Bill C-75 (Historical)

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

This enactment amends the Criminal Code to, among other things,
(a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and
(i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.

Reference to Standing Committee on Procedure and House Affairs

[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 Montréal

[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 Safety

[Arif Virani, Liberal, Minister 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.

[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?

[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?

[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.

[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.