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.

Bill C-75—Time Allocation Motion

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

Mr. Speaker, when private members' bills are put forward, we consider them closely. I recognize the challenges posed by gambling and the need to address this issue. We considered that private member's bill closely.

We are now talking about Bill C-75, which would address significant delays in the criminal justice system. I am hopeful that we will have the support of all members of the House to move forward with this most important piece of legislation.

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

Mr. Speaker, my hon. colleague raised a number of issues.

It is clear that there is a challenge with delays in the criminal justice system. The Supreme Court of Canada has challenged all of the actors in the criminal justice system to make substantive changes, to effect a culture shift. That is what we are doing with Bill C-75. Members on this side of the House have spoken. Members of the NDP have spoken. It is clear that members of the official opposition are trying to delay if not prevent second reading debate on this most important piece of legislation. It is my suggestion that we get this piece of legislation to committee, and that is what we are doing, so we can ensure that we have continued debate on this important piece of legislation to answer the Supreme Court of Canada's call.

With respect to my hon. colleague's discussions, I would be very cautious of the hon. member across the way raising impaired driving when the Conservatives have proposed removing mandatory alcohol screening from this most important piece of legislation and that would actually gut Bill C-46. We are trying to ensure there is safety on the roads. I am more than happy to talk about why we are reclassifying offences.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Thank you very much.

Thank you, Senator Jaffer, for those comments.

Thank you to all of you for your testimony here today.

Mr. Fortin, this is a very interesting point that you've brought up, and I think you're the first one who has focused on this with respect to the consecutive sentences. I do remember that this was passed by Parliament, and it was on the basis that if you traffic one person, or you traffic 20 people, it's actually a more serious offence if you traffic 20 people. The idea of consecutive sentence was a reflection of that. Now you know, of course, what we're dealing with here in Bill C-75, that this is not going forward, but thank you for making that point.

I don't have much time, but, Senator Jaffer, again, thank you to you and your colleague, Senator McPhedran, for all the work that you are doing on this. You're making a difference on this.

One of the things that you did say was that Canada should prosecute these Canadian men who are going overseas to sexually exploit women and children in these countries, and of course, Canada should. Part of the challenge, you may know, is trying to get evidence on these people when the victims are in southeast Asia, in the Caribbean, or somewhere else. One of the things that we have spoken about over the years is getting the countries themselves involved with these prosecutions. Again, that's not very easy.

Don't you think that is another way to perhaps expedite these things, rather than the more complicated way of getting this person out of there and trying to put together a case here in Canada?

[Rhéal Fortin, Québec debout, Rivière-du-Nord, QC]

Thank you, Mr. Chair.

Thank you for giving me the opportunity to speak here today.

As you can imagine, this issue — which we have often addressed in the House — concerns us very much in Quebec. The issues seem quite well defined. The solutions also seem quite well defined, but for reasons I do not understand, the government does not seem to want to move forward, which concerns us greatly. I will explain what I mean.

In Quebec, the problem of prostitution is especially concerning for young girls of 18 years of age or less. Our Montreal youth centres have become recruitment points for prostitution. There have in fact been numerous interventions over the past few years. As a member of Parliament, and as a lawyer in my previous life, I had the opportunity of meeting with many of the workers who work with these organizations, who say that they are concerned, and have been for years.

Before the 2011 election, Bloc Québécois MP Maria Mourani presented Bill C-612 on this topic, but the bill died on the Order Paper following the 2011 elections. It was presented again in 2013. In 2015, Ms. Mourani's Bill C-452 was adopted unanimously by the House of Commons. It was then passed by the Senate and received royal assent on June 18, 2015.

What did this bill say? First, it created a presumption that an individual living in the same apartment as a person practising prostitution is reputed to be living from the avails of prostitution, and reputed to be a pimp. This reversed the burden of proof, which meant that these young girls, often very young, as my Senate colleagues have said — young girls who were sometimes 12, 13, 15 or 16 — could avoid having to testify about the guilt of a pimp, who scared them and controlled them. This made it very hard for them to give this kind of evidence. And so the burden of proof was reversed.

The bill also made it possible to seize goods acquired from the avails of prostitution. There was an issue of consistency, and also the matter of consecutive sentences, which seemed to us to be an important deterrent in the fight against prostitution.

Bill C-452, which dealt with these important issues, received royal assent in June 2015. Everyone had hoped that during the summer, it would be enacted, and we could finally tell young girls that we would provide some effective protection. Unfortunately an election was called at the end of the summer, and when the new government took power in October 2015, Bill C-452 was shelved and forgotten about for a time.

Subsequenty, as you know, considerable pressure was applied by my party and its members, and by civil society, and finally the current government decided to introduce another bill, C-38, on February 9, 2017. Bill C-38's only objective was to bring Bill C-452 into effect. It did nothing else. It indicated that we were in agreement with Bill C-452 and that its clauses 1, 2 and 4 would be adopted immediately; as for clause 3 regarding consecutive sentences, that was not certain. People felt that this clause would not survive a constitutional challenge. So the coming into force of consecutive sentences was postponed to a later date.

In February 2017, everyone hoped that the bill would be tabled and that it would be passed quickly. Unfortunately, today, in May 2018, a year and several months later, nothing has yet been done, and moreover, another way of doing nothing is to simply push things forward. And so Bill C-75 was introduced, a mammoth bill, as you know. Bill C-38was included in it, and it will be dealt with at some point.

Since 2011, we have not dealt with this seriously. I am embarrassed to say that I am sitting in a Parliament that is not taking this issue more seriously. We keep postponing it. There were bills C-612, C-452, C-38 and C-75.

Are we in agreement or aren't we? We adopted a bill unanimously, it received royal assent, and then we let things go. Personally, I think it is indecent and embarrassing that these young girls who are counting on us are still having to deal with pimps. People don't just depend on us to extend apologies and say that what happened to them 100, 50 or 200 years ago was very sad. They are counting on us to help eliminate daily, current problems they are facing.

Sometimes there is no solution. It happens. In certain cases, solutions are complicated and take time. However, we are talking here about a problem to which there is a solution we agreed on and had adopted.

Can this order be issued?

That is what I had to say today, Mr. Chair. I'll stop here. I think my message is clear.

Motion that debate be not further adjourned

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, this is truly an unparalleled day in Canadian parliamentary history. On a day that the Government of Canada has paid a Texas company $4.5 billion to leave Canada and to stop investing in our resource sector, we also have the government House leader bringing to the House for the 34th or 35th time a time allocation motion on a motion that has not yet been debated. This is truly unparalleled.

The member was not here in the last Parliament, but I would like to remind her of the wisdom of her deputy, the member for Winnipeg North, who used to call such tactics “assaults on democracy”. There are so many times he said that. In fact, he went further to talk about the use of time allocation on omnibus bills before the House. He said they are “an affront to democracy and the functionality of Parliament.”

Why do the Liberals fear debate? Why do they fear Canadians knowing what is happening? Why are they using omnibus bills for budget implementation, and for Bill C-75 and Bill C-59? What about the openness and transparency they promised?

Justice

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

Mr. Speaker, I am pleased to stand to speak about Bill C-75, which will address delays and efficiencies in the criminal justice system.

The member opposite spoke about the reclassification provisions in terms of the reforms that were proposed. It is simply untrue that we are changing the sentencing regime. We are hybridizing offences, but providing prosecutors with additional tools.

I would like to ask my friend across the way what he feels about the provisions in terms of intimate partner violence, where we are supporting those victims of sexual assault and domestic violence in this bill. Does he not support that?

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, I wish to inform the government that this week is Victims and Survivors of Crime Week.

I know that the Liberals have made it clear that victims have not been a priority of theirs in the last two and a half years, and of course the latest example is Bill C-75, which would reduce the penalties for many serious crimes, including the abduction of a child under 14 years of age, forced marriage, participation in terrorist groups and criminal organizations, and many others.

Is there any hope that the government can change its philosophy before the next election and start putting victims first? Can it do that?

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, Conservatives in Canada believe that the number one priority of any government should be the safety of Canadians. The criminal justice system must strengthen these provisions, not weaken them.

In 2017, the Liberal government introduced Bill C-51. Ostensibly, it was intended to eliminate unnecessary and unconstitutional clauses in the Criminal Code, but buried in it were a number of additional Criminal Code provisions the Liberals decided to remove, including long-standing protections for clergy and places of worship. There was no logical reason why these were included, particularly at a time when incidents of religious intolerance are increasing. The government only backed down and removed these proposals after Canadians spoke up and said this was completely unacceptable.

However, they are back. Bill C-75 would reduce penalties for a whole range of serious crimes, including membership in a terrorist organization and political corruption, but it also would reduce sentences for obstruction and violence toward clergy.

Why is it that the Liberal government always puts terrorists and criminals ahead of victims?

[Dr. Gary Mauser]

Thank you for the question.

No, I do not see anything in Bill C-71 that will reduce or work to reduce gun crime by violent people who are either suicidally inclined or criminally inclined. This bill merely multiplies the hurdles that already law-abiding, already vetted people must endure to transfer, to buy, and to own firearms.

Bill C-75 deals with punishment, the incarceration of people who have committed crimes. Most criminologists would argue that we need to keep focused on the violent criminals, not the good people.

Thank you.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Thank you, Dr. Drummond. I will make a statement that we support the idea that the whole idea of firearms safety is about ensuring that public safety is the driving force behind that. Having the ability to ensure that those who should not have firearms do not acquire firearms is certainly part of that process.

Mr. Mauser, I will finish my questions with you.

According to your research, firearms licence holders are approximately one-third less likely to commit a firearms crime than a member of the general public. Having said that, I have two questions. In your opinion, do you see anything in Bill C-71, which is before us, that really addresses gun crime? Do you think that the combination of approaches we are seeing proposed in Bill C-75, reducing the sentencing for gang membership, is appropriate given what we're trying to accomplish in Bill C-71?

[Solomon Friedman]

They're alleged thugs, okay?

I see a fundamental consistency, actually, between Bill C-71 and Bill C-75.

I have to tell you that a lot of defence lawyers were excited when the new government took office, because we were promised—what was that phrase again?—evidence-based decision-making. We were promised that empirical criteria would be used to reform criminal law. We were promised that it was going to be a brand new era.

I look at Bill C-71 and I look at Bill C-75, and I ask, where's the data? Instead what I see is the most regressive of thinking. We're not here to talk about Bill C-75. I could talk about Bill C-71 for a long time, so imagine what we could discuss when it comes to Bill C-75. Where did objective, evidence-based decision-making go? It's a profound concern to the Criminal Lawyers' Association.

We may be strange bedfellows, but we're all interested in one thing: a fair and just society where individuals are not deprived of their liberty without all of the protections that we take for granted as a society. That's what the Criminal Lawyers' Association wants. That's what parliamentarians want.

That's my fundamental question. How can we create more criminal law legislation that further increases the risk that individuals will be unjustly penalized when there's no data to support it? We see it in Bill C-71. We see it as well in Bill C-75.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Having said that, you have made a lot of public comments on the new omnibus justice bill, Bill C-75. I'm curious to know, given what's happening with Bill C-71 and the hug-a-thug principle in Bill C-75, how you would compare and contrast Bill C-71 and Bill C-75.

Bill C-75—Notice of time allocation motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting motions to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

[Mark Warawa, Conservative, Langley—Aldergrove, BC]

Thank you, Chair. I'm quite sure that I have colleagues beside me who would also like to speak to this. I hope you will permit them the same privilege that you've given me. I do appreciate it.

We are now under proposed subsection 1(1), which provides a definition of “essential service”. The existing definition, under subsection 4(1) of the Federal Public Sector Labour Relations Act, says:

4(1) The following definitions apply in this Part. essential service means a service, facility or activity of the Government of Canada that has been determined under subsection 119(1) to be essential. (services essentiels) essential services agreement [Repealed, 2013, c. 40, s. 294] mediator means a person appointed as a mediator under subsection 108(1). (médiateur) National Joint Council [Repealed, 2017, c. 9, s. 4] parties, in relation to collective bargaining, arbitration, conciliation or a dispute, means the employer and the bargaining agent. (parties) public interest commission means a commission established under Division 10. (commission de l’intérêt public)

National Joint Council means the National Joint Council whose establishment was authorised by the order in council dated May 16, 1944.

Chair, the new provision, proposed under Bill C-62, is that the very clear definition of “essential service” will be changed substantially. The new provision would say:

1(1) The definition essential service in subsection 4(1) of the Federal Public Sector Labour Relations Act is replaced by the following: essential service means a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public. (services essentiels)

Chair, I'm trying to understand where we are and where the government wants to take us in Bill C-62.

I think the definition that we have right now is actually much clearer, and it's important that legislation be clear, that we as legislators understand what it is, and that arbitrators understand what the intent of the legislation is.

For example, on the government web page, Government of Canada Guidelines for Essential Services Designations, under the heading “What is an essential service?”, it says, “...an 'essential service' is defined as 'any service, facility or activity of the Government of Canada [that] is or will be necessary for the safety or security of the public or a segment of the public.' ”

Chair—surprise—that is the exact wording of Bill C-62. Should the government make the changes to their website prior to the passing of Bill C-62? I think not. That is a concern, but they have already made those changes.

It goes on to explain, “Examples of government services or activities that may be considered essential include, but are not limited to: border safety/security...”.

Chair, I have heard again the importance of clarity and definitions, and this is the foundation...a definition of what we are talking about. In terms of border safety and security, we are seeing problems at the border. The fact is that I had a border officer approach me who did not want to be named because he works for the Government of Canada. He was very concerned that there are people being moved from our ports of entry to deal with the influx of illegal immigration and refugees who are going between the legal points of entry.

Is that an essential service? I believe it is, but that essential service is being pressured because of decisions of the government to advertise on Facebook, Twitter, and whatnot that you can enter Canada illegally and then move to the front of the line. I don't think that's fair, and I wish the government would change their messaging on illegal border crossing.

Chair, the next one on the list of essential Government of Canada services is Correctional Service Canada. For our federal institutions that are an essential service, it is extremely important that we make sure anybody who is serving federal time in a penal institution is kept locked up, and that it is properly supervised and managed.

Chair, under the Correctional Service we have minimum, medium, and maximum security institutions. In our riding, we have all of them. These are all for sentences that are for two years and more. Two years less a day would be served in a provincial or territorial institution.

When I say they are in an institution during a warrant period, during their sentence, if it's less than two years, then it would be provincial or territorial, but we're dealing with much more serious crime, usually an indictable offence. There are summary and indictable convictions. I won't digress about Bill C-75 that wants to make youth terrorism a summary conviction with a fine instead of being a serious indictable offence for which they could do some federal time if appropriate, but the Correctional Service is essential to keeping Canadians safe.

The next one is food inspection activities. How important is it to make sure that the food in Canada is healthy and good? It is essential—I think we would all agree with that—so they have to know what is the definition of an “essential service”. Chair, the clearer we make that definition, the better.

On accident safety investigations, I was involved with that at a provincial level. It is very important when we have an accident, through Transport Canada, that accident safety investigators be available and be available now. When we have a serious plane crash where somebody has died, there has to be an investigator, so again, that is an essential service. It is critically important that we know what the definition is.

The definition on the government website also goes on to say that income and social security.... My responsibility, Chair, is income security for seniors. All of this means it is really important that we know what the definition of “essential service” is.

Chair, at this point, I think it is important that we support the existing provision because it's clear. It's more specific, and I would not support changing the definition under Bill C-62 proposed subsection 1(1), but I look forward to hearing from my colleagues.

Thank you.

Justice

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, keeping Canadians safe should be the priority of every government and a serious crime should never be taken lightly, yet the Liberals are pushing ahead with legislation to reduce sentencing for serious crimes.

Human trafficking is a despicable crime, with a devastating impact on its victims. It is a crime that is growing in Canada. We need to be sending a clear message to perpetrators that modern-day slavery is unacceptable in our communities and carries a severe penalty. Instead, through Bill C-75, the Liberals are eliminating consecutive sentences for human traffickers.

Canadians are right to be concerned. This misguided legislation could result in lighter sentencing for a long list of serious crimes. The Liberal government is not taking criminal justice issues seriously. The rights of victims should always be the priority, and sentencing should always match the severity of the crime.