between married spouses if they are of the opposite sex, but not if they are of the same sex. This is discriminatory policy, and several appellate courts have found that this provision violates the equality rights guaranteed by section 15 of the charter. Repealing section 159, as Bill C-75 proposes to do, will prevent the laying of charges against people who engage in non-exploitative, consensual anal intercourse.

The Attorney General of Canada recently issued a directive on the prosecution of HIV non-disclosure cases for federal prosecutors, which applies in our territories.

Presently, the Standing Committee on Justice and Human Rights is undertaking a study that deals with the issue of HIV criminalization. The committee has heard from numerous witnesses about the negative impacts, not just on people's lives but on the public health system, of criminalizing HIV non-disclosure. I look forward to the continued work of the justice committee and to its report, and I look forward to the government's responding in a robust way to this very serious issue.

Returning to the directive, I note it is based on current scientific evidence regarding the sexual transmission of HIV and applicable criminal laws, as clarified by the Supreme Court of Canada in the Mabior case. The directive recognizes that the non-disclosure of HIV is, first and foremost, a public health issue. It is also important to note that public health authorities have many tools at their disposal to ensure that people do not engage in reckless behaviour. Those tools would not require that such a provision be in the Criminal Code.

The Attorney General of Canada also issued a directive on the prosecution of HIV non-disclosure cases for federal prosecutors, which applies in our territories. It is important that we work with the provinces. Right now, Ontario and British Columbia have policies and directives, but there are several territories in Canada that do not have such a directive. The directive is based on current scientific evidence regarding sexual transmission of HIV and the applicable criminal law.

Today I have touched on only a few of the many actions our government has taken to advance the full recognition, protection and participation of our LGBTQ2 communities. Our government will continue to demonstrate its commitment to promoting an inclusive society that works for all Canadians.

Before I get to questions, it is important to note that when we open up committee to civil society organizations and hear witnesses from coast to coast to coast, we let people who are not within 15 minutes or even two hours of Ottawa know that this government is their government. We let them know that the House and our parliamentary committees are designed to understand the issues that matter to them. It is important that we continue to open our committees to a diversity of voices, such as indigenous voices, the voices of depressed and marginalized people, and the voices of the LGBTQ2 community.

The health committee is right now wrapping up a study that was unanimously accepted by all members, about the health indicators of LGBTQ2 people. Our health indicators for this group are only slightly above those for indigenous people.

We have a lot of work to do in this chamber. We have a lot of work to do in advancing legislation and a lot of work to do to make lives better for all Canadians.

Now I have a few questions for the minister.

Could the minister share with us why it is important for us to continue our work on the prosecutorial policy directive as it pertains to the prosecution of HIV disclosure?

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 6:20 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Chair, with respect to the LGBTQ2 issue, the minister raised important aspects of Bill C-16. I wonder if he could comment on Bill C-75, which I also understand would take an anomaly in the Criminal Code, which is that consensual sexual relations of same-sex couples who are adults are not criminalized, but currently consensual sexual relations between youth ages 16 and 17 are criminalized. How would Bill C-75 address that point?

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 6:15 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions

Mr. Chair, I think it is important that several things were outlined in the minister's speech. I would like to start with the question of victims.

From the work I have been doing as parliamentary secretary and the work that the committee has been doing on bills such as Bill C-84, where there was an important amendment to implement an offender registry for bestiality crimes, and Bill C-75, in relation to victims of intimate partner violence, I know that addressing the needs of victims is at the core of what we are doing as a government.

The minister mentioned in his remarks that under budget 2019 there is funding for the Department of Justice's victims fund, which is targeted at giving victims and survivors of crime the respect and dignity they deserve.

I wonder if the minister could elaborate on the types of projects these funds will support in budget 2019 to help us achieve our commitments toward addressing victims.

Department of Justice—Main Estimates, 2019-20Business of SupplyGovernment Orders

May 14th, 2019 / 6:05 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Chair, I will provide 10 minutes of remarks and then I will welcome questions from my parliamentary secretary, the outstanding member for Parkdale—High Park.

I would first like to recognize the Algonquin nation, on whose traditional territory we are gathering this evening.

I will briefly describe how the funding allocated in the main estimates 2019-20 will support our work at the Department of Justice.

I would like to remind the committee that the department strives to promote and maintain a fair, transparent and accessible justice system. The department also helps guide the modernization of the justice system. What is more, it provides the federal government with legal services and support.

The Department of Justice has a total budgetary authority of $744.52 million through 2019-20 main estimates, which is an increase of $46.77 million from the previous fiscal year. This additional funding is for major priorities, including but not limited to innovating and modernizing how regulations are drafted and implemented, enhancing the integrity of Canada’s borders and asylum system, providing Canadians with better access to public legal aid education and information, and supporting renewed legal relationships with indigenous peoples.

Much of this year's authority will support the administration of justice and the Canadian legal framework by directing funding to the provinces and territories, with whom we share the responsibility in this important area.

The funding will also help maintain and support our bilingual and bijural national legal framework. It will also support the department’s ability to transform and modernize the justice system, while protecting and promoting the rights enshrined in the Constitution and the charter.

I would like to outline some of the key funding we have received and the initiatives that it will help support.

First, we are currently conducting a comprehensive review of the criminal justice system in order to determine how effective it is in protecting Canadians. The review, which involved extensive public consultations, will also help ensure that our laws hold offenders accountable, that they are fair and equitable, that they respect the charter and that they show compassion and support for victims.

This ongoing review has already helped inform the initiatives and reforms we have introduced.

For one thing, the review contributed to Bill C-75. With this bill, our government is fulfilling its promise to move forward with substantive criminal justice reforms that will have a real and lasting impact on court delays. It will help increase efficiencies and reduce delays for all those involved in the criminal justice system while respecting their rights and protecting public safety. This important legislation is now before the other place, and I look forward to seeing it passed during this Parliament.

We are deeply committed to reconciliation and to transforming our relationship with indigenous peoples.

The directive on civil litigation involving indigenous peoples was released in January 2019. It supports our commitment to reconciliation and rights recognition by providing advice on the approaches, positions and decisions taken in the context of civil litigation involving indigenous peoples and related issues.

I would also add that we recognize the importance of revitalizing indigenous legal systems and the important role that indigenous law institutes can play in understanding, developing and implementing indigenous laws.

To this end, budget 2019 proposes $10 million over five years, starting in 2019-20, in support of indigenous law initiatives across Canada through the justice partnership and innovation program, JPIP, to improve equality for indigenous peoples in Canada's legal system. This builds on the $9.5 million per year we already provide for the delivery of indigenous courtwork services through the indigenous courtwork program. With their knowledge of indigenous culture, language and traditions, court workers provide direct support before, during and after court proceedings.

We are also continuing our efforts to fill judicial vacancies and increase diversity in the Canadian judiciary. The appointment process for superior court justices that we introduced is more transparent, inclusive and responsible.

We have made over 300 judicial appointments since November 2015. These exceptional jurists reflect the diversity that gives Canada its strength. More than half of those judges are women, and 30% are functionally bilingual. The appointments reflect an increased representation of visible minorities, indigenous peoples, people from the LGBTQ2S community, and people who identify as living with a disability.

While on the subject of diversity, it is important to highlight our continued support for protecting the rights and freedoms of the LGBTQ2S community. One example is our Bill C-16, which received royal assent in June 2017. It amended the Canadian Human Rights Act to add two prohibited grounds of discrimination: gender identity and gender expression. It also amended the Criminal Code by adding gender identity or expression to the list of identifiable groups that are protected from hate propaganda. Finally, it made clear that hatred on the basis of gender identity or expression should be considered an aggravating factor in sentencing for a criminal offence.

We are also very proud of Bill C-78, which is currently before the other place. The legislation seeks to modernize federal family law and put the needs of the child first.

The last time our family laws have undergone significant amendments was 20 years ago. They fail to address a number of difficult issues, including relocation and family violence. I hope the reform will pass quickly.

Completing this legislation is our expansion of unified family courts. In budget 2018, our government funded the creation of 39 new judicial positions beginning April 1, 2019. Twelve of these new appointments were recently made to Ontario's Unified Family Court.

We are also maintaining and strengthening access to justice in both official languages.

Budget 2019 would give the Department of Justice $21.6 million over five years, starting in 2020-21, to support the legislative changes in Bill C-78 that seek to increase access to family justice in either official language.

This funding builds on our efforts in budget 2018, which provided an additional $10 million over five years and $2 million per year ongoing for Justice Canada's access to justice in both official languages support fund.

Another top priority for our government is ensuring that victims receive the support they need.

In 2019-20, the victims fund at the Department of Justice will provide $28.72 million in grants and contributions to support research and innovative pilot projects, as well as front-line services for victims and survivors of crime across Canada.

The Department of Justice is also committed to helping immigrants and refugees. Budget 2017 included funding for immigration and refugee legal aid on an ongoing basis: $62.9 million was identified over a five-year period, with an additional $11.5 million per year thereafter. This funding helps prevent delays in immigration and refugee processes and, most importantly, helps ensure access to justice for economically disadvantaged immigrants and refugees.

Budget 2019 builds on previous investments and commits an additional $52 million over three years, primarily for immigration and refugee legal aid, but also to support the delivery of legal services.

I want to thank the committee for giving me an opportunity to speak to them today. The work of the Department of Justice is complex, and my brief comments offer merely a glimpse of the excellent work done by department employees.

Bill C-84—Time Allocation MotionCriminal CodeGovernment Orders

May 8th, 2019 / 4:30 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I am glad the hon. member has brought up Bill C-75. We feel it is an outstanding piece of legislation that goes a long way toward improving the efficiency, fairness and speed, frankly, of our criminal justice system.

The unifying theme of Bill C-75 is, in fact, to make the criminal justice system more fair, more efficient and better working, particularly in light of rulings by the Supreme Court of Canada, such as Jordan, which force us to take those matters seriously.

The elements brought up in Bill C-84 do not have that same goal in mind, if I may, and therefore it is appropriate that Bill C-84 be part of a separate piece of legislation. It just did not fit in Bill C-75.

Bill C-84—Time Allocation MotionCriminal CodeGovernment Orders

May 8th, 2019 / 4:30 p.m.


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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, part of the minister's argument today has been that we need to get this legislation to the Senate to speed things up. I can understand that. We only have so much time.

That being said, by the same token, Bill C-75 has gone to the other place and it is a much larger bill. Would the member not agree that this particular bill, Bill C-84, should have been wrapped up in Bill C-75, gone to the justice committee and had full exposure to all of the different parts in that omnibus piece of legislation, so it could have maybe left a stand-alone bill for us to have a full discussion on the deferred prosecution agreements, an issue which was in Bill C-74, division 20?

That piece of legislation did not get a full hearing at finance committee. Only one witness from the justice department came to speak to it. I still get calls on a regular basis from people in both the academic and the legal communities who feel that the Liberal government's approach to that piece of omnibus legislation maligned Parliament and denied the proper hearing of major changes to the Criminal Code.

Would the member not agree that this place must be respected? Would he agree that that kind of sleight of hand by the government needs to change?

Bill C-84—Time Allocation MotionCriminal CodeGovernment Orders

May 8th, 2019 / 4:25 p.m.


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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I share the substantive concern that the hon. leader of the Green Party is raising. I can speak to the bills that I am, as minister, shepherding through the House. Certainly, on Bill C-84, the process has worked in the sense that a number of very good amendments were made at committee stage and there was robust debate.

Both Bill C-75 and Bill C-78 have had a number of interesting discussions in the House. They have gone to the other place. We are thinking about amendments on them based on our work in this House and on what the Senate is doing.

The process is working. I think we are approaching it in good faith. The fact of the matter is that sometimes we run out of time, and we feel we have done that in this particular case.

Bill C-84—Time Allocation MotionCriminal CodeGovernment Orders

May 8th, 2019 / 4:10 p.m.


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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, I certainly appreciate that the Minister of Justice has not been the Minister of Justice throughout this Parliament, so he is taking on some legislation he had no role in crafting. However, he is the representative of the government today, and he needs to stand and answer and be accountable to the people and their representatives.

Why such a different approach? On this piece of legislation, we have a stand-alone piece of legislation that has gone through committee process and whatnot, and through debate, yet shamefully, in Bill C-74, an omnibus piece of legislation, the Liberals pushed through a provision for deferred prosecution agreements. They did not have a single witness from the academic community or bar association come for a thorough discussion about that particular regime, which is unlike any that has been used in the Criminal Code before. Why did they do that while giving a stand-alone bill to this, when they could easily have taken that DPA section from division 20 of Bill C-74 and put it in Bill C-75, another piece of omnibus legislation? Why is there such a mismatch in how they present to this place and with where their priorities are?

Criminal CodePrivate Members' Business

April 12th, 2019 / 1:50 p.m.


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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Mr. Speaker, I am pleased to join the debate on Bill C-417 and also to state that I am in full support of the bill.

As we know, the Standing Committee on Justice and Human Rights has studied this proposed legislation and has reported it back with three amendments. In my view, the amendments to Bill C-417 that were made by the justice committee have improved the drafting of this legislation and will ensure that it will better achieve its stated objective. I encourage all hon. members to support these amendments as soon as possible so that it can go to the other place and be tabled in second reading.

Along with other members of this House, I applaud the small but important change proposed in Bill C-417, which would facilitate better access to mental health support for jurors. As a person who has dealt with mental health issues, I totally understand the need for jurors to be able to have access to professional services so that they can share their story and gain the support that they need.

It became clear through the justice committee's study on counselling and other mental health supports for jurors, which culminated in its May 22, 2018, report, called “Improving Support for Jurors in Canada”, that section 649 of the Criminal Code has been an impediment to jurors seeking support following their service. I appreciate that this bill addresses the serious issue of mental health as it relates to individuals who participate in the criminal justice system.

Our consideration of this bill has been informed by the justice committee's report, which documents the evidence and perspectives of witnesses regarding the impact of the criminal justice system on jurors. As my colleague across the aisle mentioned, a number of former jurors who served on difficult and disturbing criminal jury trials provided testimony before the committee that has highlighted the importance of ensuring that jurors are not left without any means to address the stresses and trauma they may experience as a result of their important civic duty.

In addition, the justice committee heard from a variety of experts, including criminal justice professionals, academics, government representatives of juror support programs, and mental health and lawyers' associations. These experts expressed a common view that the stresses associated with jury service can be prevented or reduced by better preparing jurors, improving the conditions under which they carry out their duty and offering psychological support.

The 11 recommendations made in the report touch upon these issues, including recommendation 4, which calls for an amendment to section 649 of the Criminal Code. Bill C-417 addresses this recommendation, which if implemented will contribute to better psychological support for jurors.

I believe that jurors would continue to feel confident that discussions taking place among them and in the jury room would continue to remain private so that they would be able to continue to engage in full and frank discussions despite the change in the law, yet be able to receive the services they needed once they felt those services were necessary.

As said, we in the government support the objectives of the bill, and that is why our government seeks certain targeted amendments. Those amendments have been identified.

There are three specific amendments. The first one specifically deals with ensuring the health care professional is licensed, as my colleague across the aisle mentioned. The second amendment is a minor amendment making sure that the English and French versions are in sync. The third amendment is basically looking for 90 days after the bill receives royal assent to ensure that all the necessary preparation is carried out for its effective implementation.

I believe that this bill, with the amendments adopted at the committee, strikes the appropriate balance between protecting the privacy interests of jurors and ensuring that jurors can access effective mental health treatment following their service, should they need it.

As I said at the outset, I support Bill C-417 and the amendments adopted by the justice committee, which will ensure it better achieves its objectives. I also believe that this bill aligns with other government initiatives, such as Bill C-75, to improve the juror regime in Canada. I will be voting in favour of this bill.

I thank my colleague for his advocacy for mental health and the great work he is doing. As I have said, I will be voting in favour at third reading of this bill.

As I am the last speaker from this side before the House rises for the next two weeks, I would like to wish all my colleagues and all Canadians a happy Easter.

Criminal Records ActGovernment Orders

April 8th, 2019 / 1:40 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Thank you, Mr. Speaker, and yes, I would ask my hon. colleague to be patient. I will get to my point forthwith.

The priorities of Canadians are not the priorities of this Liberal Prime Minister and his government, and this could not be more clear than when two former cabinet ministers were removed from their party. They were banished last week, and there was a breakdown in trust. Sadly, the fault lies clearly with the Prime Minister and his cronies, while the penalties continue to be placed on the members who were removed.

The Prime Minister has offered one falsehood after another trying to it explain away. Quite bluntly, it has been painfully obvious to the rest of the country that he put politics ahead of the best interests of Canadians.

The Liberals have tabled their bill for taxpayer-funded records suspensions. There it is; I am back on the issue. How does this align with the needs of Canadians? In general, how does it fit with public safety? The many issues facing our country in protecting our communities and ensuring a strong, fair justice system go well beyond the Prime Minister trying to interfere with the independence of the former attorney general or the director of public prosecutions.

We know where Canada is struggling with public safety. According to Statistics Canada information, Canada has a gang problem in our cities. We have a justice problem, with backlogged courts and court appointments for judges. We have a rural crime problem. We have a sentencing and recidivism problem, with revolving doors in the justice and jail system. We have evidence-lab challenges and RCMP police-resourcing challenges. Stats Canada has shown that gang-related shootings are primarily responsible for recent increases in violent crime in this country, and to date, the only Liberal response has been unfulfilled promises.

Instead of action, the Liberals' legislative changes, like Bill C-71, for example, went after licensed firearms owners instead of criminals. As the Department of Public Safety noted in its own consultation document, the vast majority of licensed firearms owners are not involved in crime. In fact, statistics provided to the public safety committee suggest that it is under 1%. The Liberals' legislative response to gang violence and illegal weapons has been to crack down on less than 1% of the problem and to ignore the 99%.

What would help? I know a number of items that could help improve public safety and reduce violent crime. First is spending the money the government promised for policing and to go after organized crime. Second is to put more resources into public prosecutions, courts and evidence labs. These have all been shown to be under-resourced, especially with the recent court decision to limit trial length. Third is to stop softening sentences for violent criminals, as proposed in Bill C-75. Serious crime needs serious punishment for reform to work, and all these ideas have evidence to show that they are needed and would have an impact.

What will not have an impact is a taxpayer-funded pot pardon. No one would be safer because of this policy. A very small number of Canadians would benefit from it. The truth, from my experience, is that most individuals likely to seek record suspensions may have a number of other convictions as well. While they may receive a single free record suspension, their other charges may not be so free. Possession might be only one of the many charges on a person's record.

Where would Bill C-93 leave this House and Canada on the constant effort to combat crime in an ever-changing and evolving world? After three and a half years of Liberal mismanagement, we have a strained legal system that sees more and more criminals going free, rather than facing charges, or pleading to significantly less-serious charges.

Prisoners will now have access to needles whenever and wherever they want in prisons. As our correctional officers have told us and have pointed out more than once, even in Europe, which the Liberals claim to be copying, the needles are never in the general population; they are in the hands of medical staff. Rather than dealing with the cause of crime, most often addiction, the Liberal plan is to continue the addiction.

Under the current Liberal government, we have seen a horrific record of protecting communities from returning ISIS fighters. When we asked the committee how many outstanding monitoring warrants were placed on the 60 ISIS terrorists who have returned, the number was zero.

While I have no doubt that teams at CSIS and the RCMP are working to keep tabs on these individuals, and are doing a great job, limited by the legislation from the government, the red tape and oversight rules proposed under Bill C-59 would no doubt make it harder to watch known radical extremists who have participated in horrific, hate-based crimes. To me and many Canadians, a desire to join ISIS is itself an admission that someone supports violence.

The Prime Minister is happy to talk about being opposed to radicals and extremists, but none of his actions suggest that he is serious about combatting the sources of radicalization or the threat of domestic terrorism. Words matter, but actions have impacts.

We have seen a radical and damaging string of policies that have increased drugs in our communities and have not helped make anyone safer. Whether it was the poorly thought-out and rushed legislation on marijuana, which ignored reasonable requests from police and medical professionals, or the unnecessary risk of drug-impaired driving, to my knowledge, we still do not have a reliable roadside mechanism to test for drug impairment or to increase supervised injection sites.

Nothing so explains the potential harm of the Liberal approach to crime as the issue of rural crime, which we are dealing with in rural Canada. My riding has a small city and an expansive rural region. Across Alberta, Saskatchewan and other parts of our country, we have heard from Canadians about the rampant, escalating crime in rural communities committed, for the most part, by urban criminals victimizing rural Canadians where police response is minimal, delayed, or in some cases, nonexistent.

Canadians have told us heartbreaking stories of violent encounters, financial hardship and trauma from repeated thefts and victimization. Canadians have spoken of fear, alienation and abandonment. That is not Canada. That is not my Canada, but it has become an unfortunate reality in the Prime Minister's Canada.

With Bill C-93, the government is proposing a no-fee, no-waiting-period record suspension without any enquiries or reviews of personal history or conduct. The reason we have a Parole Board, both the administration and the regional organization, appointed to conduct hearings is to exercise discretion in the review of individual cases. Parole hearings can uncover vital information about convictions, such as a plea deal with lesser charges despite the person having been involved in serious and violent crimes.

While there are likely to be a very limited number of cases like this, such cases may be separated from simple possession issues. Moreover, some plea deals may have been arranged with lesser charges but with specific instructions, such as an agreement to have no record suspension, as appropriate to the person's personal history.

This means that these pardons would be granted as a matter of process, and the board would take up no inquiry of the person and would have little or no opportunity to exercise discretion. This means that even in cases where it was patently obvious that the person continued a criminal lifestyle but did not have a conviction entered against him or her, a pardon would be granted.

The police in this country have raised some concerns about Bill C-93. They suggest that our officers need to feel confident that individuals who are a threat to public safety and the public order are going to be popping up on CPIC, even if they have been convicted of simple possession.

Here is a scenario as an example. There are many individuals who have been charged with more than one serious criminal drug offence, but once they have gone to court and worked out a plea deal for simple possession for a multitude of possession charges, these charges are then reduced for multiple reasons, such as to ease a court backlog, to save witnesses from testifying or to secure testimony for the conviction of a bigger criminal player, etc. The plea to a simple possession charge would be used by the Crown with the understanding, as I said previously, that the conviction would still be a permanent part of that individual's record, ensuring that any future investigation of a similar nature could be appropriately linked and applied to that person's own personal history.

This does not serve the best interests of officer safety or community safety. It does not promote the rehabilitation of those entrenched in the criminal element, the ones who threaten to be repeat offenders.

I appreciate the fact that we cannot hold unproven facts against individuals. That would be unfair. However, we cannot ignore the circumstances that would lead to the arrest, charging and conviction of individuals using the available laws and the discretion of the day, which is key. The Crown and the courts would not have accepted the lesser pleas knowing the proposal today. This itself would affect the administration of justice.

There are two very different scenarios at play here: one person who is stopped and charged for carrying a dime bag of marijuana versus a person who is caught up in a drug ring and pleads to a simple possession charge. They are two very different people, but the proposed changes would treat them the same way. One is not a danger to police or the community, and the other continues to pose a risk. That is what should be screened. There should not just be blanket pardons.

While the Liberals are happy to talk about there being discretion in our justice system, they have removed the discretion of the public service at the Parole Board as well as the discretion of the Parole Board itself. It is important to keep in context the arrest charges and plea deals, especially since many plea deals would never have considered the possibility of a future government legalizing drugs and imposing record suspensions without any review or context.

The House should consider that no individuals would benefit from this act who would be excluded otherwise, and I can see no way to make that happen without an appropriate review.

I hope that members of the committee are not prevented from making minor and common-sense amendments to the legislation that would ensure public safety. Already we have seen too many pieces of legislation from the Liberals that ignore common sense and public safety in favour of policy and division.

To be clear, I know, and I believe members know, that these are not the public safety priorities of Canadians. This bill would not help victims recover from the trauma of violent crime. It would not prevent criminals from victimizing rural Canadians. It would not stop gang violence or deter youth from joining gangs. It would not address illegal firearms in our country. It would not address the many concerns and challenges faced by prosecutors and police across the country.

I see Bill C-93 as a continuation of the Liberals' plan: more minor gestures without the requisite actions to combat addiction, crime and poverty to improve public safety. It is a plan that would provide a benefit to a select and small group of Canadians at taxpayers' expense, a plan that would double down on legalizing marijuana while ignoring real, serious and important threats to Canada's public safety. These are not the priorities of Canadians. This bill does not address the issues, and from what I have heard from police and prosecutors across the country, it does not address their concerns.

I can only assume that Liberal MPs will once again be called on to vote in blind faith with the Prime Minister and the Minister of Public Safety, because today more and more Canadians are seeing clearly that the priorities of the Liberals are not the priorities of Canadians.

Criminal Records ActGovernment Orders

April 8th, 2019 / 1:05 p.m.


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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I would like to explain at the outset that the NDP will oppose this legislation. Over the next 20 minutes that I have available, I hope to explain why record suspension is not the way to go, and record expungement, which I will describe, is the way to go. Record expungement for simple possession is the basis of my private member's bill, Bill C-415, which will be up for second reading debate in the chamber on Thursday.

I have risen on previous occasions in this place to call Bill C-93 a half-baked measure, and I am still of that opinion. Let me explain: It is too little and it is too late.

It is too little, because record suspension is just that, putting a criminal record aside where it could potentially be used again against the individual. It ignores the historical injustice, the disproportionate impact of cannabis possession offences on marginalized Canadians, on blacks and particularly on indigenous people.

It is too late, because it is almost six months since October when we had the historic legalization of possession of cannabis. Here we are, almost at the end of this parliamentary session, starting second reading debate on the bill. It has to go before committee. It has to go to the Senate. It has to go before Senate committees. I am anxious that this will not be law in Canada, as it will die on the Order Paper until the next Parliament addresses that.

It is especially disappointing because the Liberals have had years to do this. Their excuse was to wait until possession was legal on October 17, 2018. Now we are almost six months later, in the dying days of this Parliament, and suddenly talking about it.

I hope that cynicism is not warranted. I hope there is goodwill on the part of the government to fix the bill and move it forward expeditiously. However, I have my doubts.

My private member's bill, which is the counter to this piece of legislation, would require an application process for expungement. In an ideal world, my bill would have had automatic expungement, which is the case in Delaware and California, where officials sweep the records, find out whether a person has a record, for simple possession in effect, and if so, the record is deemed never to have existed. It is gone. It is zapped from the system.

This legislation would require an application. My bill does too, but that is because, as the House well knows, it is a private member's bill, and due to a technicality called the royal recommendation, I could not ask the government to expend money. I was not able to do what has been done south of the border with automatic expungement. That would apply universally and automatically and benefit, disproportionately, indigenous and racialized Canadians.

Let us just stand back from this. We have an activity which is perfectly legal now, but for which hundreds of thousands of people, perhaps that high, have a record for past consumption of cannabis, possession of cannabis, when it was illegal, and now they cannot get on with their lives.

Why does that matter? It matters because blacks cannot rent apartments because they have a criminal record and are on the bottom of the list in a tight housing market. As I will explain later, there are way more people in Halifax who were charged with a cannabis offence and have a record for cannabis than the non-black population.

Believe it or not, it is most glaring in Regina, Saskatchewan. This is government data; this is not me. This is from records disclosed under access to information. An indigenous person in Regina is nine times more likely to have a record for cannabis possession than a non-indigenous person. A black individual is five times more likely in Halifax and three times more likely in Toronto to have the same. An indigenous person in Vancouver is seven times more likely to have a cannabis record. This matters. We would call this law, adverse effects discrimination. We would call this constructive discrimination.

That is why it is so galling that the government wants to bring in a half-baked measure in Bill C-93, rather than doing what is done in California. In San Francisco, there is an automatic intelligence system that simply sweeps the records to make them disappear for those who have a possession of cannabis offence on their record.

Let us contrast this with what the government wants to do today. To its credit, it wants to bring in a bill that says people no longer have to pay $631 for having a criminal record suspended, which is what Mr. Harper introduced, and they no longer have to wait for five years. I congratulate the government for that minor step in the right direction.

In the U.S., a person's record is automatically expunged in the states I have mentioned. These records are deemed not to exist. This matters because it allows people who are asked by a landlord whether they have a criminal record for anything to tell that landlord they do not. When asked by an employer if they have a criminal record, people who have only a cannabis possession charge from several years ago in their background can say they do not, because under expungement, it is deemed not to exist.

The government tells us not to worry and that we do not understand, because there is a human rights statute federally and in all the provinces that says people cannot face discrimination on the grounds that they have a criminal record for which a pardon has been granted. Tell that to an inner city landlord in downtown Halifax or to an inner city employer or small business operator in downtown Vancouver.

It is ludicrous. Why would the government not do the right thing, getting this all done at the same time and done properly, rather than bringing in this half-baked measure? It is too little, too late, which I am sad to say is my theme.

I am not the only one with this opinion. I am pleased to say that the Liberal member of Parliament for Beaches—East York acknowledges the limitations of the bill. He said:

Only full amnesty recognizes the disproportionate impact of cannabis prohibition on people of colour and the fact that cannabis should never have been criminalized in the first place.

Our government’s solution is better than nothing, but it’s not enough to be better than nothing when we have an opportunity to make historic injustices right.

I am quoting a Liberal member, not someone who has an axe to grind, if you will, on this issue. This is a Liberal who realizes we can do so much better.

One of the arguments the Liberals have used to explain why we cannot have expungement is that many people would be affected and it would cost so much money and take so much time. However, that is not true anymore, because we have new data suggesting that only some 10,000 people would be positively affected by the bill. That is not a very large number. Why can we not expunge their records rather than simply giving them this record suspension, after which records move from one filing cabinet to another and can come back and bite people later in a subsequent event if the state deems that they have committed another crime?

What about crimes such as failure to appear? These are called administration of justice offences. They are not like the actual offence of cannabis possession. They occur when people do not pay a fine or do not show up in court. In these situations the criminal justice system is continually on a person's back, even though the root of it all was a cannabis possession charge.

I have been advised that indigenous women are sometimes affected down the road in this way when they have custody issues with their children. This occurs not because of the cannabis offence but because of the other matters on their record that have resulted from that. It is ludicrous.

The government says our most important relationship is with indigenous people. Here it could make a tiny but critically important change in the lives of so many. Why would it let this opportunity pass to expunge the records of people so they could say they have no criminal record, allowing them to get their foot on the social ladder in order to get employment, housing and the like? I do not understand the government's reluctance in this context.

Professor Kent Roach is one of Canada's leading criminal law specialists. Recently, in the Criminal Law Quarterly, he wrote, “The government's approach to cannabis convictions in the wake of legalization is even more problematic than the expungement act,” which is another bill I will come to.

He continued, “It has announced plans to allow the National Parole Board to grant pardons under the Criminal Records Act. This again requires case-by-case applications. This places challenges on the most disadvantaged people who have been convicted of cannabis possession.”

He goes on, “By not relying on expungement, the government's approach leaves applicants vulnerable to records of convictions and arrest being retained by the RCMP and other federal departments and to questions from prospective employers and landlords about whether they ever had a criminal conviction. It falls behind states such as California and Delaware in terms of reform.”

He then goes on and says about my bill that it “...takes a better approach by proposing to expunge cannabis convictions including the destruction of records of convictions.”

I am not here to score political points. I am not even running again in the next election. I am fully convinced that automatic expungement is the way to go. It is what people deserve. I implore the government to amend this bill and do the right thing by so many people who are affected, whose lives are on hold until we get this right.

Record suspension simply removes criminal records from the main database, CPIC, the Canadian Police Information Centre, and puts the data somewhere else, where it can be used prejudicially later and potentially shared with other departments, thereby having a negative effect.

Expungement means those records disappear for all purposes and for all time. A record suspension or pardon indicates the government is forgiving or excusing individuals for criminal behaviour, and that is all; expungement acknowledges it was wrong to criminalize it in the first place.

At this time, let me give the House the other government excuse for not doing the right thing.

It brought in, to its credit, Bill C-66, which was called the Expungement of Historically Unjust Convictions Act. That bill dealt with same-sex sexual activity, which is no longer criminalized but was in the past. The government said it was going to deem those offences to no longer be on a person's record—gone.

I have two things to say about that.

Number one is that since October, from the last statistics, do members know how many people have even bothered to apply, of the 9,000 eligible? It was seven. That hardly gives confidence that this application process is going to make a difference.

Number two is that the government says, “Oh, member for Victoria, do you know what we will do? We will say that this is to be reserved for things that are constitutionally over the line, such as same-sex sexual activity.”

There is no principled reason for that smokescreen. I have talked to criminal law specialists and constitutional specialists across the country who say that this argument is not valid. Second, even if it were valid, which it is not, what about the constructive discrimination I just talked about, the adverse effects discrimination, whereby the policy and application affect blacks and indigenous people dramatically more than others? What about that?

Not doing the right thing for cannabis expungement as for same-sex sexual activity, which the government is prepared to expunge, makes no sense at all. It is another Liberal smokescreen.

I am not here to score political points; I am just trying to persuade the Liberals to do the right thing. Why would they not do it? That is what is so complicated for me to understand.

The NDP has been calling for this measure for years. I will not go through the whole background of it, but there are deficiencies in addition in the bill that is before us today. The Parole Board does not have the resources to do the job, so there are going to be even further backlogs for other applications from people seeking pardons. There is a whole industry, sadly, out there to help people get rid of their criminal records. If members go on the Internet, they will see everybody who wants to help if they give them a few hundred bucks.

The forms are complicated. Members might not think they are, but for a poor person with little education who is living in the inner city, this measure would impose another burden, and I do not understand why, when our friends south of the border figured it out much more readily.

There are also eligibility gaps in Bill C-93. Only those people convicted of simple possession are eligible, meaning anyone with prior record suspensions of crimes related to the simple possession charges will not be able to use this process. I gave the example of failure to appear or not paying the fine or the like. If there is another offence on the record, then they are facing an inability to apply.

Someone pointed out that if a person has a summary conviction offence and then four years down has another cannabis offence, there may be a total wait of nine years to apply under this bill. I do not believe that was intended, but it is a function of the drafting of the bill, according to experts I have consulted. That is problematic.

The Liberals have had six months since they brought in legalization to do this. This bill is maybe four and a half or five pages in English, so how on earth did it take that long? The elephant laboured and brought forth a mouse.

Bill C-75, which was 302 pages, was before the justice committee, and it rammed that one through. This bill is five pages in English and maybe nine pages in total with English and French. It took the Liberals that long to produce this tiny bill, this weak bill. Presumably they can just check it off on the list that another promise was kept, except if the bill dies on the Order Paper, as most people are anticipating.

This is a real problem. This is an opportunity for the government. My hope is that if the private member's bill that I have before Parliament for debate on Thursday goes to the public safety committee at the same time as this bill, perhaps there will be a way in which some of the provisions that I have suggested for expungement could be brought into the bill that is before us and we could get it right for the victims as they are.

It is not just me saying this. The Prime Minister has been quoted as follows: “...there is a disproportionate representation of young people, from minorities and racialized communities, who are saddled with criminal convictions for simple possession as a significant further challenge to success in the job market....” He seems to get it.

The statistics that the government has produced under access to information confirm what I am saying. I am not making up those shocking statistics about overrepresentation of blacks and, particularly, indigenous people. The Prime Minister gets the consequences, so why would the Liberals not do it right? I do not understand.

Professor Doob, the famous criminology professor at the University of Toronto, stated:

There is no justification for forcing those who were convicted to live with a criminal record for behaviour that will soon not be criminal. A procedure for dealing with the problem has been devised by the current government. They should ensure that relevant drug records are expunged for the thousands of Canadians who have them.

Senator Pate, who has been very powerful on this issue in the other place, has made similar arguments, and I hope that those points are taken into account by the Liberals opposite.

I have been working with a very talented lawyer in Toronto, Annamaria Enenajor, who is the director of Campaign for Cannabis Amnesty. She is a prominent lawyer in Toronto and clerked for the Chief Justice of the Supreme Court of Canada. She is volunteering for this important cause and she states:

...the government...leaves the impression that restrictions exist on the government's ability to issue expungements for the offense of simple cannabis possession that are beyond its control. This is false. There is nothing in Canadian law that prohibits our government from issuing expungements for offenses that, in their application, unjustly targeted racialized and indigenous communities. It simply chooses not to. This is a policy decision.

That is the nub of the argument. Let us do it right.

There may be some good arguments in theory. I talked about the theoretical ability to apply the human rights legislation when people have been given pardons and so on, but it does not work in the real world. We have an absolute dearth of money for legal aid, and legal aid rarely covers human rights complaints if one has been discriminated against because of one's record. Theoretically, I guess, the Liberals could hang their hat on that, but they sure have not visited many inner cities if they think that is a viable argument in practice. Many small businesses and landlords draft their own applications and may not be aware of human rights legislation.

We have a historic opportunity in the dying days of this Parliament to do it right. Let us expunge criminal records for small quantity cannabis possession and help those thousands of Canadians who need a head start and a chance to get their foot on the rung in the social ladder. Let us do the right thing for those people as soon as we can.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

March 18th, 2019 / 4:35 p.m.


See context

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I am painfully aware of the fact that we are debating a subamendment, but I thank the member for Wellington—Halton Hills for his desire to clarify the record. If he needs to rise on another point of order, I am sure he will feel free to do so.

The point is that the member for Timmins—James Bay stood in the House just moments ago and asked a question of the member who just rose. That question was whether what he sought to do would jeopardize the independence of the director of public prosecutions. Therefore, let us unpack that.

The notion of the director of public prosecutions, if memory serves, was created around 2004 or 2006 specifically to address the need to ensure there was a depoliticization and an arm's-length nature of important matters and decisions that were taken with respect to prosecutions in the country. That is an important feature. It is hallmarked in the rule of law and the constitutional precepts that the member opposite has raised on numerous occasions in this very House.

By bringing that individual before the committee, the member for Timmins—James Bay raises an important point of whether that might be, unwittingly or de facto, politicizing the very exercise and decision-making power of that very individual. I put that to the House for the purposes of returning to this debate.

What is important to outline is that when we talk about the independence of the director of public prosecutions, a critically important role, it is a role that has been created for many reasons and a role that we need to jealously protect and safeguard.

I find it a bit ironic as well, as a prefatory comment to the comments I will be making, that the official opposition is seeking to direct the committees with respect to their work. We know from the record that when the official opposition was in power, which has been alluded to on numerous occasions by the government House leader, it reduced the resources provided to committees and took parliamentary secretaries like myself and inserted them completely within the committee structure and in so doing, ensured they served almost as de facto whips on committees.

What we did, conversely, was campaign on a different role for parliamentary secretaries and a different role for committees. We fulfilled that campaign commitment by providing better resources to committees and by ensuring that parliamentary secretaries like myself and 34 of my colleagues would not have a vote, for example, at committee. Those are important features that enhance the very committee process that the members opposite say we are somehow impugning.

Perhaps most egregious, and Canadians need to be reminded of this, is that on a day when the official opposition seeks to somehow take the side of the committee process, that is the same party that, when in power, circulated a memo to all committee chairs about how to deliberately obstruct committee processes to better manage the committees to do the Conservative Party's bidding. Those are facts and those facts are important so people understand how perhaps ironic and incredulous I find the position currently being taken by the members opposite.

Let us now look at the work the committees have been doing thus far. Official opposition members who sit on the justice committee, on pretty much every occasion I have seen when a justice bill is being debated in the House, have said it has worked in an amazingly harmonious and consensual manner. They have gone to great lengths to point out on many occasions the work of the member for Mount Royal, as chair, who has always sought to produce consensus-based, multi-party reports and have a consensus-based model and approach toward the committee deliberations, which is very important to note. It happened again earlier today, for Canadians watching or consulting Hansard.

Earlier today, we were debating Bill C-84 and the member for St. Albert—Edmonton talked about the member for Mount Royal, his studious chairmanship of that committee and his efforts to build consensus on numerous occasions. At the same time, the member for St. Albert—Edmonton reflected on the fact that he proposed an amendment to Bill C-84. What we did, like any logical government that is taking a non-partisan approach to committees should do and one that is empowering committees to do their work should do, we accepted that amendment, as we have done on other occasions on other bills, such as Bill C-75, the Criminal Code review amendment.

Again, those are prefatory comments about how committee structures operate and committees work. It is very important for people to understand that the justice committee stands out as an example of the great work committees can do on a multi-party basis. It stands out as an example where committees are fulfilling that kind of role.

In this context, what have we heard from the justice committee? We had people questioning their desire to engage in a discussion about the issues. We had people perhaps being surprised that the justice committee was very willing to hear from people.

The justice committee heard from the former attorney general, the current Attorney General of Canada and the deputy attorney general. It heard from the former principal secretary to the Prime Minister and the Clerk of the Privy Council. I will pause there to particularly acknowledge his 37 or 38 years of non-partisan service to the people of Canada and the Government of Canada and recognize that body of work.

It also heard from important experts and legal academics. That is something that I will confess tickles my fancy, as a lawyer who came here after 15 years of practice in human rights and constitutional law. It heard from people talking about the constitutional precepts that the member for Wellington—Halton Hills is regularly invoking here. The member for, I believe Victoria, from the New Democratic Party, who is the vice-chair of the justice committee, has also referred to it on numerous occasions. They have invoked concepts about what we call the Shawcross doctrine, which has been invoked so many times that people are starting to develop a familiarity about it. They have been talking about the importance of the role of the Attorney General and Minister of Justice, and the fused notion that we have here in Canada, both federally and at every provincial level.

They have also talked, by comparison, about how things operate in Britain. For example, in Britain, there is a divorced role. Each entity is fulfilled by different individuals, which helps to address or alleviate some of the concerns that have been expressed here. That is an important issue. It came up today once again in question period.

These issues are being discussed and entered into the public debate, which is a very good thing. It is a hallmark of the committees and Parliament doing their work, which is an important precept. The Canadians who are watching right now should understand that these issues have all been advanced because the committee has been allowed to do its work.

What has the committee learned or what has come out of the committee process? Let us go there for a moment.

A motion was raised today by the member opposite, when we were meant to be debating Bill C-92, child welfare legislation, which would take indigenous kids out of the child welfare system and keep them in and among indigenous families and communities. Instead, they wanted to raise the issue of committee structure and to compel the reappearance of Ms. Roussel at the committee. However, in understanding our position on that, the members opposite need to understand what has already been heard at committee. What I am hearing and learning from reviewing the materials and watching the proceedings is this.

We heard testimony that the former attorney general stated that the Prime Minister told her this was her decision to take. We heard her state on the record that it is appropriate to discuss job impacts. We heard her say that nothing occurred that was unlawful. In response to a question by the leader of the Green Party, she said that nothing that occurred was criminal. We heard her say that she was never directed. We heard her state that the state of our institutions, the rule of law and the independence of the legal process, are intact.

I want to go to a couple of quotes that arose during the context of the proceedings to illustrate this point. The former attorney general herself stated this at the very committee that the members opposite are impugning. She said, “I do not want members of this committee or Canadians to think that the integrity of our institutions has somehow evaporated. The integrity of our justice system, the integrity of the director of public prosecutions and prosecutors, is intact.”

This position on this issue of the rule of law, which is an important point, has been raised by the member for Wellington—Halton Hills on numerous occasions in the context of this debate. It was also raised in the context of Mr. Wernick's testimony, when he said, “I think Canadians should feel assured that they work in a democracy under the rule of law.”

In the same exchange with the member for Willowdale, Mr. Wernick went on to state, “I think Canadians need to be assured that their police and investigators, with the powers of the state, operate independently, and that the prosecution service, the state charging people with offences, is completely independent. There is a legislative and statutory shield around that, which demonstrably is working...”

That echoes exactly what we heard from the member for Timmins—James Bay. It also echoes what we heard from communications that have been put out by the director of public prosecutions. That office has gone to pains and at length to reassure Canadians that it has not been influenced in this case, nor has it been influenced in any other case with respect to how it conducts prosecutions. That is a critically important point to raise in the context of contemplations by the members opposite about recalling Madame Roussel before the committee.

In the end, what we heard at that committee was that the former attorney general made the decision not to proceed. The law was followed every step of the way. What we have also heard, and what we know, is that the rule of law has remained intact. Those are critical points to be underscored at this juncture.

I want to return to what was raised by the member for St. Albert—Edmonton this afternoon when he first raised the motion about the issue of appropriate versus inappropriate discussion points with respect to the remediation agreement regime. I want to read this into the record so that it is crystal clear for Canadians. The remediation agreement regime exists in the Criminal Code. It is entrenched in the Criminal Code of Canada, based on amendments that were made last year.

The remediation agreement regime was studied at length in Canada-wide consultations. Following that study, it was proposed in legislation. That legislation was then studied by the finance committee and the justice committee of the House of Commons as well as a Senate committee. That remediation regime was then enacted into law and fully gazetted in an open and transparent manner to the public.

As has been stated on different occasions in the context of debates that we have been having over the past five or six weeks, the remediation agreement regime exists in five member countries of the G7. Those include the United States, Britain, France, Japan and now Canada. What we are doing by invoking a remediation agreement regime is harmonizing Canadian law with the laws of many other western democratic nations, particularly many other western democratic nations with whom we have trading relationships, which is an important point.

What is misunderstood here is this notion of what the remediation agreement concept invokes, or more specifically what it involves. There have been active discussions about whether the Prime Minister invoking the necessity and propriety of discussing jobs and job impacts was in fact appropriate. The position of Her Majesty's official opposition, articulated even earlier this afternoon, is that somehow that was inappropriate.

I want to read this into the record so that is absolutely crystal clear. This is how one would conduct this matter if we were debating it in a much more rigorous way in a court of law. One would look to the statute for guidance.

Section 715.31 of the Criminal Code of Canada says:

The purpose of this Part is to establish a remediation agreement regime that is applicable to organizations alleged to have committed an offence and that has the following objectives:

It then lists six objectives:

(a) to denounce an organization’s wrongdoing and the harm that the wrongdoing has caused to victims or to the community;

(b) to hold the organization accountable for its wrongdoing through effective, proportionate and dissuasive penalties;

That is an important point, because much has been made by members opposite about there being no accountability if a remediation agreement even enters the discussion points.

Paragraph 715.31(c) of the Criminal Code states:

to contribute to respect for the law by imposing an obligation on the organization to put in place corrective measures and promote a compliance culture;

That objective is clearly redressing the circumstances or the harm or the organizational capacity that allowed such a problem to occur. The fourth objective is as follows:

(d) to encourage voluntary disclosure of the wrongdoing;

That is to ensure that corporate actors or other actors come forward on a voluntary basis. The fifth point for the remediation agreement regime is this:

(e) to provide reparations for harm done to victims or to the community;

Again, that is addressing the victims. We have repeatedly heard invocations about the harms that has occurred in the context of SNC-Lavalin or other corporate actors in the context of remediation agreement regimes. What the statute itself talks about is ensuring that there are reparations for harm done to victims. That is important.

However, the last point is the most important point. It addresses precisely what has been raised by the member for St. Albert—Edmonton in his comments, which is why government members or the Prime Minister are even talking about jobs. Well, here is why, and, again, I am reading the Criminal Code of Canada, subsection 715.31(f), which says that the purpose of a remediation agreement regime is as follows:

to reduce the negative consequences of the wrongdoing for persons—employees, customers, pensioners and others—who did not engage in the wrongdoing, while holding responsible those individuals who did engage in that wrongdoing.

I will simplify that for the viewers. A remediation agreement is meant to ensure that the people who make decisions at a corporation are held accountable because they committed the wrongdoing, but those who are on the front lines, such as people who work on the assembly lines, answer the phone, stock the water cooler, are not held responsible, nor are people who no longer work at the company because they are pensioners. That is the point of a remediation agreement, which is why it has taken hold in now five member countries of the G7. It is why it has been adopted into law in Canada. It is important. The fundamental priority of any government is to keep its citizens safe and to promote their economic stability and security. That is a critical component.

These are important aspects, and I raise them today because it shows that concepts such as these need to be understood better. We can already understand them better by looking at the committee track record thus far. It has been a robust one. It has heard from a number of witnesses. That committee work is continuing as it should, in a manner that has been forthright and transparent.

Corrections and Conditional Release ActGovernment Orders

March 1st, 2019 / 12:25 p.m.


See context

NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, I wish I were rising today to support Bill C-83. We have a problem in our corrections system with the use of what was originally called solitary confinement, which then became administrative segregation and is now being rebranded as structured integration units. We are trying to deal with a real problem in the corrections system, but instead, the bill is trying to rebrand the problem out of existence.

I do not think there is any way the courts will be fooled by the bill. The B.C. Supreme Court and the Ontario Superior Court have clearly found that the practice of solitary confinement is unconstitutional. The bill would actually make that practice more common than it is now, and it would have fewer protections for inmates than there are now. I will return to this question of rights later.

I want to talk about the bill from two other perspectives, which I think are equally important: the perspective of corrections workers and the perspective of victims.

In the last Parliament, I was privileged to serve as the NDP public safety critic. I was given that task based on my 20 years of teaching criminal justice at Camosun College, which is essentially a police and corrections worker training program.

The majority of the students who came into that program wanted to be police officers, as they still do. Once they are in the program, they find out that there are a lot of other jobs within the corrections, policing and criminal justice world. Many of them end up going into corrections.

I always talk to the students who are about to go into corrections about the challenges of that job. It is not as glamourous as policing. There are not many shows on TV glamourizing corrections officers. However, it is an equally challenging job.

One of the first challenges workers have to learn to deal with is being locked in during the day. For some, that is psychologically too difficult to handle. That goes along with the second challenge of that job: Corrections workers do not get any choice in who they deal with. In fact, they have to deal the most anti-social and most difficult people to deal with in our society.

Our corrections system often makes corrections workers' jobs harder. We have long wait-lists for treatment programs within our system. We also have long waits for rehabilitation programs. While people are serving their time, it is not just that they are not getting the rehabilitation they need for when they come out. It is not just that they are not getting the addiction treatment they need. They are not getting anything. They are just serving time.

Many will say that this is the kind of punishment people need. However, they tend to forget the fact that far more than 90% of the people in our corrections system will come back into society. If we are worried about the perspective of victims, we have to do a good job on rehabilitation and addiction treatment so that we do not create more victims when people come out of our corrections system.

In response to a question I posed earlier, the minister claimed that I was living in a time warp. He said the Liberals have solved all these problems and have earmarked new money for addiction and mental health treatment within prisons. He said that on the one hand, while on the other hand, he is making cuts in the corrections system.

We have a system, which is already strained from years of cuts by the Conservatives, being held in a steady state of inadequacy by the Liberal budget. It is great for the Liberals to say that they have earmarked these new programs, but if they do not have the staff and facilities to deliver those programs and the things they need to make those programs work, it does not do much good to say they are going to do it, when they cannot do it.

One of the other critical problems in our corrections system is the corrections system for women. It is even more challenging than the corrections system for men in that it is by nature, given the number of offenders, a much smaller system. There are fewer resources and fewer alternatives available for offenders within the women's system.

I think the women's corrections system also suffers from what many would call “essentialism”. That is the idea that women are somehow different from men, and therefore, with their caring and nurturing nature, do not belong in prison. There is a prejudice against women offenders that they must somehow be the worst people, even worse than male offenders, because we expect it from men but we do not expect it from women. That kind of essentialism has really stood in the way of providing the kinds of programs we need to help women offenders, who largely deal with mental health and addiction problems.

While women have served traditionally, or experientially I would say, less often in solitary confinement and shorter periods in solitary confinement, it is the same phenomenon for women as for men. It means that all kinds of mental illnesses, rather than being treated, end up being exacerbated, because while an inmate is in segregation he or she does not have access to those mental health programs. The same thing is true of addiction problems. If an inmate is in administrative segregation, he or she does not have access to those programs.

In the women's system of corrections those programs are already very limited, are hard to access, are hard to schedule and if women spend time in and out of administrative segregation, they do not get the treatment and rehabilitation that they deserve before they return to society.

Sometimes politicians make correctional workers' jobs harder and they do this by making offenders harder to manage. One of the things we hear constantly from the Conservatives is a call for consecutive sentences. They say the crimes are so horrible that if there is more than one victim we ought to have consecutive rather than concurrent sentences. We have to make sure that the worst of the worst do not get out. That is the Conservative line.

When we do that, however, we make sure we have people in the system who have no interest in being rehabilitated, they have no interest in being treated for their addictions, and they have no interest in civil behaviour, if I may put it that way, within the prison. If inmates are never going to get out, then they might as well be the baddest people they can be while they are in that situation. Calling for consecutive sentences just makes correctional workers' jobs that much harder and encourages all of the worst behaviours by offenders.

Related to that was the elimination of what we had in the system before, which was called the faint hope clause. This, for the worst offenders, allowed people to apply for early parole after serving 15 years.

The argument often becomes entitlement. Why would these people be entitled to ask for early parole? But it is the same kind of thing I was just talking about earlier. If people have a faint hope, which is why it is called faint hope, that they may eventually be released, then there is still an incentive to behave civilly while within the system. There is an incentive to get addiction treatment and there is an incentive to do rehabilitation work.

If we take away that faint hope, which we did in the last Parliament as an initiative of the Conservatives, an initiative that was supported by the Liberals, then we end up with people in prisons who are extremely difficult to manage and, therefore, very dangerous for correctional workers to deal with.

The people who are trying to use the faint hope clause are not the most attractive people in our society. The issue of eliminating the faint hope clause from the Criminal Code came up in the case of Clifford Olson in 1997. He was the serial killer of 11 young men and women. It is important to point out that when he applied for his early release, it took only 15 minutes to quash the process. Those people who are in fact the worst of the worst will never get out of prison.

There were about 1,000 applications under the existing faint hope clause. Of those 1,000 applications, 1.3% received parole, and of those 1.3%, there were virtually no returns to prison, no recidivism.

The faint hope clause worked very well in preserving discipline inside the corrections system and in making the environment safer for correctional workers but unfortunately only the NDP and the Bloc opposed eliminating the faint hope clause.

A third way in which politicians make things worse, which I mentioned in an earlier question to my Conservative colleague, is the creation of mandatory minimums. Under the Harper government we had a whole raft of mandatory minimum sentences brought in with the idea that we have to make sure that each and every person who is found guilty is punished. I would argue that we have to make sure that each and every person who is found guilty is rehabilitated. That is what public safety is all about.

The Liberals promised in their election campaign they would repeal these mandatory minimums, yet when they eventually got around after two and a half years to bringing in Bill C-75, it did not repeal mandatory minimum sentences.

We are still stuck with lots of offenders, be they aboriginal people or quite often women, or quite often those with addiction and mental health problems, who do not belong in the corrections system. They belong in the mental health treatment system. They belong in the addictions treatment system. They need supports to get their lives in order. However, under mandatory minimums, the Conservatives took away the tools that the courts had to get those people into the programs that they needed to keep all the rest of us safe.

When we combine all of these things with the lack of resources in the corrections system, which the Conservatives made a hallmark of their government and which has been continued by the Liberals, then all we are doing here is making the work of corrections officers more difficult and dangerous, and we are making the effort to make sure people are rehabilitated successfully less likely.

I want to talk about two cases, one federal and one provincial, to put a human face on the specific problem of solitary confinement.

The first of those is the sad case of Ashley Smith. Ashley Smith, from the Maritimes, was jailed at the age of 15 for throwing crabapples at a postal worker. She was given a 90-day sentence, but while she was in custody for that 90-day sentence, repeated behavioural problems resulted in her sentence being extended and extended until eventually she served four years, 17 transfers from one institution to another, because she was so difficult to manage, forced medication and long periods in solitary confinement.

What happened with Ashley Smith is a tragedy, because she died by suicide after repeated incidents of self-harm while she was in custody. It is unfortunately a sad example of the outcomes when we place people in, whatever we want to call it, solitary confinement, administrative segregation or structured integration units. It does not matter what the label is. It has enormously negative impacts on those in particular who have a mental illness.

The second case is a provincial case in Ontario, the case of Adam Capay, a mentally ill indigenous man who was kept in isolation for more than four years, without access to mental health services, and under conditions that the courts found amounted to inhumane treatment. The effects on Mr. Capay were permanent memory loss and an exacerbation of his pre-existing psychiatric disorders.

While he was in an institution, unfortunately, Mr. Capay did not get the treatment he needed, and he ended up stabbing another offender, resulting in the death of that offender. What this did, of course, was to create new victims, not only the person who lost his life while in custody but the family of that person.

The result here was a ruling by provincial court Judge John Fregeau that Mr. Capay was incapable of standing trial for that murder within the corrections system because of the way he had been treated and the excessive periods of time he had spent in solitary confinement. The prosecutors did not appeal this decision. It resulted in Mr. Capay's release, to the great distress of the family of the murder victim.

What is the real cause here? The real cause, the fundamental cause, and I am not even going to say it is solitary confinement, is the lack of resources to deal with mental health and addictions problems within our corrections system.

Let me come back to the bill very specifically. The Liberals say they are setting up a new system here to deal with the difficult offenders. They have given it that new title. Senator Kim Pate, who spent many years heading up the Elizabeth Fry Society and has received the Order of Canada for her work on women in corrections, said:

With respect to segregation, Bill C-83, is not only merely a re-branding of the same damaging practice as “Structured Intervention Units”, the new bill...also virtually eliminates existing, already inadequate limitations on its use.

Strangely, what the Liberals have done in the bill, in attempting to get rid of administrative segregation, is that they have cast a broader net. They are setting up a system that will actually bring more people into the isolation and segregation system within the corrections system. The Liberals have actually removed some of the safeguards that existed on the length of time someone could end up spending in what should be called solitary confinement. There is actually no limit in the bill on how long someone could end up in solitary confinement.

Our correctional investigator, Ivan Zinger, an independent officer of Parliament, has criticized the bill, saying people will end up in much more restrictive routines under the new system than most of them would have under the old system. The bill would make things worse.

Josh Patterson, from the B.C. Civil Liberties Association, pointed out that the bill would allow the same practices that the courts had criticized as inhumane treatment in the new bill as existed under the old administrative segregation. Therefore, we have merely relabelled the existing practices in the bill.

The final piece I want to talk about is the question of oversight. In earlier debate, the minister said I was living in a time warp. Sometimes I wish that were true. However, he was talking about oversight and said that I had missed the amendments he made on oversight. What is really true is the minister missed the point of the witnesses on oversight. Stretching all the way back to the inquiry into events at the prison for women in Kingston, Louise Arbour recommended judicial oversight of the use of solitary confinement. That is truly independent. That is truly an outside review of what happens.

Also, as Josh Patterson pointed out, not only is there no judicial oversight, there is no recourse for those who are subjected to solitary confinement to have legal representation to challenge the conditions under which they are being held.

Therefore, what the government has done in its amendments is to create not independent review but an advisory committee to the minister. That is not independent oversight and that is one of the reasons the NDP continues to oppose the bill.

I want to come back to the B.C. court decision, which pointed to two key reasons why the existing regime was unconstitutional. Those are the lack of access to counsel for what amounts to additional punishment measures being applied when someone is placed into solitary confinement and the possibility of indefinite extra punishment by being in solitary confinement. The bill deals with neither of those two key unconstitutional provisions of solitary confinement.

Therefore, where are we likely to find ourselves down the road? We are going to find ourselves back in court, with the new bill being challenged on the same grounds as the old regime of solitary confinement.

As I said at the beginning, I would like to be standing here to support a bill that would create a system for managing those most difficult offenders, those with mental health and addiction problems, in a way that would respect their constitutional rights and in a way that would guarantee treatment of their addictions and rehabilitation so when they would come out, they could be contributing members of society. Unfortunately, Bill C-83 is not that bill.

Corrections and Conditional Release ActGovernment Orders

March 1st, 2019 / 10:30 a.m.


See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, my hon. colleague from Durham brought up a very valuable point. It will frame how my 10 minutes will move forward on the topic of Bill C-83.

I am glad to see that our hon. colleague across the way, the Minister of Public Safety and Emergency Preparedness, is not at Rideau Hall right now, being shuffled away. It is nice he is here with us, as the Prime Minister tries to shuffle himself out of a crisis of confidence.

That is where we are. A great emergency debate took place last night, with valuable comments from all sides.

I rise today to speak to Bill C-83, and I reiterate that the government has used time allocation to once again force closure to limit debate. Why is that? As we have seen time and again, if the government does not like what it is hearing or does not like the message, it is going to force closure on debate. The Liberals do not want to hear anymore.

It was on day 10 of the 2015 election that the member for Papineau told Canadians that he was going to do things differently, let debate reign and not resort to parliamentary tricks such as closure and time allocation. He said that under his government, Canadians would see the most open and transparent government in the history of our country and sunny ways.

What have we seen over the last three years? We have not necessarily seen a lot of sunshine, but have heard a lot of questions. Canadians have a lot of questions, and rightfully so. Today, we are in the middle of a crisis of confidence.

We should always arm our front-line officers, those who we trust to protect us and who serve our country and our community. We should be giving them to tools so they can fulfill their missions, come home safe and sound and remain healthy.

Bill C-83 is another attempt at being soft on crime, making things easier for those who commit the worst crimes in our society. The Liberals want Canadians to believe that these criminals are okay and that somehow solitary confinement or segregation is cruel and unusual punishment. One day these criminals get out of prison and will walk among us.

Let us consider Paul Bernardo, Robert Pickton, Clifford Olson, Eric McArthur, Travis Winsor and Canada's youngest serial killer, Cody Legebokoff. These are the types of offenders who are in solitary confinement and they are there not only for the protection of officers and other inmates, but for their own protection as well.

The minister talked about consultation, saying that the Liberals had consulted with the union of correctional officers and with Canadians from coast to coast to coast. The testimony we heard is considerably different from what they have said.

They purport there is support for the bill. There is support for elements in the bill, such as body scanners. However, the union of correctional officers has some serious concerns with it. In fact, the president remarked that there would be a bloodbath behind bars with the implementation of Bill C-83. He said that prisons did not have the resources now for the two hours inmates in solitary confinement were allowed to be out each day, let alone for four hours per day.

It has been said that solitary confinement is used as an administrative tool for both the safety of the officers as well as other inmates. However, 23% of offenders who are in solitary confinement are serving life sentences; 23% of offenders are serving a sentence between two years and three years less a day; and 681 offenders are serving a sentence with a “dangerous offender” designation. Dangerous offenders very likely never get out of these institutions, because they have committed some of the worst crimes.

The Liberals want people to believe the opposition is sowing the seeds of fear, but the government is soft on crime. We have seen it with Bill C-75. Convictions for serious crimes could now be punishable with just a fine. Bill C-83's intent is to bring the prison population down from 12,000.

Prominent witnesses have had serious issues with Bill C-83. They have said it is flawed. As our hon. colleague for Durham remarked, how can Canadians have confidence in any legislation moving forward?

I will go back to the testimony we heard earlier this week from the former attorney general. It was three hours and 40 minutes of powerful testimony. The Liberals are going to spin it each and every way they can. They are going to say nothing untoward happened. The former attorney general has serious concerns. She spoke truth to power in what happened. She was shuffled. She was demoted, fired. Over the course of the following weeks, the Liberals have done everything to tarnish her character, cast doubt in her testimony. This is what they do, and it is shocking.

I challenge Canadians to take a moment to listen to that testimony, three hours and 40 minutes of it. It will give them a glimpse into our country's highest office and the extent to which it is willing to go to subvert justice. It will shock them. It will strike fear into Canadians. Make no bones about it, the world is listening.

Today is not just about Bill C-83. Today is about the crisis of confidence we have in the Prime Minister, his office and indeed his entire front bench. Those in the gallery and those who are watching should pay attention and listen. If they do one thing today, I urge them to find that testimony and listen to it. Hear in her own words how the pressure was sustained. Despite saying no multiple times, there was sustained pressure for her to subvert justice. After all, the Prime Minister was going to get his way one way or the other. That is shameful.

Corrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 3:50 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I want to thank my colleagues for this informative debate. It is too bad our friends across the way, and I say “friends” loosely, have once again limited this debate. As I said earlier today in this debate, it has to be 60 times that the government has forced closure on debate on legislation.

I rise today to speak to Bill C-83, an act to amend the Corrections and Conditional Release Act and another act. This legislation has been proposed to eliminate the administrative segregation in correctional facilities and to replace these facilities with new structured intervention units, which I will refer to as SIUs during my speech.

The bill also introduces body scanners for inmates, sets parameters for access to health care, and formalizes exceptions for indigenous offenders, female offenders and offenders with diagnosed mental health issues, among a few other things. It also expands on transfers and allows for the commissioner to assign a security classification to each penitentiary or any area in a penitentiary.

I have risen to speak to this legislation a number of times and expressed the Conservatives' concerns. Our number one concern is consultation. No matter how many times our friends across the way say they have consulted thoroughly from coast to coast to coast on this, we know through witness testimony that witness after witness expressed serious concerns with this piece of legislation. Some of the comments were that it is flawed to the core.

We always have concerns when we talk about the safety and security of those we entrust and empower to protect Canadians. Imagine that a correctional service guard reports to work and does not have all the tools required to do the job. We need to make sure first responders, and indeed correctional officers are first responders, are provided the tools and resources they need to do their job effectively and securely, but also to return home and remain healthy at all times.

The Union of Canadian Correctional Officers has repeatedly voiced its concerns with this. As a matter of fact, the head of the national prison guards union predicts a bloodbath behind bars as the federal government moves to end solitary confinement in Canadian prisons. In a newspaper interview, the union president went on to explain that segregated inmates are supervised at a 2:1 guard-to-prisoner ratio when they are not in their units. He said, “No thought has been given to what measures we need to take to make sure no one gets hurt.” When he says “no one gets hurt”, he means the correctional officers who are tasked with making sure that Canadians remain safe and secure and that inmates remain safe and secure among the inmate population. He wants to make sure they have the tools to do their jobs.

The president of the Union of Canadian Correctional Officers last year wrote a letter to the minister and said that over the last year, over 140 violent attacks on correctional officers had taken place. Let us imagine being a security guard or correctional officer in charge of over 40 inmates. We heard the flowery language from our friends across the way when they said everybody deserves a chance. Paul Bernardo and Clifford Olson are the kinds of people housed in solitary confinement.

With this piece of legislation, Bill C-83, not only does the union have some serious concerns that it is not being listened to, but we also know that this program has not been fully costed out. As a matter of fact, Correctional Service Canada managers have been asked to review spending and find some efficiencies. Regardless of whether the Liberals say there is $448 million going to this program over six years, the managers have been asked to find some efficiencies.

Every day, these officers go to work and their lives are put in jeopardy. They are there to protect Canadians. They are there to make sure that the worst of the worst stay behind bars. Whether it is Bill C-75 or Bill C-83, what we see with the government is that it is getting softer and softer on crime. Bill C-83 also looks at reclassification of certain crimes, to bring the prison population down from 12,000 to even less.

On that point, I want to bring up a case I brought up earlier today to the minister, and that is the case of Cody Legebokoff. He is Canada's youngest serial killer. In Cariboo—Prince George, he is responsible for killing four young women. He killed Loren Leslie, age 15, Natasha Montgomery, Jill Stuchenko and Cynthia Maas. To this day, the Montgomerys are still trying to find out through the court system if Cody Legebokoff knows where the remains of their daughter are.

He has refused to take any responsibility for this crime. He was sentenced at the end of 2014, yet we found out over the last month that he was transferred from maximum to medium security in early 2019, with very little notice. As a matter of fact, two of the four families did not receive any notification.

In sentencing him, Justice Parrett said, “The injuries caused in each case were massive and disfiguring, the object of each attack appearing to be aimed at not simply killing the victims but degrading and destroying them.” Justice Parrett further said, “He lacks any shred of empathy or remorse,” and, “He should never be allowed to walk among us again.”

Now we know that Legebokoff has been transferred to a prison here in Ontario from British Columbia, and even Correctional Service Canada's website, where it talks about transfers or the safety and security reclassification of inmates, says that assigning security classifications is “not an exact science”.

We should be arming our front-line workers with every tool so that they can make the best decisions, and so they can remain safe and secure at all times. That means physically as well as mentally. How is it that we are now giving more rights to our criminals than to victims and their families, or to those we trust and empower to protect us?

It is quite concerning when time after time we see our friends across the way stand up, put their hands on their hearts and say, “Trust us.” They say they have the best intentions to do well and are looking after Canadians, yet we see this type of misstep.

Bill C-83 is yet another failed piece of legislation. The victims' families and the victims of crime deserve better, and so do our first responders and our correctional officers. All they are asking for is to be heard, yet the Liberal members continue to turn a blind eye and cover their ears when those concerns are being voiced.

Report StageCorrections and Conditional Release ActGovernment Orders

February 26th, 2019 / 1:40 p.m.


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Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, I am pleased to rise today to speak to Bill C-83, an act to amend the Corrections and Conditional Release Act and another act.

I understand that Bill C-83 is designed to make a number of significant changes to our correctional system. It seeks to eliminate administrative segregation in correctional facilities, replace these facilities with new structured intervention units, or SIUs, and introduce body scanners for inmates, among other changes.

There have been a lot of problems with the correctional system and Bill C-75 could make it worse. The policies under Bill C-75 include serious offenders receiving sentences of a maximum two years less a day. People who have committed serious crimes to persons and property will be in provincial jails, downloaded. We now will have a system where there will be less chance to deal with serious offenders in provincial institutions. It has become a revolving door, where some know they will be in and out very quickly and will not be provided the help they may need in a prison system.

I know the legislation has prompted some strong responses from stakeholders. I am happy to convey some of those serious concerns.

The CSC ombudsman, Union of Canadian Correctional Officers, civil liberties and indigenous groups have all commented on the lack of consultation. Unions and employees have not been consulted. Nor have indigenous groups.

The president of the Union of Canadian Correctional Officers, whose members will be directly impacted by the legislation, even said, “The bill was as much a surprise to us as it was to anybody.” It does not sound right that it was a surprise to those who would be affected the most. It is something like the Parks Canada budget that had a $60 million pathway in it and Parks Canada knew nothing about it.

The correctional investigator of Canada told the public safety committee:

All the consultations seem to have been done internally. To my knowledge, there have been no consultations with external stakeholders. I think that's why you end up with something that is perhaps not fully thought out.

For a government that supposedly loves to consult, it sure seems to have left a lot of people dissatisfied with this process.

Of particular note are concerns we have heard from correctional officers. These are the people who wear the uniforms. These are the people who protect us and inmates. The introduction of SIUs may pose a risk to both prison guards and inmates. The legislation goes further than what was raised in either Superior Court decisions. It completely bans administrative segregation and introduces the structured intervention unit model.

We need to take a lot of care in how we deal with youth offenders or those with mental illnesses or mental disease for which segregation may not be an option. We need to be very careful in how we use segregated models with those people.

This has the potential to make prisons much more dangerous for guards and inmates. Guards will lose an important disciplinary tool. In fact, the president of the Union of Canadian Correctional Officers told the public safety committee, “by eliminating segregation and replacing it with structured intervention units, CSC will further struggle to achieve its mandate of exercising safe, secure and humane control over its inmate populations.” That is a very troubling statement. In other words, was the consultation there to find another solution? I do not think so.

Guards will be placed in greater danger as they attempt to control extremely dangerous offenders without the ability to fully separate them from other inmates. Who is going to want to be a guard if things continue this way? It is already an intensely stressful, challenging occupation. We cannot keep placing these people under greater strain. Dangerous inmates will be forced together in units with each other. Is that the right way to go?

I understand that this change is well intentioned. Canada has a fundamentally sound and humane correctional system, especially compared to many other jurisdictions around the world. We do not want a draconian system, but we do need to balance the mental health of prisoners with the safety and protection of guards, workers and fellow inmates.

The bill would fail to do some of those things. It ignores the reality on the ground in many prisons. As the member for Charlesbourg—Haute-Saint-Charles noted, some inmates request to be in administrative segregation for their own safety. They do not want to rub shoulders with other dangerous offenders.

Legislation intended to improve our correctional system should not compromise safety and security. The government needs to go back and fix the bill. It should not force the bill through over the objections of virtually all interested stakeholders and put lives at risk in doing so, especially the lives of those who wear the uniform.

I am also surprised to find that the legislation does nothing to ensure that high-risk offenders are not transferred to low-security facilities.

It was just last year that Canadians from coast to coast expressed outrage over Terri-Lynne McClintic's transfer to a healing lodge. Only after massive public pressure did the government finally move to address the injustice and send her back behind bars. The Prime Minister personally attacked his critics and accused Canadians of politicizing this issue. Thankfully, Canadians were able to pressure him enough to act so that decision was changed.

However, a prime minister should never have to be shamed into doing the right thing. There was an opportunity in this legislation to take real action to prevent similar situations in the future, but no action was taken on this topic.

One clear positive aspect that would result from the legislation is the introduction of body scanners. If this system is applied properly, it should be helpful in intercepting drugs before they make their way into prisons. It is important that the scans apply to all individuals entering the prison. Drugs simply should not be flowing into correctional facilities and creating even more dangerous conditions there.

However, I am unclear why the Liberals' haphazard plan to supply inmates with syringes would still being implemented if we have scanners. Our objective should be to prevent drug abuse in prisons, not facilitate it. Furthermore, legitimate concerns have been raised over the weaponization of the syringes. It should be obvious that the worst offenders will try to use syringes as weapons. This presents yet another threat to guards who are already operating in a dangerous environment. The body scanners should receive the highest priority, and the needle exchange program should be scrapped.

In summary, this flawed legislation is not right. It does not prioritize the safety of correctional service officers. It compromises the safety of inmates. Almost all of the witnesses the public safety committee heard were critical of the bill. The consultation process was obviously not complete.

Instead of scrapping the legislation in light of witness testimony, the Liberals are pressing forward with it. I join my colleagues in opposing the bill.

Opposition Motion—Transparency and AccountabilityBusiness of SupplyGovernment Orders

February 19th, 2019 / 3:20 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Infrastructure and Communities

Madam Speaker, I am rising to speak to the opposition motion that has been brought forward by the member for Timmins—James Bay.

Before I make some comments on the substance of the opposition motion the House is currently seized with, I would like to take a few moments to thank two individuals. First and foremost is the member for Vancouver Granville. When she was Minister of Justice and Attorney General of Canada, I served as her parliamentary secretary and I would be remiss if I did not express my gratitude for her work and her contributions to that portfolio. Certainly, it speaks for itself in terms of how we advanced the overall causes toward justice, and her leadership on the indigenous file reaches beyond her time in government here.

I would also like to take a moment to express gratitude for the work of Gerald Butts. I have come to know his family. I am keenly aware of the sacrifices that both he and his family had to make in order to put country before personal time. Obviously, it goes without saying that his loss will be felt by our team. However, we will remain focused on the work he has been committed to in the public interest for many years.

Turning to the opposition motion, as I read it, it calls for two things. First, it calls on the government to waive solicitor-client privilege for the former attorney general with respect to allegations of interference as it relates to an ongoing SNC-Lavalin prosecution. Second, it urges the government to call for a public inquiry in order to provide Canadians with transparency and accountability by the Liberals as promised in the 2015 election.

Going back to those campaign promises, we have indeed made significant strides when it comes to making government more open. I highlight a number of examples, including the introduction of Bill C-58, as well as Bill C-76, which would in fact undo some of the harm caused by the last Conservative government so that we can ensure that every voter has the right and can fully appreciate the right to vote. Bill C-50 would shed more light on political fundraising activities.

As it relates to the justice system, I am very proud of the work our government has done when it comes to ensuring that our judicial appointments process is open, transparent and merit-based. We have also introduced legislation that would improve access to justice. Here, I am referring to Bill C-75, which I know is continuing to be studied by the other place. We look forward to receiving its report back so that we can ensure our justice system is serving all Canadians.

These are all concrete measures that have raised the bar when it comes to open government and having a government that is transparent and accountable to all Canadians. We have supported each and every one of these measures with full and fair debate in the House and in the other place. What did the opposition members do when they had a chance to support those measures? They voted against those measures. That is indeed regrettable, because their voting record, in standing in opposition to those measures, actually speaks much larger volumes about how they feel about open government, as opposed to some of what I have heard from the other side of the aisle today.

The allegations that have been levied against the government are indeed serious. No one on this side of the House takes them lightly. However, as in the case of any allegation, we have to begin by looking at the sources. Who are the sources? Are they reliable? Have they been independently verified? Have they been substantiated?

Here is the truth of the matter. At present, the sources of these allegations are unknown. They are anonymous. They are not corroborated. They are not verified. They are not substantiated. This should be of great concern to not only the members of this chamber who are currently debating the motion. This should be of grave concern to all Canadians. Why is that? It is because in the place of facts, evidence and circumstances that would underlie and underpin these allegations, we have the opposition embarking upon a campaign of conjecture, speculation and a rush to judgment. While indeed I will concede that this does make for good political theatre, it does not advance the pursuit of truth.

The Prime Minister has been clear that at no point did either he or his staff direct the former attorney general or the current Attorney General on the matter of SNC-Lavalin. He has been abundantly clear that at no point did either he or his staff wrongly influence the former or present Attorney General when it comes to the SNC-Lavalin matter.

I understand from the opposition that in answer to those statements made by the Prime Minister they would hear from the former attorney general, the member for Vancouver Granville. It is not for me to speak for the member for Vancouver Granville. It is not for the opposition to speak on her behalf, as I have heard some of my colleagues from the other side of the aisle purport to do over the last number of days.

I understand from media reports that the member for Vancouver Granville has sought legal advice. I imagine she is certainly taking that legal advice into consideration. Coincidentally I would note that the legal advice itself is privileged and I will come back to the importance of that principle in a moment. I want to underscore that it is a decision of her making as to if and when she will make a further comment about this matter in public.

In regard to the merits of the motion, the Prime Minister has indicated today, as has his Attorney General, that he has sought and is in the course of seeking legal advice on the matter of solicitor-client privilege as it applies to the motion. Let me say a few words about the importance of solicitor-client privilege.

This is not only a legal principle recognized in the common law. It is not only a legal principle that has been enshrined in various statutes. It is a principle that has been elevated to constitutional status by the Supreme Court of Canada. It is permanent. It survives the relationship between the parties and it is, as the Supreme Court of Canada has held, fundamental to the proper functioning of our government and to our democracy. In fact, the Supreme Court of Canada has held that without solicitor-client privilege, the administration of justice, and by extension our democracy, would be compromised. We cannot take for granted what is at stake when we put into play the questions of when solicitor-client privilege applies.

The Prime Minister and the government, as some of my colleagues will have served in the last administration will recall, some of whom indeed were in cabinet themselves, no doubt understand first-hand the importance of this principle as it relates to the day-to-day functioning of our government. It is required in order to ensure that there is an atmosphere, an environment in which the government can seek legal advice on how best to undertake policy and legislative initiatives so that they are consistent with the charter.

Without that environment, without that space, in order to have a free, fair and flowing exchange of ideas, different perspectives and different voices, there would be an undermining of the proper functioning of government. We place this privilege at the very pinnacle of our justice system and it does not just apply to government. It applies to all Canadians. If at any point in time Canadians have either retained a lawyer and have come into play with the justice system, they will understand the importance of having a confidential relationship with their lawyer so that their lawyer can best serve their interests. Canadians would understand that they would not want their lawyers to flippantly waive that privilege. We need to be sure that we put this issue into its proper context in the debate of the opposition motion that is on the floor today.

It is true that in law there are some limited exceptions to this privilege and I understand that members of the opposition are calling with great fervour for the waiver of privilege in this case as it relates to their allegations and the former attorney general of Canada. To my mind, in order to waive this privilege, we need something more compelling, more confirmed and more corroborated than the anonymous sources that have appeared in a number of media reports.

I look to my colleagues in the opposition, and in particular to those who have been called to the bar who have a deep understanding of and I would hope a profound respect for this principle, to substantiate their claim beyond the hyperbole, the exaggeration and the stretched statements that I have listened very carefully to throughout the course of this debate. I am still waiting.

The second part of the opposition motion urges the government to initiate a judicial inquiry, something that my Conservative colleagues have had some experience with themselves. In some cases, there were obvious social causes for which the public requested, of the last Conservative government, the compelling need for an inquiry and the Conservative government refused. One such case was the call for an inquiry into missing and murdered indigenous women. The last Conservative government consistently, in the face of an ongoing systemic tragedy in our justice system, refused to undertake one. I will let members opposite defend that decision, and I will stand here and explain my reasons the call for a judicial inquiry is, at best, premature.

Currently, there are a number of processes unfolding in Parliament and within the law by statutory parliamentary officers to provide a degree of accountability and transparency in response to the allegations that have been put forward by the opposition.

The first comes from the Standing Committee on Justice and Human Rights, which is meeting at this very moment, if I am not mistaken, to determine which witnesses it will hear from. Once more, the opposition has rushed to judgment. It has made this a partisan matter without waiting to see the full list of witnesses who will be called by that committee.

Respectfully, I would suggest that my colleagues and friends on the other side of the aisle let that process unfold and place faith in the independence of that committee, in which members on this side of the House place great faith, and in its members' capacity to bring their own ideas, their own thinking and their own principles. I suggest they see where that committee takes this, rather than claiming that on the one hand the committee should do its business, and on the other hand, it is essentially fraught with partisanship. It is either one or the other. Either members of the House will come to that committee with an open mind, an appreciation of independence and an understanding of the importance of this work, or they will not.

Certainly for my colleagues who work on that committee, I have faith in their independence and integrity. I speak on behalf of all members on this side of the House when I say that we all look forward to their ongoing work at committee.

We have also heard from the opposition that we need to have a judicial inquiry because the Ethics Commissioner does not have the sufficient ability or capacity, the statutory mandate, to look into the allegations that are the subject of the opposition motion. In particular, my colleagues in the NDP have expressed their concerns and frustrations regarding the Ethics Commissioner's lack of capacity to do his job.

The first observation to make is that it was the NDP members themselves who decided, of their own volition, which parliamentary official to bring this allegation to.

We are not saying, one way or the other, whether this was the right choice. That was a matter for the NDP to determine. However, listening to the NDP members today in question period, it was somewhat ironic to hear them say on the one hand that they filed a complaint with the Ethics Commissioner and then on the other hand, virtually at the same time, that the Ethics Commissioner did not have the ability to look into the very allegations that they were bringing forward. It is inconsistent and incompatible with basic logic that they would have submitted those allegations to the Ethics Commissioner in the first place if they believed that the Ethics Commissioner was unable to look into them.

We have said that we believe in the work of the Ethics Commissioner. This is a parliamentary officer. This is an officer who is independent from government. This is an officer who is not part of the partisan exercise and debate that is the sine qua non of this place. This is a parliamentary officer who has the statutory mandate to examine the circumstances and the allegations put forward by the opposition.

As we have said repeatedly, we place faith in the office and the people who serve in that office, and we will co-operate at every step of the way, as we have in the past.

There are many other fora and venues for the opposition to make their case. It is not for the government to set those steps or to provide that road map for them. The opposition will determine what it wants to do. However, in the meantime, in addition to all of the remarks that I have made about the subject of this motion, I hope Canadians view this matter as not just simply turning a blind eye. There will be transparency. There will be accountability. I am confident in what the Prime Minister says in saying that there has been no direction and no wrongful influence as it relates to the former attorney general or the present Attorney General, because I know that this is a government that has great respect when it comes to the independence of our judiciary, when it comes to the independence of the legal profession and when it comes to the independence of the administration of justice. I believe firmly that our work speaks to those values.

At the end of the day, what matters more than the theatre and the drama—which can make for good reading on a weekend or at night if there is nothing else to do—is the work, the work of the government, the work to ensure that every Canadian has the opportunity to achieve his or her full potential. It is the work to serve the most vulnerable, which was a campaign promise, a belief on which the government was elected, and work that we do each and every day, together, united in solidarity. It is bigger than any one of us. It is bigger than all of us. It is the very reason we are here: to serve the public, to serve the public interest.

For all those reasons, I am going to encourage my opposition colleagues to reconsider this motion and to put our focus and our energies back on the people who sent us here—Canadians.

JusticeAdjournment Proceedings

February 7th, 2019 / 6:45 p.m.


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Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, the parliamentary secretary mentioned Bill C-75, and I would agree with part of it. However, many of those offences have been downgraded, almost 60 of them, and when the suggestion is not to take property crimes seriously, that statement of hers will ring loudly for a long time in my riding and create anger. If someone has been a victim of property crime, that is a tragic piece.

When she speaks of Bill C-75, which is a slap on the wrist for many offences on property, people become very angry. This is a challenge. Rural crime is still a challenge and it needs to be resolved.

JusticeAdjournment Proceedings

February 7th, 2019 / 6:45 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I appreciate the member for Bow River's intervention today, but I would like to remind him there are significant crimes happening across this country that really are more serious than property crimes. There are crimes against people happening every day, as well as crimes against women.

Originally, this question came out of the case of Tanya Campbell-Losier, which took place in Brooks, Alberta. These people continue to endure the pain of this woman's loss. While I think we are making some huge headway on this, it is very important not to forget the people who were involved in these kinds of crimes across the country.

I know people are there for the people of Brooks, Alberta, and I know they want to make sure they know they are comforted and supported, but there really is not any comfort to be found in jurisdictional issues and processes and procedures of criminal law. However, in the context of the discussion in Parliament, it is important to be clear. That is part of our role here.

The offender in that particular case is a provincial offender who was incarcerated in an Alberta provincial prison. When he pleaded guilty to manslaughter and received his sentence last spring, it was pursuant to the exact same Criminal Code provisions that were in place under the Harper government. Nothing had changed. When he was granted day parole in the fall, it was pursuant to the exact same criteria in the Corrections and Conditional Release Act that were in place under the Harper government. There had been no changes.

Again, that is obviously cold comfort to Tanya's loved ones. They do not want us pointing partisan fingers. They want us to make the system better.

There is a legitimate question to come to this government: What is this government doing to protect women from intimate partner violence and to hold perpetrators accountable for their crimes? Here is the answer. We have introduced Bill C-75, which would strengthen the way the criminal justice system deals with intimate partner violence by allowing for longer sentences, reversing the onus at bail hearings for repeat offenders and broadening the definition to include not just spouses but dating partners and former partners.

We have invested over $200 million to prevent gender-based violence and to support survivors and to deal with the scourge of violence against women. We are providing safe options to women in abusive relationships by devoting a third of the $40-billion national housing strategy to projects for women, girls and their families fleeing violence. This also helps maintain 7,000 shelter spaces.

Of course none of that brings Tanya back, but it will help more women from suffering her fate. Once again, my deepest condolences to her family and friends, and the community of Brooks, Alberta, whom I am sure continue to miss her very much.

Bill C-78—Time Allocation MotionDivorce ActGovernment Orders

February 6th, 2019 / 4:40 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I find it interesting, just entering into the conversation now, that the hon. minister stands up and talks about how there has been ample time to consult our constituents.

With that, I would like to bring up a constituent, somebody for whom I have been tirelessly advocating. She is Shelley Beyak, whose children, Liam and Mia Tarabichi, were kidnapped by their father, Shelley's ex-husband. The Prime Minister refuses to intervene in this case.

How does the hon. minister, who is new on this file, rationalize the comments today about speeding up a piece of legislation when he and his Prime Minister are failing to act to bring home Liam and Mia Tarabichi, a situation this bill actually touches on? As well, another piece of legislation, Bill C-75, actually lessens the charge for abduction of children under 14 and would again fall to this situation.

How does the minister rationalize his actions on this file while levying time allocation on this important piece of legislation?

January 31st, 2019 / 9:35 a.m.


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Minister of Justice and Attorney General of Canada

David Lametti

With respect to the bestiality provisions, my sense is that the challenges would be the same as with any sexual assault provision where you have a vulnerable party. Vulnerable parties are often not people who readily go to a police station and file a report. You're talking about children, for example. It requires other people to report, other people to know about it. All of the investigative challenges that exist with respect to sexual crimes against children generally are going to be quite similar here, I think. Again, we're trying to provide an additional tool and an additional basis on which people can be charged.

We've alluded to some of the challenges that exist around animal fighting, in the sense that it's clandestine, so hidden to begin with, and also often interwoven with organized crime, which adds another layer of complexity.

But, once again, we're trying to provide a basis on which our law enforcement authorities can move in and stop the practice. Hopefully, I think, generally, some of the administration of justice provisions that are contained, for example, in Bill C-75, will also help facilitate the task at the other end.

January 31st, 2019 / 9:20 a.m.


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Minister of Justice and Attorney General of Canada

David Lametti

As legislators, I think any piece of the puzzle we can improve.... There are many moving parts, with Bill C-78 and the Divorce Act being one, as is administrative justice reform, which you have already looked at, and Bill C-75 and moving forward with that are all a series of parts to improving the criminal justice system and the administration of justice. With all of these pieces of legislation, whether they be social or criminal, or help in some other way, we hope to improve the lot of families and children, and to better protect animals.

I guess there isn't one single answer other than to say that we're trying to make a number of things better, and we will continue to do that.

JusticeOral Questions

December 13th, 2018 / 3:05 p.m.


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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I have received the correspondence from my hon. colleague across the way and I will take great care in reviewing that correspondence. The letter is speaking with respect to a bill that we introduced, Bill C-75, which seeks to reform the Criminal Code and improve efficiencies and effectiveness.

We are making changes to bail reform. We are looking at administration of justice offences to address delays, with the underlying emphasis on public safety, ensuring we respect victims and ensuring we have an efficient and effective criminal justice system. I look forward to having further conversations with the hon. member.

Criminal CodeGovernment Orders

December 10th, 2018 / 6:15 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I am here to speak tonight to Bill C-51. For those who are not aware, this bill is intended to clean up clauses in the law that are no longer useful or applicable and to strengthen some of the language.

First, Bill C-51 is another omnibus bill. The Prime Minister said that the Liberals would not have omnibus bills, but we continue to see them in the House day after day. I may have gotten used to the fact that the Prime Minister always breaks his promise. However, I want people to be aware of this so they understand, as we approach next year's election, that the Prime Minister does not keep his promises and if he makes new promises, Canadians can expect that behaviour to continue. The promises really are not worth the paper on which they are written. Therefore, I object to this being an omnibus bill.

Usually when we think of justice bills, we think about what the government is trying to achieve in the country with respect to justice. Normally, we try to define what behaviour would be considered criminal, sentences that would be appropriate and commensurate with the crimes and that they are enforced in a timely way. However, I have to question what the justice minister is thinking with these pieces of legislation and actions that have been taken.

The government is in the fourth year of its mandate and what priority has the justice minister been giving time to? First, she has not put enough judges in place to keep murderers and rapists from going free because time has passed and the Jordan principle applies. That should have been a priority for the government, but clearly was not.

We heard earlier in the debate about how the government was pursuing veterans and indigenous people in court. That is obviously a priority for it, but one would think that other things would make the list. The Liberals prioritized the legalization of marijuana and the legalization of assisted suicide. Then it introduced Bill C-75, which took a number of serious crimes and reduced them to summary convictions of two years or a fine, things like forcible confinement of a minor, forced child marriage, belonging to a criminal organization, bribing an official and a lot of things like that. Those were the priorities of the government.

Then there is Bill C-83 regarding solitary confinement and impacts on 340 Canadians.

I am not sure what the priority of the government is when we consider the crime that has hit the streets. There is the increase in unlawful guns and gangs and huge issues with drug trafficking. I was just in Winnipeg and saw the meth addiction problem occupying the police and law enforcement there. I would have thought there would be other priorities.

If I think specifically about some of the measures in Bill C-51, the most egregious one to me is that the government tried to remove section 176, which protects religious officials and puts punishments in place for disrupting religious ceremonies.

Eighty-three churches in Sarnia—Lambton wrote letters and submitted petitions. There was an immediate outcry. It was nice that the government was eventually shamed into changing its mind and kept that section the way it was. However, why is there no moral compass with the government? We have had to shame it into doing the right thing many times, and this was one of them.

Terri-Lynne McClintic was moved to a healing lodge. I remember hearing the Minister of Public Safety talk day after day about how there was nothing he could do. I looked at section 6(1) of the Corrections and Conditional Release Act. It says that the minister has full authority over his department. Eventually, of course, we shamed the government into the right thing. We heard today there may be a similar opportunity with Michael Rafferty, the other killer of Tori Stafford.

There is the Chris Garnier situation. He brutally murdered a police officer. He has PTSD and is getting veterans benefits when he was never a veteran. Again, we had to shame the government into taking action.

Then there was Statistics Canada. The government had a plan to allow it to take the personal financial transactional information of people's bank accounts and credit cards without their consent. Again, there was a total out-of-touch-with-Canadians response from the government, asking why it was a problem. Eventually, ruling by the polls, Canadians again shamed the government into changing its mind on that one.

Finally, there was the Canada summer jobs situation, which was very egregious to me. In my riding, numerous organizations were not able to access funding because of this values test that the government had put in place. The hospice, which delivers palliative care, was not even able to apply. It is under the Catholic diocese of Canada, which objected to the attestation. It has taken a very long time, but again, the government has been shamed into saying that the people are right and that maybe it will change it up for next year. Why does the government always have to be shamed into these things instead of having a moral compass to know what is right and what is not?

Bill C-51 would clean up a lot of things that were obviously a big priority for the government, like comic books causing crime. We know there have been huge issues about that in Canada. It would remove offences such as challenging someone to a dual. It would clean up the section on people fraudulently using witchcraft and sorcery. It would clean up a number of things. I do not object to it; I just do not see it as a priority when people are dying because of serious crimes.

Then there is the issue of sexual assault. The government spends a lot of word count talking about the fact that it cares about this. However, does it really care about sexual assault and strengthening the language on consent when it does not appoint enough judges to keep rapists from going free?

I was the chair of the status of women and we studied violence against women and girls. We know that one out of every thousand sexual assault cases actually goes to court and gets a conviction. If we want to talk about the sentences applied, they are measured in months and not years, when the victims struggle on forever.

Although there has been an attempt to make it clear what consent really means, there has been discussion in the debate today that it is still not clear. If people are interested to see what consent really means, there is a little video clip that can be googled. It is called Tea Consent. It is a very good way of demonstrating what consent is. I encourage everyone to take a look at that.

When it comes to the justice system and the priorities of the government, I cannot believe it has not addressed the more serious things facing our nation. We can think about what the justice minister ought to do, such as putting enough judges in place so we can have timely processing of events, and prioritize. If we do not have enough judges for the number of cases occurring, it is an indication of too much crime. However, it is also an opportunity to put the priority on processing murderers and rapists ahead of people being charged with petty crimes of less importance.

When it comes to looking at some of the actions the government should be taking going forward, it should be focusing on the issue of illegal gun activity happening right now. Ninety-five per cent of homicides is happening with unlawful guns or guns that are used unlawfully. There is a huge opportunity to do something about that. This should be a priority for the justice minister.

Our leader has put together a very cohesive plan that would reduce gun and gang violence. It is a great, well-thought out plan. I wish the Liberal government had some plan to try to do something to reduce crime in the country and to ensure that the people who commit crimes are actually held to account. I do not see that in Bill C-51. I have to wonder why it took so long to bring the bill forward.

As I said, the government is in the fourth year of its mandate and Bill C-39 would have made a lot of these fixes. It was introduced in March of 2017. Here we are at the end of 2018 and still none of this has gone through.

Criminal CodeGovernment Orders

December 10th, 2018 / 5:30 p.m.


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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, like my colleague, I have been here since 2004. It is interesting to realize that for 10 years the House will not be located here. It reminds me of how honoured I am to be here.

I do want to ask the member about this whole soft on crime agenda of the Liberals. He mentioned section 176. In my community, people perceive that as an attack on religious freedom.

He also talked about the Canada summer jobs program.

Bill C-75 would actually change indictable offences into summary convictions.

My colleague asked if we on this side have consulted experts. It seems members on the other side do not want to consult with Canadians.

The entire agenda of the Liberals moving forward is soft on crime policies, especially policies that would change something that was an indictable offence into a summary conviction. What kind of message does that send to Canadians?

Criminal CodeGovernment Orders

December 10th, 2018 / 5:05 p.m.


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Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, it is always a privilege to stand in this place, especially as we approach the time when it will be closed and the last week we will be here.

It is an august place, a place where many interesting debates have happened since it reopened after the fire. As for the one before the fire, we are coming up the 100th anniversary of Prime Minister Laurier, who was a leader of note. He established Alberta and Saskatchewan as provinces, and passed away the following year. Not only did he establish Alberta and Saskatchewan, he was in favour of free trade agreements. In 1911, he lost an election on a free trade agreement. We may see that happen again in 2019.

Also I remember well the debates on the flag issue, which was a focus for the country in the sixties. The debates between Diefenbaker and Pearson are legendary in this place. The flag issue is one that had a lot of Canadians focused on this place and on the debates, which resulted in the maple flag we have today.

I also remember when we had a loyal opposition party leading a charge to leave the country. A lot of people were a little confused about the debates that went on in this place when the leader of the loyal opposition wanted to split up the country.

Many debates have happened in this place, with many people who are orators, intelligent people expressing their opinions and representing Canadians. At this time, I am one of 338 who has the honour and privilege to stand in this place, but not for much longer as this building will close this week and we will move to another place. Again, it is a privilege to look around and see the magnificent edifice and beautiful place in which we get to work.

Today I rise to speak to C-51, an act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another act. Since it was introduced the first time, and again as it has come back from the Senate, there have been learned people standing and speaking to this. It is an omnibus bill. It is very complicated and one some people in the House are able to understand, comprehend and speak very clearly about. Others speak of its broad issues, but not as intelligently as some of the members in the House who have legal backgrounds.

However, it should not be a surprise there are issues when we get a bill this big, although many people would agree with some of the things in it.

I will be sharing my time, Mr. Speaker, with my colleague from Niagara West.

We agree with some things in this omnibus bill. It contains some worthy provisions. Clarifying the law in relation to sexual consent is very important. Repealing unconstitutional provisions in the Criminal Code is a positive aspect. I was also very happy the government backed down, as we have heard many times, on the removal of section 176 of the code. I heard a lot about this one from my constituents. Many faith groups, including those in my riding of Bow River, were deeply concerned about that section.

The section provides protection to those practising their religion. We have freedom of religion in Canada. One of thing I may not agree with everybody on is religion, but I would fight to the death for those people to be able to express their religious beliefs. Religious communities need to be able to worship without fear of interference and disruption. This is truer now than ever. Hate crimes against religious groups are on the rise in Canada. A section of the code that gives these groups clear, unambiguous confidence in their right to worship as they please is far from redundant.

When we were talking about the inoperative sections of the Criminal Code and Bill C-51, it was the unfortunate decision by the government to initially include section 176 of the Criminal Code among the sections it deemed to be obsolete. Section 176 is hardly redundant, hardly obsolete and certainly not unconstitutional. Indeed, section 176 is the only section in the Criminal Code that protects clergy from having their services disrupted, something which is very serious and goes to the heart of religious freedom.

The government turned a blind eye when it introduced this, and the Conservatives called them out on it. As a result, tens of thousands of Canadians spoke out, telling the government that it was wrong.

My learned colleague on the other side previously mentioned that a committee was able to resolve this. It was one of the outstanding features of the committee that it unanimously came to that. However, it is my belief that there was such push-back in religious communities that the people sitting on that committee realized the mistake in that initial document and changed it.

Municipal governments must react much sooner when they may have made a mistake. If in coffee shops they hear about something, they pass it the next day, and at the next meeting, they can fix it. This is a much longer process, but at the committee level, members heard from religious people of faith in our country that this was not the appropriate thing to do.

I will move on. Clause 14 of Bill C-51 proposed to repeal section 176 of the Criminal Code, which makes it a crime to unlawfully obstruct a religious official. Conservatives were the first to identify this clause. As a result of the public backlash, the Liberals on the justice committee amended Bill C-51 to remove it.

However, only months later, the Liberals hybridized section 176 in Bill C-75. Currently, it is a solely indictable offence, which is reserved for the most serious offences. However, by hybridizing section 176, it could be prosecuted as a summary conviction offence, which is reserved for less serious offences. That means that offenders could just get a fine, and I think that would downgrade the importance of religious freedom. For people who practice it and leaders of religion, this would be downgraded to a less serious offence. That is not right.

While the specific changes would not have a significant impact on the maximum sentence, unlike some of the other offences the government is hybridizing, it would send a message. I would submit that it would send exactly the wrong message. It would send the message that disrupting a religious service and infringing on the freedom of religion of Canadians, which is not just any freedom but a fundamental freedom in our Charter of Rights and Freedoms, is not that serious. That is just wrong. It is why the Conservatives opposed it and stood up to fight Bill C-75.

Then there were amendments that came back from the Senate. The Senate put forward amendments because there was concern that this would add confusion in cases where a person was not unconscious but was, for example, highly intoxicated. Unfortunately, while the Senate amendments may have been well intentioned, they would simply cause more problems and solve a problem that really does not exist. We would support voting against these amendments, because we believe that they do not clarify; they just make things more confusing.

Conservatives fully support all changes in the bill to clarify and strengthen sexual assault provisions in the Criminal Code. These changes would help support victims of horrific sexual assault crimes. Conservatives also support repealing or amending sections of the code that have been ruled unconstitutional by the courts.

It is important to keep the code clean and up to date for efficient and effective justice for victims and their families. Bill C-51 would merely clarify that consent can never occur when an individual is unconscious. That is consistent with the J.A. decision.

Bill C-51 would not, as the Senate amendment argues, potentially create a bright line for consent on the basis of consciousness. In that regard, proposed paragraph 273.1(2)(b) provides that “no consent is obtained...for any reason other than [unconsciousness].” This language clearly acknowledges that there are many possible reasons a person may be incapable of consent, despite being conscious.

The Senate amendment would likely lead to additional complexity and confusion over what evidence was relevant to determine consent. Instead of adding certainty to the law, it would lead to further litigation involving these factors. For those reasons, we oppose this amendment.

Criminal CodeGovernment Orders

December 10th, 2018 / 5 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, on that point, the government proceeded with hybridizing offences under section 176 in Bill C-75. Although members of the standing committee chose to make that change with respect to Bill C-51, we saw new government legislation in the form of Bill C-75 that again showed a lack of appreciation for this important section.

It would have been great if the same standing committee had shown the alleged independence that the member speaks of by fixing it the second time around as well. Unfortunately, sometimes, even on relatively independent committees, the PMO's hammer comes down and we do not see that change.

It is frustrating to see repeated attempts by the government in its legislation to weaken section 176. Yes, there was an amendment the first time around on this bill, but there was not an amendment the second time around.

In so many different areas, the government tries to do something, there is a public backlash, it waits a while and then we see it do something similar. Talking about the impact on faith communities, the Canada summer jobs issue has been in the news recently. I do not think Canadians are going to be fooled by the fact that the government is trying to make what looks like a change in an election year. Many faith communities have seen what the government's intentions are with respect to their freedoms and liberties. To change the tone of the discussion in an election year is not the best indication of what it has in mind or what it would likely do if it were re-elected.

Criminal CodeGovernment Orders

December 10th, 2018 / 4:35 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is a pleasure to rise today to participate in the debate on Bill C-51 and, in particular, the Senate amendments.

My intention in my remarks today is to focus on two issues that arise out of this bill. One is the question of advance consent in general, at a philosophical and practical level, and whether we think that a person ought to be able to consent in advance to something happening in the future and some of the issues related to that in this bill. The other is I want to talk about section 176 and the way in which the government approaches our response to potential acts of hate and violence and disruption that are perpetrated against faith communities in Canada.

The issue of advance consent is very much one that has been discussed back and forth and from different perspectives. I note that with respect to the idea of someone consenting in advance to sexual activity, this is a subject on which the Supreme Court of Canada and the Ontario Court of Appeal, at certain points in time, disagreed. There was a court decision in R. v. J.A. in which the person accused of sexual assault argued in the context of that particular case that sexual assault had not taken place because the complainant had consented to being rendered unconscious, allegedly, and consented, allegedly, to engaging in sexual activity. The Ontario Court of Appeal actually agreed with the arguments of the accused in this case, and said the “only state of mind ever experienced by the person is that of consent”.

I think the Ontario Court of Appeal got it wrong. Many people would say that it is not only wrong but deeply offensive to suggest that a sexual act could be performed without a person's explicit consent in the moment, on the basis of alleged prior consent in advance.

In my view, the Supreme Court got it right when it said:

It is not possible for an unconscious person to satisfy this requirement, even if she expresses her consent in advance. Any sexual activity with an individual who is incapable of consciously evaluating whether she is consenting is therefore not consensual within the meaning of the Criminal Code.

Bill C-51 puts that legal court decision into the Criminal Code by noting that there is never consent when a person is unconscious. Proposed paragraph 273.1(2)(a.1) states:

For the purpose of subsection (1), no consent is obtained if

(a.1) the complainant is unconscious;

The decision of the Supreme Court in this case is the right decision. It is one that I agree with and it is one that is reflected in the law.

It is noteworthy at the same time that the Ontario Court of Appeal thought differently and indeed advanced arguments for the idea that a person could provide so-called advance consent in this case. It reflects the fact that in different contexts around different debates, people have made arguments about the supposed legitimacy of advance consent. We see in another case the use of that argument, and I will get to that in a few moments.

The cases against so-called advance consent as something we should allow or accept are myriad. One of the obvious arguments against it is that one's past self, in one's wishes and inclinations, might disagree substantively from one's future self. One might think that at such and such a point in the future under certain circumstances one will want this or feel this or accept this. However, in reality, when one experiences those things, one feels totally differently in the context of that new situation. The idea of a past self irrevocably dictating the conditions and events that are going to occur with a future self is unjust to the future self and it violates the autonomy of the individual at that point in time in the future. Our past selves differ from our future selves, and perceptions about how we will experience certain events in the past might differ from how we actually experience them in the moment when they are taking place.

It is on this basis of recognizing the importance of autonomy, not in the sense of a past self-binding and future self-binding but autonomy in the sense of individuals making determinations about themselves in the moment and being able to ensure that they are comfortable with and accepting of everything that is happening while that thing is happening, that the court, the House, and this legislation recognize the fundamental wrongness of advance consent in the context of sexual activity.

I develop this point in spite of the perhaps pre-existing agreement in the House because it has some relevance to our discussion of other issues with respect to consent. In particular, some members would like to see us allow advance consent in the case of euthanasia or assisted suicide. It is important for members to reflect on the argument for and against allowing advance consent in the one case when we consider the possible application of that same principle in a different case.

Questions were asked in the House, for example, about the case of Ms. Audrey Parker, a tragic situation for her, and other cases, where the idea of advance consent was brought up. Some have argued, especially some of my friends in the NDP, that people should be able to provide consent in advance that their life be taken if their condition advances to a certain point and if certain conditions are met.

I find that prospect very troubling, that a present self could irrevocably bind a future self, especially that the person could establish parameters under which that future self would be bound even in a case where that future self might, in the moment in terms of practical expression, not want that to happen.

The particular context in euthanasia of providing advance consent is, of course, that people have to imagine how they would experience certain conditions, certain development of a disease, and how they would feel about it, how they would respond and what they would want in the moment. The idea and the argument that some advocates have made is that the person should be able to issue an advance directive, so that even if they in that moment do not have the capacity to make a decision, their past self would decide for them in the present.

This can create a situation, though, where one might ask what happens if a person with somewhat lost capacity, but nonetheless with a condition set out by their past self, then says he does not want his life taken. His past self had established this living will, this advance directive of sorts, that would then theoretically involve the state and medical professionals taking his life in a case where he did not want that to happen in the moment based on something his past self said.

This is not a purely hypothetical case. There is currently a case before the Dutch courts in which a patient was held down by family members while a physician injected her with lethal medication. The doctor was acting based on an interpretation of an advance directive and of past statements made by the patient.

We do have cases where there is an application of the idea of advance consent to euthanasia, and we have a very scary situation, frankly, where a person's life is taken when he or she is saying in the moment, “No, I don't want this to happen”, but someone else is interpreting something the individual said in the past as overruling the individual's expression in the moment.

The present self who is facing this kind of violence, I would argue, is maybe at a point of lower capacity than the person previously had, but I still think it is a very scary situation or proposition.

I would encourage members to reflect on the question of advance consent and to take a consistent position on it. I would suggest that members set a similar standard for consent in these cases. It does not seem, to me, to make sense to have a lower bar for the consent required to die than consent required for sexual activity, to abhor advance consent in the case of sexual activity, and yet to support it in the case of death and dying. We do not know exactly where the debate on advance consent in the context of death and dying is going to go. I know there is an expert panel the government has put forward that we expect to hear a report back from relatively soon. I know there are members of the government caucus who have said that they are supportive of the idea of advance consent.

However, if we think about the case that I spoke about in particular and how we would feel if a past version of ourselves had said we wanted something, which all of a sudden, in the moment, in a situation, we really do not want to have happen, and yet we are told that we had said we had wanted this in the past, so our past self can dictate to our present self. I would see that as really going against a pretty basic principle of autonomy that I know is important to many members.

I leave that for the consideration of the House. It is very relevant to our discussion of Bill C-51, in terms of the way in which the bill codifies the point that in the context of sexual consent, one cannot consent in advance, that a person who is unconscious can never consent, regardless of what they said beforehand. Again, to underline this, I very much agree with that particular change to Bill C-51. I want to encourage members to think about what that means for some of the other conversations that are happening.

This bill deals with Senate amendments. There is a proposed Senate amendment that provides some specific language around that section. I know that some of my colleagues are favourably disposed towards the intent of the senator who brought this forward, but are concerned about some of the unintended legal implications of it, namely, that if certain things are spelled out explicitly, there might also be things that are not spelled out in the section. The sense, and I think it is a good sense, is that the existing language in that particular section of Bill C-51 does the trick in hitting the particular point on the mark. That is what I wanted to say about the issue of advance consent.

I would like to make a few comments about section 176 of the Criminal Code and the back and forth we have seen in our discussions on that section and on some of the other actions the government has taken in this regard.

Section 176 deals with the disruption of a religious service and vandalism against church property, and so forth. Our caucus has done a great deal of work with civil society to bring attention to the importance and value of this section, and to oppose initial efforts by the government to remove this section.

The government argued that section 176 could be removed, because it was redundant. Clearly the offences that are covered by section 176 are things that other charges could apply to, but that does not mean that the offence, in terms of putting a particular emphasis on it and ensuring fulsome prosecution in these cases, is redundant. By analogy, our Criminal Code speaks specifically of hate crimes, and I have never heard anyone argue that hate crimes legislation is redundant because the violence associated with hate crimes, namely, vandalism, but more particularly assault and those sorts of things, are already illegal.

I have never heard anyone ask why we need hate crime provisions because those things are already illegal. I think all of us accept that the message sent by having a particular category of prosecution associated with hate crimes is appropriate, because hate crimes are not just aimed at doing violence to a particular individual but also at making an entire community feel threatened and unsafe in living their lives as they do, including the practice of their faith and the public actions they take that are associated with their identity, and so forth.

Hate crimes legislation is about ensuring that groups of people are not targeted on the basis of their identity. That is why we treat a hate crime as something distinct from an act of assault on its own. If members accept that principle with respect to hate crimes and hate crimes in prosecution, it would seem to me that the same principle goes to section 176. Someone who actively disrupts a church service or commits acts of vandalism or violence against religious clergy are not just trying to enact specific violence against an individual or place. It is not merely an act of trespassing or vandalism, rather an action that carries with it a real chill for the ability of people of faith to live freely and confidently without worry of that kind of violence. That is why section 176 is not redundant. It is critically important.

Another argument the government used was to say that the language in section 176 is outdated because it refers to a clergyman and is not, in its textual implications, inclusive of all faiths and genders. However, in reality, the section was clearly being applied in a way that was fully inclusive. It really was an odd argument to make that we should take the section out completely because it was not, in its language, inclusive when all that was really required was to change the language. Even changing the language did not change the actual practical effects of the law.

In the end, in response to a really strong reaction and groundswell from different communities working collaboratively with our party, the proposed deletion of section 176 by Bill C-51 was abandoned. We were pleased to see that.

At the same time, we then saw the government, in Bill C-75, proposing to hybridize offences under section 176, effectively reducing the sentence for these offences. In the previous discussion in the House on this issue, my friend from Winnipeg North offered a defence of the idea of hybridized offences. I do not think anyone has argued there should not be any cases where the level of available discretion would not cover a spectrum associated with hybridized offences.

However, I think a lot of those who advocated significantly for section 176 to be preserved, and were initially pleased by the government's stepping back from their decision, kind of saw in the hybridization of this particular offence yet another indication that the government does not really understand the importance of this and does not accept the value of having strong, clear language with appropriate associated sentences in the Criminal Code to protect the practice of faith in this country.

It is ironic because the government talks a good game a lot of the time when it comes to fighting hate. When it comes to motions or statements around these kinds of issues, the government always seems to be ready.

We had considerable debate in the House on Motion No. 103 on the question of “Islamophobia”. All of us in the House should read that it is important for us to take a strong stand against, in this case, anti-Muslim violence or hatred, and that it is important for us to take a strong stand against those who express bigotry against any community. However, we wanted the government to provide a definition of what it meant by “Islamophobia”, and it refused to do that. Unfortunately, the House was not able to come together in a way that might have been desirable to send a clear unified statement on that issue.

Despite the specific language of Motion No. 103 speaking of the need to “quell the increasing public climate of hate and fear”, the government's actions with respect to section 176, an actual section of the Criminal Code that provides real legal protection for those practising their faith, show that in so many cases, it is only interested in the statement and not the substance.

For faith communities and leaders across the board who wonder what substantive protections exist, they should look to and expect the government to underline the importance of section 176, not to be weakening its application as we are seeing.

Criminal CodeGovernment Orders

December 10th, 2018 / 4:15 p.m.


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Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Mr. Speaker, I thank my colleague for his question. He is right. It does send a strange message. On the one hand, they want to clarify a situation, but on the other, they make it impossible to clarify.

I have always advocated for victims of crime. What bothers me the most about Bill C-51 is that it mentions the Charter of Rights and Freedoms a lot but does not mention the Victims Bill of Rights at all, even though it is supposed to help victims. Plus, the Victims Bill of Rights takes precedence over the Charter of Rights and Freedoms.

Unlike their attackers, victims of crime get life sentences. In many cases, there is no minimum sentence for perpetrators. A judge may hand down a maximum sentence knowing full well that the offender will never serve it in its entirety. Many offenders get out of jail after serving a third of their sentence, and that is what makes victims of crime nervous. Sexual assault and rape are life sentences for victims. We have no idea what those women and young boys go through. Yes, boys can be victims too.

For those people, and as far as I am concerned, Bill C-51 does not go far enough. I would have liked an explanation as to why Bill C-75 was scrapped when it should have been kept. I would also like someone to mention the bill introduced by our former leader, Rona Ambrose, that addressed this problem.

Bill C-51 is a good bill, but there is still more work to be done.

Criminal CodeGovernment Orders

December 10th, 2018 / 4:15 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, the member is right that there are a number of aspects of Bill C-51 that are welcome in clarifying, in some cases, the law around sexual assault.

I think everyone in this House would agree that sexual assault is an extremely serious offence. The lives of those who are victims of sexual assault are forever changed. It is why I have to say I am very disturbed that, on the one hand, there are some positive aspects to Bill C-51 but, on the other hand, the government would turn around in Bill C-75 and hybridize the offence of administering a date-rape drug. The government is actually reclassifying that offence from what is now a solely indictable offence, the most serious type of offence in the Criminal Code, to an offence that could be prosecutable by way of summary conviction.

I was wondering if my hon. colleague could comment on what kind of a message it sends to water down sentencing for administering a date-rape drug. I would submit it sends exactly the wrong message.

Criminal CodeGovernment Orders

December 10th, 2018 / 3:30 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I will agree with my colleague from St. Albert—Edmonton. It is a real head-scratcher.

He recalled a few hours ago that when Bill C-32 was introduced, the government made much fanfare. There was a huge press conference in the foyer of the House of Commons. A number of stakeholders were behind the minister. It made headlines across the country. That bill still remains in purgatory.

It was then rolled into Bill C-39, and we had hope that this was moment we would be moving forward with the much-needed amendments to the Criminal. However, again, that bill remains in purgatory at first reading.

Finally, Bill C-39 was rolled into Bill C-75. The House of Commons has only just passed that bill and sent it to the Senate.

Here we are more than three years into the government's mandate and we have only just sent that package of Criminal Code reforms to the Senate. Who knows how long it will take in the other place, given how massive that bill is, how many debates will be needed in the Senate and how many stakeholders will appear before the legal and constitutional affairs committee.

For a government that came to power with such a huge and ambitious mandate to reform our criminal justice system, the evidence of its legislative progress has been very lacking. I would agree with my colleague that the government's management of time in the House could certainly use a few lessons.

Consideration of Senate AmendmentsCriminal CodeGovernment Orders

December 10th, 2018 / 1:55 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, with respect, I will have to disagree with my colleague. Yes, I agree there are some very substantive provisions in Bill C-75 and Bill C-51 which we do support. The problem is that in Bill C-75, the government rolled in those changes with other more contentious issues and therefore has forced the legislation down to a snail's pace where it now has been sent to the Senate.

Three years into the Liberal government's mandate, when we look at its accomplishments at cleaning up the Criminal Code, so far nothing has been done. The zombie provisions of the Criminal Code are still on the books. The Criminal Code is reprinted every single year. The 2016 edition, 2017 edition and 2018 edition all contain those mistakes. If I am going to look at the government's performance based on its amendments to the Criminal Code, I am sorry but it is a failing grade.

Consideration of Senate AmendmentsCriminal CodeGovernment Orders

December 10th, 2018 / 1:35 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I am very happy to be participating in today's debate on Bill C-51. I find it unfortunate, however, that the government has again had to resort to time allocation on a justice bill. The bill passed the House of Commons. I was certainly one of the members who voted in favour of it. However, I find myself in the awkward position of actually agreeing with what the Senate has done to the bill, because it very much mirrors the attempt I made at the justice committee last year to codify the nature of consent and provide a bit more definition in the Criminal Code.

Before I get to the Senate amendments more specifically, I want to talk more generally about the government's record on justice bills. While I do have a great deal of respect for the Minister of Justice and I very much agreed at the start of the government's mandate with what she was attempting to do, the pace of legislative change from the Minister of Justice has been anything but satisfactory. We started off with Bill C-14. It received a lot of attention and debate in Canada, as it should have, but we have to remember that the only reason the government moved ahead with Bill C-14 and we passed it in 2016 was that the government was operating under a Supreme Court imposed deadline. There was really no choice in the matter. Furthermore, when Bill C-14 was passed, we very nearly had a standoff with the Senate because of the provision in the bill about reasonable death occurring in a predetermined amount of time. We knew that that particular section would be challenged in the court system.

The other substantive piece of legislation the government has passed is Bill C-46, which was designed to move in conjunction with Bill C-45. Of course, Bill C-46 was problematic because the government has now removed the need for reasonable suspicion for police officers to administer a Breathalyzer test. They can basically do it whenever a person is legally stopped, whether it be for a broken tail light or for not stopping completely at a stop sign. If an officer has a Breathalyzer test on their person, they can demand a breath sample right then and there, without the need for reasonable suspicion. I have seen mandatory alcohol screening operate in other countries, notably Australia.

In my attempt to amend that bill, I stated that if we were going to apply such a draconian measure, it should be applied equally, because if we start giving police officers the ability to decide when or where to test someone, we know from the statistics, notably from the City of Toronto, that people of a certain skin colour are more apt to be stopped by the police than others. If such a provision were to be implemented, it should be applied equally at all times.

Moving on, there is Bill C-28, which deals with the victim surcharge, but is still languishing in purgatory at first reading.

The government then moved forward with a number of cleanups of the Criminal Code, the so-called zombie or inoperative provisions and the many redundant sections of the Criminal Code. That is the thing about the Criminal Code: It is littered with out-of-date provisions that are inoperable because of Supreme Court or appellate court rulings, but they are still faithfully reprinted every single year because Parliament has not done its work to clean up the Criminal Code. As my college the member for St. Albert—Edmonton has noted, it has led to some very bad consequences, notably in the Travis Vader case, where the judge used an inoperative section of the Criminal Code to convict someone. That conviction was then overturned. So these section do have very real consequences.

My contention has always been with section 159, which was brought forward in Bill C-32. Bill C-32 was then swallowed up by Bill C-39. Then Bill C-39 was swallowed up by Bill C-75, which has only just passed the House and now has to clear the Senate. We have no idea how much longer that is going to take. The House is about to rise for the Christmas break. We will be back functioning at the end of January, but Bill C-75 is a gigantic omnibus bill and full of provisions that make it a very contentious bill.

My argument has always been that for such an ambitious legislative agenda, especially if we are going to clean up the Criminal Code as Bill C-51 proposes to do, I contend that the Minister of Justice, had she had a good strategy in dealing with the parliamentary timetable and calendar and how this place actually works, would have bundled up the non-contentious issues in Bill C-39 and Bill C-32, which was morphed into Bill C-75, together with the non-contentious issues of Bill C-51 and made it a stand-alone bill, and we could have done that work.

These are issues that we cannot really argue against because it is a moot point; the Supreme Court has already ruled, so keeping them in the Criminal Code just leads to further confusion. Here we are, three years into the government's mandate, and the Criminal Code has still not been cleaned up to this day. For an ambitious legislative agenda, that leaves a lot to be desired. I heard Michael Spratt, who regularly appears as a witness before the justice committee, describe Bill C-51 as dealing with the lowest of the low-hanging fruit. Therefore, if we had been serious, we could have made some very reasonable progress on that. Be that as it may, we have Bill C-51 before us and we have to go over it.

Before I get into the specific amendments brought forward by the Senate, I think it is worth going over some of the things we are talking about. Among the things Bill C-51 would repeal is the offence of challenging someone to a duel. It used to be illegal to provoke someone to fight a duel or to accept the challenge. We will get rid of that section because it obviously reflects an earlier time in Canada's history. It is the reason why in this place we are two sword lengths apart. Members of parliament in the U.K. used to go into that place with swords on their hips. The bill would also get rid of section 143 dealing with advertizing a reward for the return of stolen property. It would get rid of section 163, dealing with the possession of crime comics, a legacy of a 1948 bill by a member who thought that crime comics negatively influenced kids by encouraging them to commit crimes, and that they were not a part of a good upbringing. The section on blasphemous libel would be dropped. Fraudulently pretending to practise witchcraft is probably one of my favourite ones.

While Bill C-51 is making some much needed changes to sections of the Criminal Code, as I said earlier, we would not be arguing these cases in the House three years into the mandate of the current government if the bills had been bundled up into a single bill, which I am sure could have had royal assent by now.

We did have a very interesting discussion at the justice committee on section 176. When I first read Bill C-51 and it mentioned that this section would be repealed, I read right over it. However, when hearing witnesses at committee, it became quite apparent that section 176 had a lot of very deep meaning to select religious groups. After hearing all of that testimony about the importance of having section 176 remain in the code, I am glad to see that the committee members were able to work together to polish the language to ensure that it would now be applicable to all religious faiths, and not just single out the Christian faith. Now, if someone were to interrupt the religious proceedings of any faith, that would be dealt with appropriately under section 176.

The heart of the matter before us is the Senate amendments to Bill C-51. As I mentioned, it is kind of awkward for a New Democrat to be recognizing the work of the Senate. I value the people who sit as senators. I know there are some very determined people who certainly try to do their best there. My problem has always been with a 21st century democracy like Canada having an unelected and unaccountable upper house. I have to face the electorate for the decisions I make and the words I say in this place, and for what the Senate as a whole does.

I am going to be rejecting the government's motion on Bill C-51, because I agree with the substance of what the Senate was attempting to do in Bill C-51. It very much reflects some of the testimony that I heard at committee, and I have also reviewed some of the Senate Hansard transcripts of the debates it had on Bill C-51. While it is true that the amendments were not passed at the legal and constitutional affairs committee of the Senate, they were passed at the third reading stage. When we see the transcripts, we can see that the hon. senators in the other place were trying to codify what they saw as some missing aspects of the bill.

If we look at the heart of the matter, it comes down to the Supreme Court decision in R. v. J.A. The Supreme Court ruling reads:

When the complainant loses consciousness, she loses the ability to either oppose or consent to the sexual activity that occurs. Finding that such a person is consenting would effectively negate the right of the complainant to change her mind at any point in the sexual encounter.

In some situations, the concept of consent Parliament has adopted may seem unrealistic. However, it would be inappropriate for this Court to carve out exceptions to the concept of consent when doing so would undermine Parliament’s choice. This concept of consent produces just results in the vast majority of cases and has proved to be of great value in combating stereotypes that have historically existed. In the absence of a constitutional challenge, the appropriate body to alter the law on consent in relation to sexual assault is Parliament, should it deem this necessary.

The court in a sense is recognizing the very important part that Parliament plays in this. One thing I have learned during my time as our party's justice critic is that, in looking at the Criminal Code, ultimately, we in this place are responsible for drafting and implementing the law and it comes down to the courts to interpret it. There is this kind of back and forth. When the justice aspect of the government and the parliamentary part of it work in tandem like that, we hopefully arrive at a place where the law is reflective of today's society.

However, it is not only the J.A. decision that we should be looking at. On October 30, which coincidentally was the very same day that the Senate sent the bill back to the House, there was a decision in the Alberta Court of Appeal, R. v. W.L.S. In that particular case, an acquittal on sexual assault charges was overturned by the Court of Appeal. The Court of Appeal acknowledged in its decision that the complainant was incapable of consenting.

Senator Kim Pate provided us with a message. She said:

In regard to our discussions concerning Bill C-51, I write to draw your attention to the recent case of the Alberta Court of Appeal, concerning the law of incapacity to consent to sexual activity. Please find a copy of this case attached.

The Alberta Court of Appeal heard this case on October 30, the same day the Senate passed the amendments to Bill C-51. The court overturned the trial decision on the grounds that the trial judge had wrongly held that nothing short of unconsciousness was sufficient to establish incapacity. While this erroneous understanding of the law was rectified on appeal in this case, as we know, the vast majority of cases are never appealed. The trial judge's decision demonstrates the very error, fed by harmful stereotypes about victims of sexual assault, that many of us are concerned the original words of Bill C-51 risks encouraging.

Senator Kim Pate is basically acknowledging that there is a role for Parliament to play in providing a more explicit definition of consent, what it means and when consent is not given. While I am certainly one of those people who trusts in the power and ability of judges to make decisions, the judicial discretion, I align that thinking more with the decisions that they make and not in the interpretation of the Criminal Code. There is room in some parts of the Criminal Code to be very specific so that there is no judicial discretion, and that we are very clear on what consent means and what it does not mean.

Turning to the actual Senate amendments, they would be adding specificity in both clause 10 and clause 19. Basically, those particular aspects want to ensure:

(b) the complainant is incapable of consenting to the activity in question for any reason, including, but not limited to, the fact that they are

(i) unable to understand the nature, circumstances, risks and consequences of the sexual activity in question,

(ii) unable to understand that they have the choice to engage in the sexual activity in question or not, or

(iii) unable to affirmatively express agreement to the sexual activity in question by words or by active conduct;

Adding this kind of specificity to the Criminal Code is very much a good thing. In paragraph (b), it says “including, but not limited to”. I think adding that kind of specificity will help with certain cases. From the very interesting Senate deliberations on this subject at third reading, we can see that senators were not very happy with how Bill C-51 left a bit of a hole.

We have made much of the witness testimony at the Standing Committee on Justice and Human Rights. Professor Janine Benedet did look at this particular aspect of the Criminal Code. As I said in my exchange with the member for Mount Royal, one thing she stated was:

Any clarification we can give will be beneficial. It doesn't have to be an exhaustive list, but there has to be the idea that consent has to be informed, that you have to have the ability to understand that you can refuse—because some individuals with intellectual disabilities do not know they can say no to sexual activity—and that it has to be your actual agreement. Those are all things that can be read into the code as it's currently written, but sometimes are not fully realized in the cases we see.

Adding that specific part would be very much in line with what Professor Benedet was saying at the committee. That is why I will be rejecting the government's motion and voting in favour of the Senate amendments.

Turning to the Senate deliberations on this bill, in some of that debate it was said that R. v. J.A. outlines the requirement for active consent. However, the Senate very much found that without the specific amendment by Senator Pate to Bill C-51, we would have failed to capture the scope of consent laid out for us by the Supreme Court, supported by experts in the law of sexual assault in Canada.

Feminist experts in sexual assault law have advised that the inclusion of the word “unconscious” risks creating a false threshold for the capacity to consent. There were also deliberations that the current wording in Bill C-51 poses a serious risk that women who are intoxicated would be blamed if they are sexually assaulted. They would not be protected by this bill.

Further, some have noted that the weakness is in the definition of what constitutes non-consent. According to a legal expert who provides sexual consent training to judges, there is not enough precedent or awareness among judges to believe that the proposed wording in clause 10 and clause 19 of the bill is clear enough.

I see my time is running out, but I will end with some of the really scary statistics we face as a country. Statistics Canada estimates that some 636,000 self-reported sexual assaults took place in Canada in 2014. Shockingly, it also estimates that as few as one in 20 were actually reported to police. Those are statistics which should give us great pause and lead us to ask ourselves what more we could be doing. The Senate amendments are very much in faith with trying to keep that.

I would also note that this is probably one of the last opportunities I will have to rise in this particular chamber to give a speech. I want to acknowledge the history of this place and what an honour it has been for me, in my short three years here, to have served in this House of Commons chamber. I know we will be going forward to West Block, and an admirable job has been done there.

I finish by wishing all my colleagues a merry Christmas. I hope they have a fantastic holiday season with friends and family, and that we come back in 2019 refreshed and ready to do our work on behalf of Canadians.

Bill C-51—Time Allocation MotionCriminal CodeGovernment Orders

December 10th, 2018 / 12:25 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, again to the question and comments of my colleague across the way with respect to section 159 and the legislation that has now been put into Bill C-75, removing this provision in the Criminal Code is a priority of our government, as are all of the provisions contained within Bill C-75. I am very pleased that Bill C-75 has passed third reading in this House and will be debated and discussed in the other place. I look forward to the results of the deliberations from the other place.

I would say that we are committed to ensuring that Bill C-75 moves through the parliamentary process, benefits from the parliamentary process and becomes law as soon as possible. From what I can account for from the member's comments is that there are major pieces within Bill C-75, if not the entirety of Bill C-75, that are in the interest of moving forward and amending the Criminal Code and addressing the issues that have been raised by members in this place.

Bill C-51—Time Allocation MotionCriminal CodeGovernment Orders

December 10th, 2018 / 12:20 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I believe I understand the member's question. With respect to section 176, he characterized it as backing down, but what we did is we listened to what the committee members sought to say around religious officiants and we recognized the recommendation in terms of the amendments that the House of Commons Standing Committee on Justice and Human Rights made and acknowledged that and accepted that. We did make some amendments to ensure that this reflected all religious officiants as opposed to the confined way it was drafted in terms of the amendments that were proposed at the House committee. Basically the answer is that we listened to what the House of Commons committee said. That is the importance of committees in this place that we take incredibly seriously.

In terms of hybridization of offences, we are proposing in Bill C-75, which is not the bill at issue here today, a number of offences to be hybridized, to contribute to the broad and bold criminal justice reforms that will address delays, efficiencies and effectiveness in the criminal justice system. By hybridizing certain offences, it gives prosecutors the ability to exercise their discretion and proceed in terms of criminal charges in the most expeditious manner as appropriate to the circumstances of a particular case.

Bill C-51—Time Allocation MotionCriminal CodeGovernment Orders

December 10th, 2018 / 12:20 p.m.


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Conservative

Jim Eglinski Conservative Yellowhead, AB

Madam Speaker, I was appalled when I heard that the Liberal government was trying to remove section 176 of the Criminal Code. This is the only section of the Criminal Code that can directly protect the rights of individuals to freely practise their religion, whatever that religion might be. It was recently used in a case on June 9, 2017 here in Ottawa.

Why did the Liberals back down on removing section 176? Was it due to public backlash and they did not properly investigate this? Why are they not trying to hybridize this under Bill C-75?

Bill C-51—Time Allocation MotionCriminal CodeGovernment Orders

December 10th, 2018 / 12:15 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, in terms of reintroducing the Criminal Code, I am incredibly proud to be part of a government that has taken action, which has not been taken for decades, as the member mentioned, to ensure that we have a modernized Criminal Code, that we remove the unconstitutional provisions, the zombie provisions, that we update the laws around sexual assault and intimate partner violence and that we look at the victim fine surcharge as well as section 159. All of these are issues raised in government bills the member opposite has spoken to.

We are moving forward with comprehensive reform of the criminal justice system, and that starts with looking, in a substantial manner, at the Criminal Code. This is what we have sought to do and what is contained in Bill C-51 and also in Bill C-75.

I look forward these two pieces of proposed legislation becoming law so that we can do what has not been done for far too long, which is modernize the Criminal Code.

Bill C-51—Time Allocation MotionCriminal CodeGovernment Orders

December 10th, 2018 / 12:15 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I am not satisfied with the minister's previous response to my question. We can look at the legislative track record of the Minister of Justice, starting with Bill C-28, the victim surcharge bill, which was rolled into Bill C-75. We had Bill C-32, which was rolled into Bill C-39, which was then rolled into Bill C-75, and now we have Bill C-51.

I talked about tactics. Time allocation is a tactic. It would have been an unnecessary one if we could have dealt with the substantive provisions in all those bills, but instead, the government's strategy was to basically string us along with the introduction of these justice bills that would clean up the inoperative provisions of the Criminal Code and then leave them in some kind of purgatory stuck at first reading.

When the Minister of Justice took office, everyone knew that there were zombie provisions in the Criminal Code that had to be cleaned up. This has been a topic of discussion for decades, and every year, the Criminal Code is faithfully reproduced with all of these mistakes.

Again, why did the Minister of Justice, in 2016, the first year of her mandate, not take the provisions in Bill C-32 and Bill C-39 and elements of Bill C-51 and package them in one bill? We could have had that passed, done and dusted by now, but instead, they were rolled up with contentious provisions, and they are still being debated. Bill C-75 has only just been sent to the Senate. Who knows how long it is going to take there?

Bill C-51—Time Allocation MotionCriminal CodeGovernment Orders

December 10th, 2018 / 12:05 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I am happy to speak to the comments and questions from my colleague across the way with respect to the then Bill C-39, which is now incorporated in the broad criminal justice reforms contained within Bill C-75.

I am very pleased that Bill C-75 has passed third reading in this place and is in the other place for debate and discussion. We look forward to its deliberations with respect to these very important and bold reforms presented in Bill C-75. I would look to all members in the House to assist in encouraging the members in the other place to proceed in an expeditious fashion so that the provisions the member opposite references will be passed as part of Bill C-75 and we can remove those provisions from the Criminal Code.

Bill C-51—Time Allocation MotionCriminal CodeGovernment Orders

December 10th, 2018 / 12:05 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, my colleague across the way sat on the justice and human rights committee, which has debated many justice bills.

As for the member's characterization of parliamentary tactics, the only parliamentary tactic I employ and that our government employs is to work as co-operatively as we can with all members in the House to have informed debate about particular bills the government puts forward, seeking feedback from hon. members in this place and the other place and valuing the work done at committee.

With respect to all the justice bills that have been advanced, we have been working expeditiously to move forward with Bill C-39, Bill C-51 and Bill C-75 so that we clean up the so-called zombie provisions and the unconstitutional provisions. I would look to all hon. colleagues in this place to work with us to make sure that these pieces of legislation move forward as expeditiously as possible.

Bill C-51—Time Allocation MotionCriminal CodeGovernment Orders

December 10th, 2018 / 12:05 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I have found myself, as a New Democrat, in the awkward position of agreeing with the work the Senate has done. I was one of those who voted in favour of Bill C-51, because I agree with the focus of the bill and the provisions in it. Ultimately, what the Senate has attempted to do reflects very much what I attempted to do at the Standing Committee on Justice and Human Rights.

My issue with the government's approach and its parliamentary tactics comes from the fact that for the various justice bills, Bill C-32, Bill C-39, Bill C-51 and Bill C-75, the Minister of Justice could very well have packaged many of the inoperative provisions of the Criminal Code in Bill C-39 and Bill C-51 in one bill that would have passed through Parliament relatively quickly. Instead, she packaged in some other provisions that have been more contentious, and therefore, has forced the government to use extraordinary measures like time allocation.

With all the evidence from legal experts over the years who have talked about the inoperative provisions of the Criminal Code, why could the Minister of Justice not have packaged the provisions in Bill C-39 and Bill C-51, which would not have had any argument, in one bill? Instead, three years into the government's mandate, we find ourselves still deliberating on these provisions, and nothing has changed.

Criminal CodeGovernment Orders

December 6th, 2018 / 1:20 p.m.


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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, I would like to thank my colleague from London who spoke earlier and all members for their comments on Bill C-51 today.

At the outset, because I have some time today to give a bit of a longer speech, I want to address the fact that I am troubled that in government, the Liberals are doing exactly what they said they would not do when they were in opposition. In fact, this is our second omnibus justice bill.

I know my friend from Winnipeg, the deputy House leader of the Liberal caucus, likes when I quote some of his outrage in the past Parliament about the use of omnibus bills. However, when it comes to justice omnibus bills in particular, I think the need for a lot of these provisions to be considered independently is the best way to go.

Although the bill is certainly not as long as the government's latest budget implementation act, at 850 pages or more, weaving together a variety of unrelated things in the form of one bill, here we have another substantive piece of justice legislation being presented in an omnibus bill.

Breaking it down, there are some good parts and some parts we certainly have some challenges with. I would like to use my opportunity, if I may, to highlight both the good and the bad.

The good is that as a Parliament, we need to show that we can speak with a united voice with respect to zero tolerance for sexual assault and not respecting the consent of an individual in the case of sexual relations of any kind. Therefore, I think it is good that we are having a fulsome discussion on this part of the bill today. In fact, several members have quoted from some of the case law that has led to the need for Parliament to weigh in and be very clear that people cannot provide the consent necessary to engage in sexual activities when they are unconscious. We need to send a clear signal from Parliament. I think the Senate amendments actually take away that clarity somewhat, and I am glad we are having the debate here on proposed section 273.1 in the bill.

The Supreme Court case that drove clarity in this area was very clear. It said that it was not possible for people to provide consent if they were not conscious, even if express consent had been provided ahead of time, when they were conscious. I think Parliament needs to be crystal clear that consent evolves and that there has to be the constant presence of consent and respect. That is what this bill is intended to do. In fact, some of the Senate amendments, which would almost create tests with respect to the standards, confuse the issue. There needs to be a clear signal sent that consent has to be constant. I think that is a signal that, as parliamentarians, we have to send.

I can say, as someone of my generation, that the debate on campuses about no means no and all these sorts of things was not taken seriously in the early 1990s. We are still having debates today about it. An accused will try to suggest that consent was provided sometime earlier. If consent was provided in the context of alcohol or substances, and if someone was unconscious, consent could not be provided.

The Supreme Court was clear. I think Bill C-51 and our updates to the Criminal Code send a very clear message. There is no test to be performed. It is a bright line. Everyone, all Canadians, need to show respect and a commitment to consent in the context of sexual assault cases. It is basic respect. We are in the era of the #MeToo movement and discussions about unsafe workplaces. All these things have been positive in making sure that one has a positive obligation, with respect to one's relations with someone else, to make sure that there is always consent present. I think that is clear.

I am also glad that a number of speakers from several parties have referenced Bill C-337, the bill of the former interim Conservative leader, Rona Ambrose, on judicial training in the context of sexual assault trials. The bench comprises a cross-section of society, and those attitudes need education to make sure that judicial standards adhere to the expectations we have as a society of respecting consent.

We know, in Ms. Ambrose's home province of Alberta, the case of Justice Camp, where attitudes toward a victim by the bench showed just how disconnected some may be. The vast majority of the bench would be explicitly mindful of the complainant in those cases, but we have seen cases in recent years that show that judicial training with respect to consent, in the context of sexual assault trials, is needed, as is education for all members of the bar.

As a member of the bar, I am glad that a few years ago, law societies across the country incorporated continuing legal education requirements for lawyers to make sure that they are aware of expectations with respect to consent and the law. The very fact that there would be some reluctance to have same continual legal education for judges in the context of sexual assault cases is troubling. I know that most justices demand that level of CLE, so I hope that the government, in the context of my starting off my speech by talking about some of the positive elements of Bill C-51, pushes Bill C-337 through. It should not matter that it came from a former Conservative member of Parliament, Rona Ambrose. It should not matter that it came from this side of the chamber if it addresses the same elements I am saying I support in Bill C-51 today. Let us hope there is some movement in the Senate so that in the spring, we can ensure that it is an expectation that all members of the bench have that training so they can guarantee an environment of respect for all complainants who come forward.

The provisions in proposed section 273.1 also show that Parliament is clear in its direction with respect to consent always being a requirement, and if there is any uncertainty, we err on the side of complainants. Everyone should know that if circumstances change, be they the context, consciousness, alcohol or these sort of things, prior consent is not sufficient. We have to be crystal clear on that.

This is also similar to Bill C-75, an omnibus justice bill, which I have spoken to in Parliament. I have also spoken to Bill C-77, on modernizing criminal justice within the context of the National Defence Act. I supported a number of measures in that bill. In fact, the previous government introduced Bill C-71 in the last Parliament to try to update the National Defence Act and the treatment of criminal conduct by members of the Canadian Armed Forces. That is still in a state of flux. All these bills, particularly because they deal with the rights of the accused and the rights of the victims or complainants in these cases, should be given specific attention and not be put into omnibus bills.

I would like to speak for a moment about the fact that this bill is part of the process of requiring a charter statement from the government with respect to legislation before the House of Commons. I have some concerns about that approach, in two ways. First, I am worried that it may send some sort of chill to suggest that the government is trying to inoculate itself by saying that it reviewed the bill ahead of time and has a charter opinion on it, meaning, therefore, that we cannot raise charter concerns or that there is no reasonable basis to have concerns about its validity under the charter by groups that may be impacted by the decision of this Parliament.

The very nature of the charter itself was to give a back and forth test with respect to the will of Parliament, and the ability for the court to determine whether fundamental charter rights were breached directly or indirectly by legislation in the context of enumerated groups under section 15 of the charter, are expressly contained within the charter, or are analogous ground groups, provided by subsequent court decisions.

The balancing test under section 1 of the charter, the Oakes test, which I learned in law school and is some of the first charter jurisprudence, is that balancing of the charter. By issuing a charter statement, I am quite concerned the government is trying to suggest it is doing its own Oakes test, its own charter examination of issues at the time it is passing legislation. I am not suggesting it will cause chill, but I have not have heard an argument from a member of the government bench to suggest this is any different than any government since the mid-1980s, when the charter came into effect.

Suggesting that the seal of approval for the charter is granted by one of these statements is simply ridiculous. It is up to the court to provide that reasonableness and those limitation tests under the provision of section 1 of the charter, which allows a charter right to be violated by legislation, but applies a reasonableness and balancing test to it since the Oakes jurisprudence started.

I will give a couple of examples of why I have this concern. In this Parliament, we have seen many instances of the government acting in a way I firmly believe violates the charter rights of many Canadians. This is germane because just today, shortly before we rise for Christmas, the government is reversing its position on the so-called values screen for Canada summer jobs.

We all know the controversial values test was applied for the first time in the history of this summer employment plan for youth as a clear way the government intended to exclude faith-based organizations and other service organizations from funding related to students. There were concerns from a charter basis expressed from day one when it came to the values test. Is the government suggesting, with its charter statements, that its actions on a whole range of decisions are somehow inoculated because it is providing a charter assessment? That is political theatre. It cannot provide its own charter assessment. It tries to craft legislation that it feels strikes the right balance, but the actual charter determination is not made in this chamber, which writes the laws, but in other courts.

We bow to the Speaker. We have a bar. This is a court. We write the laws, but we do not adjudicate our own laws. This is a very big distinction I have not heard the government express any clear indication on yet.

I will use another example. There have been several violations, in my view, of indigenous peoples' rights with respect to the duty to consult. In fact, I believe Bill C-69 violates that duty. We can look at the approach the government has taken on the cancellation of the northern gateway pipeline, which is one-third owned by indigenous groups. The duty to consult is not frozen in time. It does not exist 10 years before one develops a pipeline or cuts trees in a forest. If one decides to change the circumstances of that consultation, or cancel something that indigenous peoples are a one-third owner of, one has a duty to consult them on the cancellation. This is an ongoing duty.

The fact that the government may have a piece of paper that says this is our charter statement, this is our validation that the bill conforms with the charter, is political and inappropriate, because the government is suggesting this legislation will withstand any judicial scrutiny before the judicial scrutiny is applied. The government is suggesting that this is A-okay. That is not the way it works.

I invite the Minister of Justice and Attorney General and the parliamentary secretary to walk a little past the Confederation Building on the Hill to a building called the Supreme Court of Canada. It is there that the Oakes test was born, the Oakes test where the section 1 charter clause was.

As I have said, the values test that the government did to politicize the Canada summer jobs program would not be inoculated because of a government-produced charter statement nor would some of its actions with respect to Bill C-69, Bill C-75, Bill C-77. These are court determinations.

I do not have any proof because the charter statement concept is part of the government's justice reforms, including in this legislation, but I do have serious concerns that it will send a chill to suggest that the government will not consider valid concerns people have with respect to their charter rights.

I would like subsequent members of the Liberal caucus, particularly the ministers or the parliamentary secretaries, to provide a substantive rationale for their approach with respect to the charter statements. Are they somehow suggesting that previous governments, both Conservative and Liberal, have somehow not conformed to the charter by doing exactly what we are supposed to do as a Parliament, which is to try and find the right balance between the will of the people and certain provisions within the charter? That is done by a court using the Oakes test, doing the balancing. Producing a charter statement does not protect the government from criticism.

As I said today, days before Christmas, the government suddenly admits that its approach on the values test for summer jobs is wrong. This is much like days before Christmas last year, when it broke its promise to veterans on the return to the Pension Act. The Liberals make very good use of the pre-Christmas period not just for parties, but for dumping out their dirty laundry.

I would like to thank the thousands of Canadians from across the country and many of my colleagues in this chamber for representing the charter rights of millions of Canadians with respect to the conduct of the Canada summer jobs program.

Why I am focusing on this part of the bill is because we have to make sure that Canadians, members of the media and members of both Houses of Parliament do not get fooled by the fact that the government validating its own legislation under the guise of charter approval is not actually charter approval.

I am hoping in the remaining debate we can actually hear a cogent argument from the Liberal caucus on this. Otherwise, it seems to be more of the sort of media spin that we hear from the government.

The Prime Minister just yesterday, while leaning on his desk acting like a professor, told the opposition what we should ask and what we should criticize. We know full well what we should ask and we know where our criticisms and critiques are warranted.

Quietly, when the House does not sit, the Liberals backtrack on things, like they did today on the summer jobs values test, like when we rose for Remembrance week, and Miss McClintic, another justice consideration, was quietly transferred to a prison as we had been demanding, and as the break week happened Statistics Canada suddenly pulled back its program.

Like the Chris Garnier criticism, the non-veteran murderer who is receiving treatment funds from Veterans Affairs Canada, on most of the criticisms we have been raising even though they make the Prime Minister uncomfortable, the Liberals have backtracked. We have been doing our job quite effectively.

In the remaining time for debate, I would like one of the Liberal members to stand up and provide a context and a rationale addressing my concerns in regard to charter statements with respect to the bill before us and others.

As I said at the outset, we support the amendments and update of our Criminal Code with respect to sexual assault.

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December 6th, 2018 / 1:15 p.m.


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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I also want to say that right now, we have an outstanding bill sitting in the Senate, Bill C-377, put forward by the hon. Rona Ambrose. It is an opportunity for our justices to actually be engaged and trained on sexual assault. The government has not pushed that item whatsoever. Regardless of whether the government has put in more or fewer justices, they are not being trained properly. Bill C-377 has been sitting there for the last year and a half. The government could be doing better, especially in working with Senate colleagues, if it is serious about making sure that people alleged to have committed sexual assaults are actually convicted and go to jail. We need to have that sensitivity and empathetic understanding of what is going on for the victims of this crime.

As for Bill C-75, seeing that it is a hybrid bill, I cannot support what the government has done with regard to reducing sentences and convictions when it comes to those people who have victimized someone through sexual assault.

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December 6th, 2018 / 1:10 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I appreciate the contributions of the member opposite to this important debate today, particularly on December 6, the 29th anniversary of the Montreal massacre.

My questions for the member opposite are twofold. First, she outlined the important issue of consent in sexual assault and how the statistics demonstrate that it remains an ongoing problem in Canada today. Part of what we are doing is improving education, sensitivity and outreach to all the actors in the judicial system. That includes training for lawyers and judges.

Would the member agree that the record of our government in appointing judges, 56% of whom are women, is a step in the right direction and compares favourably with the record of the previous government, which appointed only 30% women?

Second, she raised Bill C-75 and its relationship to this piece of legislation we are discussing. Bill C-75 includes an important provision to eliminate preliminary inquiries in sexual assault trials so that victims do not have to be revictimized by proceeding through a preliminary inquiry and having to testify again at the actual trial on the merits. Is that a step in the right direction in addressing the trauma sexual assault victims face, which was outlined by the member opposite?

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December 6th, 2018 / 1:05 p.m.


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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I would like to thank the member for St. Albert—Edmonton for leading our Conservative caucus, the House and all Canadians through this legislative process to make the Canadian Criminal Code better.

This opportunity has provided me a chance to read, research and develop a much better understanding of the Criminal Code and its importance to all Canadians. I have read that one of the conveniences of the code is that it constitutes the principle that no person can be convicted of a crime unless otherwise specifically outlined and stated in a statute.

Today, we are discussing section 273.1 of the Criminal Code, which the bill would amend to clarify that an unconscious person is incapable of consenting. This reflects the Supreme Court decision in R. v. J.A. in 2011. The bill would also amend section 273.2 to clarify that the defence of mistaken belief in consent is not available if the mistake is based on a mistake of law, for example, if the accused believed that the complainant's failure to resist or protest meant that the complainant consented. This provision would codify aspects of the Supreme Court of Canada's decision in R. v. Ewanchuk in 1999.

Currently, the Criminal Code of Canada states that no consent is obtained where “the complainant is incapable of consenting”. Bill C-51, in subclauses 10(2) and 19(2), would amend this to clarify that unconsciousness is not the only situation in which an individual could lack capacity to give consent to sexual activity.

As indicated in the legislative summary of the bill, the amendment takes into account the Supreme Court judgment that was made in R. v. J.A., requiring active consent throughout every phase of the sexual activity. This is important to note, as this amendment would protect Canadian men and women against sexual exploitation.

I will relate a news story we heard back in 2017. When we were going through the bill put forward by our former colleague, Rona Ambrose, we talked about sexual consent and unconsciousness, and about judges being trained to understand sexual exploitation and assault.

This newspaper story told of a Nova Scotia judge who acquitted a Halifax taxi driver of raping a female fare. She was found unconscious in the back of his cab, partially naked and having urinated on herself. The woman, whose blood alcohol level was found to be three times the legal limit, had hailed the cab just 11 minutes earlier. The Crown has announced it will appeal Justice Gregory Lenehan's verdict, in part over concerns the judge did not properly apply the test for capacity to consent.

The proposed legislation also focuses on a Supreme Court case in 2011. It was very interesting to read the original case in the Court of Appeal in Ontario, and the appeal in the Supreme Court of Canada.

The case before the Supreme Court of Canada was Her Majesty The Queen appellant, and J.A. respondent, and Attorney General of Canada and Women's Legal Education and Action Fund on appeal from the Court of Appeal for Ontario. It reads:

Criminal law—Sexual assault—Consent—Accused and complainant consensually engaging in erotic asphyxiation—Accused...penetrating complainant during period of unconsciousness—Whether Criminal Code defines consent as requiring conscious, operating mind throughout sexual activity—Whether consent to sexual activity may be given prior to period of unconsciousness

For anyone who has a daughter or son, we want to make sure the laws are there to help and protect Canadians.

While I was going through the information regarding the Supreme Court decision, I read some of the background to the decision. I would like to put it on the record. This is from the Supreme Court ruling:

One evening, in the course of sexual relations, J.A. placed his hands around the throat of his long-term partner K.D. and choked her until she was unconscious. At trial, K.D. estimated that she was unconscious for “less than three minutes”. She testified that she consented to J.A. choking her, and understood that she might lose consciousness. She stated that she and J.A. had experimented with erotic asphyxiation, and that she had lost consciousness before. When K.D. regained consciousness, her hands were tied behind her back, and J.A. was inserting—

I will omit the details here, but suffice it to say that it was something a person should have a choice in, and it was not an act the complainant was prepared for. K.D. gave conflicting testimony about whether this was the first time J.A. had performed this act. Ten seconds after K.D. regained consciousness, J.A. ceased doing what he had been doing.

At the end of the day, we have to look at this and understand why there is an issue here. K.D. made a complaint to the police two months later and stated that while she had consented to the choking, she had not consented to the sexual activity that had occurred.

Chief Justice McLachlin and Justices Deschamps, Abella, Charron, Rothstein and Cromwell ruled, “The legislation requires ongoing, conscious consent to ensure that women and men are not the victims of sexual exploitation, and to ensure that individuals engaging in sexual activity are capable of asking their partners to stop at any point.”

Sharing the background to the Supreme Court's decision and the story of the woman in Nova Scotia provides a great illustration of the challenges and the need for changes to the Criminal Code. With regard to the amendments proposed by the Senate, I support our party's position and the government's decision not to accept these amendments.

This is a very complex issue. The complexity can be seen from Statistics Canada figures from 2009-14. In that period of time, 93,501 sexual assault incidents were reported to the police. Charges were laid in 43% of those, or 40,490 incidents; 49% or 19,806 incidents went to court, and 15,804 cases were completed in court, of which 55% or 8,742 resulted in guilty decisions. Of those, the number of adult cases sentenced to custody was 3,846, or 56%.

I want to look at the first number, the gross number, and the fact that over 93,000 sexual assaults occurred from 2009-15. Many of us would say that is extraordinary. If we think of the population of Canada and the fact that almost 100,000 Canadians have been sexually assaulted in that five-year period, we would be in total awe.

Sexual assault is a problem here in Canada. It is a very complex problem, and there are many key factors that must be assessed. One of the most critical ones, I believe, is consent. According to Planned Parenthood, sexual consent is an agreement to participate in a sexual activity. It states:

Consent is never implied by things like your past behavior, what you wear, or where you go. Sexual consent is always clearly communicated—there should be no question or mystery. Silence is not consent. And it's not just important the first time you're with someone. Couples who've had sex before or even ones who've been together for a long time also need to consent before sex—every time.

This past summer, I had the opportunity to listen to members of the community at the 519 Centre in Toronto, where I spoke to Glen Canning, the father of Rehtaeh Parsons. Although Rehtaeh is no longer with us, Glen advocates for education focusing on sexual consent. In a blog, he writes:

My years without Rehtaeh taught me that kids need to know consent. In the past three years l've learned that the most powerful tool to combat violence against women could very well be the minds of young men. l've learned that if we don't fill those minds with examples of virtue, empathy, affection, tolerance, trust, kindness, courage, and bravery, then those minds will end up being filled with ignorance, racism, sexism, hate, and anger. What would have happened to Rehtaeh Parsons if just one of the boys with her that night was informed about consent and his role in preventing sexual violence?

In summary, I am very glad that we are moving forward and reviewing the information in the Criminal Code, specifically when it comes to consent. This is an area where, as I indicated, a look at the statistics shows we can do better and we must do better. We cannot just be virtue signalling. We cannot just talk about what we should not do, yet do it in the privacy of our homes, or not own up to things we did years ago.

At the same time, as other members have indicated, a lot of the information and a lot of the things we are studying are in conflict with what we see in Bill C-75, specifically with regard to the sexual exploitation of women.

It is wonderful to go ahead with consent, expanding it and having a better understanding to make sure more people are convicted of sexual assault when necessary. However, when it comes to Bill C-75, a slap on the wrist is not enough.

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December 6th, 2018 / 1 p.m.


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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Mr. Speaker, I want to go back to the beginning of this. When this bill was originally brought forward, there was an outcry regarding the measures being taken to minimize the offence of disrupting a service of worship, from which clergy are protected under section 176. We saw it on every social media out there. Twitter, Facebook and all of them were going crazy about the current government coming forward with those measures to repeal section 176. Thousands of people protested that it was wrong, and to the Liberals' credit they appeared to have backed down.

However, my point is that the Liberals backed down on this bill, yes, but then they turned around and put similar wording into Bill C-75, which as we know is now going to the Senate. Therefore, the Liberals hybridized section 176, turning much of it into a summary conviction with a lesser charge.

We live in a time when we recognize religious freedom. That means that as a Christian, I nevertheless expect that in every type of worship service, be it Jewish, Muslim, name the religion, people have the opportunity to worship whom they wish and how they wish. As long as it does not impede anybody else, they have the ability to do that. Lessening the offence of being able to come in and disrupt that service sends the wrong message.

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December 6th, 2018 / 12:45 p.m.


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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Mr. Speaker, it is a privilege to stand in the House to debate Bill C-51, an act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another act.

I would first like to highlight the fact that this is an omnibus bill, containing many changes to a variety of different matters. Similar to many other Liberal promises we have heard in the House, or before the last election, the introduction of this bill breaks another promise not to table legislation of this nature. In debate in the lead-up to the election we had that commitment, just like we had a commitment on the deficit. However, it is another broken promise.

Ironically, Bill C-51 was introduced on June 5, 2017, just after the government House leader called for major reforms that, among other things, aimed to limit a government's ability to introduce omnibus bills. Just a couple of days later, it introduced an omnibus bill.

Second, it would remove a number of sections of the Criminal Code that no longer have any particular relevance. This includes section 365, some of which deals with witchcraft and sorcery; and section 71, related to duelling in the streets. Much of this we can support. Other aspects may be a little more problematic.

It also originally proposed to repeal section 176 of the Criminal Code, which makes it a crime to unlawfully obstruct, threaten or harm a religious official before, during or after he or she performs a religious service. It also makes interrupting or disturbing a religious service a crime. We have voiced our concerns in regard to that in the House many times.

As a number of my colleagues, including the former minister of justice and attorney general of Canada, pointed out during debate on the bill, the Conservatives were the first to identify this grave mistake of the Liberal Justice Minister and to draw the attention of Canadians to this flagrant attack on their freedom to worship without fear in their own way.

I will be splitting my time, Mr. Speaker, with the member for Elgin—Middlesex—London.

Our highlighting of Bill C-51 and this offensive Criminal Code amendment resulted in significant backlash from tens of thousands of Canadians who signed petitions urging the Liberals to back down on minimizing an obstruction or disturbance of a worship service. The government finally relented, and as such, Liberal members of the justice committee were instructed to introduce an amendment that effectively stopped the repeal of section 176.

That is one of those times where Parliament works, when the Conservatives can bring forward a concern like that. Unfortunately, sometimes it takes the outcry of tens of thousands of Canadians speaking up about what the Liberals were trying to do to our worship services of all different faiths.

While many of my constituents of Battle River—Crowfoot are thankful the Liberals finally saw the light, I still remain stunned by the fact they even contemplated the removal of section 176 of the Criminal Code, let alone attempting to do it.

After steady but relatively small increases since 2014, in 2017, hate crimes in Canada rose sharply. We can see that on the front pages of most papers. It is up 47% over the previous year. For the year, police reported 2,073 hate crimes, 664 more than in 2016. Higher numbers were seen across most types of hate crimes, with incidents targeting Muslim, Jewish and black populations, as well as Christians. These increases were largely in Ontario and Quebec.

Barbara Perry, an expert on hate crimes and professor of criminology at the University of Ontario Institute of Technology, was quoted in The Globe and Mail, on November 29, saying, “This is staggering. You don’t see this kind of increase in any sort of crime data”, adding that “the numbers should be a wake-up call for provincial and federal leaders.” She went on to say, “It’s an assault on our core values of inclusion and equity.”

In the same article, Leila Nasr, a spokesman for the National Council of Canadian Muslims, said, “We’re devastated to see the numbers go up yet again.”

As revealed in the Globe and Mail article:

Hate crimes also rose across all categories of religion, with those targeting the Jewish population accounting for 18 per cent of all hate crimes in the country. The surge echos B’nai Brith Canada’s tracking of anti-Semitic incidents, which saw a record last year.

Chief executive Michael Mostyn, in a release that recommended an action plan to counter online hate, as well as enhanced training for police officers, said, “We need real and effective measures to extinguish this rise in hatred”.

The Canadian Race Relations Foundation called the numbers:

....a warning against complacency and....a stark reminder that hate crimes are an attack not only on individuals and their communities but on the very fabric of our society.

As I pointed out, those remarks were issued or reported on just a week ago today regarding the 2017 hate crime statistics, the year in which the Liberals introduced the bill. Again, whatever motivated them to repeal section 176 Criminal Code?

What has motivated the government to retreat on the one hand, while still sending the wrong message that the disruption of religious service is not a serious offence? That is exactly what they have done by taking it out of this legislation and moving it into Bill C-75. Currently, it is a solely indictable offence which, as we know, are for the most serious offences. However, in Bill C-75, by hybridizing it, this offence could be prosecuted as a summary conviction offence which is reserved for less serious offences.

It is important to note that the maximum sentence under section 176, if prosecuted as an indictable offence, is two years. Making it a hybrid offence, the maximum sentence as a summary conviction offence would be reduced by only one day. It would fall into the two years less a day, with the indictable offence being much more than that. Therefore, why the change?

Again, we really have to question why, at a time when hate crimes against religious communities across Canada are significantly increasing, are the Liberals trying to downgrade the seriousness of these offences?

Section 176 is not unconstitutional, has never been challenged in court and is not obsolete. Furthermore, a number of individuals have been successfully prosecuted under section 176. It is the only section of the Criminal Code that expressly protects the rights and freedoms of Canadians to practice their religion without fear or intimidation, a freedom that is a fundamental freedom guaranteed under the Charter of Rights and Freedoms.

One can only surmise that despite the outcry from all across the country and them retreating on repealing this offence, the Liberals really do not believe it is a serious crime, just like they do not believe impaired driving causing bodily harm is a serious offence. That is what they have changed again in Bill C-75.

This past Tuesday, the Minister of Justice and the newly appointed Minister of Border Security and Organized Crime Reduction took to the air waves to remind Canadians that in two weeks they would be subject to mandatory alcohol screening if they were stopped by the police, something I support, as I want the horrific loss of life and injury due to impaired driving stopped.

While one minister bragged this was a game charger and another defended the change because impaired driving remained the leading cause of criminal death in Canada, both were being disingenuous in that they failed to reveal the fact they had downgraded the offence of impaired driving causing bodily harm. Under Bill C-75, this offence, which is currently solely an indictable offence, becomes a hybrid offence and as such, if proceeded summarily, may result in two years less a day of prison time or worse, a monetary fine.

I would like to state my support for the government motion to reject a Senate amendment to the bill before us today, Bill C-51. Bill C-51 clarifies that consent can never occur when an individual is unconscious, which is consistent with the J.A. decision. The Senate amendment would only lead to added complexity and confusion over what evidence would be relevant to determine consent in sexual assault cases. Instead of adding certainty to the law, it would lead to further litigation.

We cannot afford further delays in our courts due to prolonged cases. Sexual assault victims should be supported, not subjected to undue delays, so for that we commend those measures within Bill C-51.

I thank you, Mr. Speaker, for allowing me a bit of opportunity to veer off and go to some of the things that were pulled out of this bill. I recognize that.

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December 6th, 2018 / 12:40 p.m.


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Liberal

Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC

Mr. Speaker, that is a good question. Certainly, there are practical considerations in getting legislation to move through the House. It takes a certain amount of time. With respect to the schedule of this place, it can be a challenge. I appreciate that it has been incorporated into Bill C-75, which has now been passed to the other place. I await its expeditious treatment of that bill.

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December 6th, 2018 / 12:35 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, I thank the member for Coquitlam—Port Coquitlam, whom I enjoy serving with on the justice committee. I share his concerns about the Senate amendments. Therefore, I want to ask him a question about what he initially spoke of, which was the zombie sections of the Criminal Code that have been found to be unconstitutional.

He cited the Vader case, involving the murder of Lyle and Marie McCann of St. Albert. It was our committee, the justice committee, that wrote to the minister all the way back in October 2016, calling on the minister to move forward with legislation to remove unconstitutional sections. The minister did move ahead with Bill C-39, which is stuck at first reading. The government then put it into Bill C-75. However, that is going to take months to go through the Senate. Why did the government not just get it done and pass Bill C-39? It does not seem to make any sense to me. Can the hon. member comment?