An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)

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

Status

Considering amendments (Senate), as of May 14, 2019
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to create new offences in relation to trafficking in human organs. It also amends the Immigration and Refugee Protection Act to provide that a permanent resident or foreign national is inadmissible to Canada if the Minister of Citizenship and Immigration is of the opinion that they have engaged in any activities relating to trafficking in human organs.

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.

The House resumed consideration of the motion in relation to the amendments made by the Senate to Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act.

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December 10th, 2018 / 3:30 p.m.


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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

The hon. member for Cowichan—Malahat—Langford has eight minutes remaining for questions.

Questions and comments, the hon. member for St. Albert—Edmonton.

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December 10th, 2018 / 3:30 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, during his speech, my colleague, the member for Cowichan—Malahat—Langford, expressed understandable frustration over the failure of the government to move forward with the removal of unconstitutional sections of the Criminal Code. During her speech, the minister almost unbelievably encouraged opposition members to work with the government in moving government legislation forward in an expeditious fashion as though it was somehow opposition members who had been an impediment to getting these sections removed from the Criminal Code.

In fact, two years ago, following the Vader acquittal that overturned a guilty verdict on two counts of second-degree murder, our justice committee wrote to the minister. I stood with the McCann family in December 2016. The minister finally got around to introducing a bill in March 2017, but it is stuck at first reading.

Is there any possible explanation for how a bill that could be unanimously adopted in the House is still stuck at first reading almost two years later, other than the complete mismanagement and incompetence by the government of its own legislative agenda?

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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.

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December 10th, 2018 / 3:30 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 am always happy to ask questions of the New Democrats.

My understanding is that the NDP is supporting the legislation. A lot of work was done at the committee stage, as was referenced. Even the amendment before us from the Senate was also discussed at the committee stage. My understanding is that it was generally felt at that time that we should move ahead without making those changes.

Could my colleague provide his thoughts and maybe even correct the record if I have misinterpreted this inappropriately? Did the NDP members participate in the discussion at that time? If so, what were their thoughts?

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December 10th, 2018 / 3:30 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I did. I was not there for most of the committee's deliberations on Bill C-51 because of a family matter I had to deal with at home, but I was there for the clause-by-clause consideration.

I moved an amendment at committee stage, which my Conservative colleagues supported. It sought to clarify some of the language. The hon. member for Saanich—Gulf Islands, the leader of the Green Party, also moved an amendment that was very much in line with what the Senate has attempted to do. I voted in favour of that one as well.

My short answer to the member is, yes, we in the NDP did support Bill C-51, with the constructive criticism that more could have been done. Now the bill has come back to the House with Senate amendments. While I still support the bill in principle, I will be voting against the government's motion. I very much agree with what the Senate has attempted to do to add more clarification to this part of the Criminal Code, which is warranted. With many sexual assault cases, the judicial discretion has sometimes left much to be desired. This is a crime in Canada that goes unreported much of the time. Adding more clarity to what does and does not constitute consent will be very valuable for Canadian society going forward.

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December 10th, 2018 / 3:35 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, the Senate amendments relate to section 273 of the Criminal Code, which set out a whole host of factors in which consent is deemed not to have occurred. The issue relates to subsection 273.1(2) that codifies, on its face, the J.A. decision by adding the word “unconscious”. There was some debate and some disagreement among some witnesses about whether adding those words would be helpful or whether they would create uncertainty in the law. That was the basis upon which Senator Pate introduced her amendments, which ultimately passed in the Senate.

A counter argument to that is that the wording is sufficiently clear because it does, yes, incorporate the word “unconscious”, but it goes on in paragraph 273.1(2)(b) to refer to there being no consent for any reason other than the one referred to in proposed subparagraph (a.i), which is the word “unconscious”. Perhaps the hon. member for Cowichan—Malahat—Langford could address that point.

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December 10th, 2018 / 3:35 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I recognize the deliberations that were made in favour of keeping the bill as is. However, when I was doing research for my speech on the bill today, I had the opportunity to look at the transcripts from the Senate's third reading debate on it. I was very moved by Senator McPhedran's deliberations on it.

More than 30 years ago, she was one of the co-founders of LEAF, the Women's Legal Education and Action Fund. She knows many people in the legal community, especially feminist scholars of criminal law. I was very moved by her comments that without Senator Pate's amendments to Bill C-51, we would have failed to capture the scope of consent as laid out for us by the Supreme Court.

While, ultimately, the New Democrats support Bill C-51 as is, I support what the Senate has attempted to do, and was very much moved by the senator's arguments in favour of it.

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December 10th, 2018 / 3:35 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, it is always a pleasure to address the House, especially as we get closer to this beautiful building being shut down for many years to come.

First, I would make reference to the other place. The Senate contributes a great deal to the public debate. It goes through amendments and gives an assessment of what has been proposed by the House of Commons through legislation. I truly appreciate the work of many senators and the amount of time they put into trying to improve legislation before them.

However, from what I understand, a lot of discussion on the amendments proposed by the Senate took place in a standing committee of the House. I do not want to take away from the seriousness of the offence we are talking about, but I think a majority of Canadians see this legislation as positive and long overdue. It would go a long way in making our system that much better.

I will start with the purpose of the legislation, what we have debated over the last while and the time frame. I want to address many other aspects that were raised by the opposition, particularly around the area of timing, the number of legislation and so forth.

With respect to the purpose of the legislation, I will highlight four areas.

First, the bill would clarify and strengthen certain aspects of sexual assault law relating to consent, admissibility of evidence and the legal representation for the complainant during rape shield proceedings. One only needs to listen to some of the debates we have had at second reading and some of the discussions that took place during the standing committee to get a good sense of the nature of the problem and why that aspect is so critically important.

Second, the bill looks at repealing or amending a number of positions within the Criminal Code that have been found to be unconstitutional by appellant courts and other provisions that are similar to ones that are found as unconstitutional.

Third, the bill looks at repealing several obsolete or redundant criminal offences.

Fourth, which is a strong positive, the bill would require that a minister of justice table a charter statement in Parliament for every new government bill, setting out the bill's potential effects on the charter. A good number of members have raised concerns about this, but I see it as a welcomed addition.

I have indicated on numerous occasions that the Liberal Party founded our Charter of Rights and Freedoms. We take it very seriously. I like to think that this is a good example of a very tangible action that clearly demonstrates we are a government that genuinely supports Canada's Charter of Rights and Freedoms. Therefore, to have a minister responsible to give his or her interpretation on how legislation could affect laws is a positive thing.

It is something that could complement future decisions. A court could take into consideration ideas, concepts, thoughts and expressions that might have been raised while the legislation was being debated in the House. I would argue that it gives a little more depth to the legislation itself. I see it as a very strong and positive thing.

Those are the four core points that I would highlight. However, I want to address some of the things I have heard during the debate earlier this morning and during questions and comments. Members across the way have asked why time allocation is important. I am often quoted by some members of the opposition, suggesting why I would support time allocation. I can remember sitting in the third party benches in the far corner over there, just a few years back. I recognized back then that time allocation is an effective and necessary tool at times in order for government to deliver on its commitments to Canadians. It is something we have taken very seriously.

Let me give an example. Last Thursday we brought forward another piece of legislation. I believe it was Bill C-57. When we brought that bill forward, the member for Sherwood Park—Fort Saskatchewan started the debate at about 3:30 p.m., and he continued to debate the bill for two and a half, maybe three hours. There is no doubt that it was somewhat enlightening. Some might argue that we are looking at a limited amount of time, and we need to acknowledge that there is a limited, finite amount of time for the House to deal with legislation.

If the opposition chooses to prevent legislation from passing, it does not take very much. The member for Sherwood Park—Fort Saskatchewan is very capable of articulating at great length. He could stand in his place and talk for two or three hours. If I was provided the opportunity to talk about a budget and all the wonderful things we do, I would like to think I could probably talk for a few days because there are so many good things this government has done for Canada's middle class. It would be a wonderful thing to be able to share that information with my colleagues across the way. However, the reality is that if the opposition were to allow me to do that, I suspect it would be somewhat hurtful for the government, given the limited amount of time we have inside the chamber.

I use this as an example because a number of members across the way have been somewhat critical of two things. One is why we found it necessary to bring in time allocation on this legislation. The other is related to the overall approach by this government on justice.

On the time allocation issue, both the Conservatives and the NDP often like to get together on a united front, and if they were determined to prevent legislation from passing, they could put government in a very difficult position where it would need to try to push the legislation through. That is in fact a responsibility of government.

Many pieces of legislation that we brought forward, including this bill, are because we made a commitment to Canadians in 2015. This legislation is another commitment fulfilled by this government.

If we were to give all the time asked for by the opposition, we would not have been able to pass a couple dozen bills. Canadians, rightfully so, expect the government to have a full legislative agenda. That is, in essence, what we have.

A New Democratic member criticized the government by saying that we have legislation here and there, and why is this bill not passing, and why is this other bill still in the Senate, and why are we still debating it here. There are two reasons. One, there is a process that does have to be followed. Two, at times individuals or political entities have an interest, for whatever purpose, to not allow legislation to go through. That means there is legislation that is at different points of discussion and debate. We have legislation still with the Senate. We have some getting ready for committee stage, some at second reading and some at third reading.

Let there be no doubt that when it comes to the issue of justice, we do very much take a holistic approach at delivering on that issue. I think it is safe to say that as a government, we want to ensure that legislation we bring forward is all about protecting Canadians.

This is one piece of the whole pie that is having that desired impact. We want to show compassion to victims. The Conservatives often say we are not sensitive to victims, yet we have legislation that enshrines victims rights in certain situations. We as a government recognize the importance of not only showing compassion to victims, but also bring in legislation where we can and other measures through budgets, to demonstrate that compassion to victims.

It is also important that we hold offenders accountable. Again, this government takes this very seriously. In the past, when I have addressed that particular issue, there has been a comparison made between the Conservatives and the Liberals. There is a big difference between the two parties on the issue of offenders. Within this legislation we talk about offenders. However, there is a significant difference. Many of the Conservatives like to take a hard line on crime, as if that rhetoric will make our society a better, safer place to live. We, on the other hand, have a different approach to it, which is seen in this legislation as I get back into some of the details of it.

We recognize that incarcerated individuals at some point in time will be released back into society. There is a responsibility for us to ensure that we prevent victims in the future by ensuring that the majority of those individuals who are released become more productive citizens of our country.

We also recognize the importance of our Charter of Rights and Freedoms. I made reference to that at the beginning when I talked about the scope of the legislation. I made reference to the fact that we are the party that brought in the Charter of Rights and Freedoms. We understand it and this legislation would ensure there is a stronger place in recognizing the importance of the charter.

I would like to cite something specific that was provided to me in recognizing the importance of charter statements:

Respect for the Charter is a critical aspect of governing and legislating in Canada.

That is something we would argue and one of the reasons we are asking members to support this legislation. It then states:

Requiring the introduction of a Charter Statement for every new Government bill represents a new, more open and more transparent way of demonstrating respect for the Charter.

The Minister of Justice has already tabled nine different charter statements in Parliament for her own bills. She has demonstrated leadership on that aspect. The proposed legislation would make the minister's existing practice a legal duty. The duty would extend to all government legislation.

Obviously, there has been a great deal of discussion on clarity in regard to consent. That was very well discussed. There was a great deal of discussion at the committee stage, where from my understanding the committee members believed it was okay to proceed to third reading with what had come out of the committee stage. I cannot recall anything coming from the official opposition regarding the need to reopen the area of an additional definition of consent, and I am sure I will be corrected if I am wrong during questions and comments. That is a very important aspect of the legislation.

I have heard a couple of members talk about a clause that dealt with religious freedom, something which was taken into consideration at the committee stage. I want to raise that because someone, in posing a question earlier today, reflected on how the government backed down on a clause in the form of an amendment. It is important to recognize that the minister and the department did a wonderful job in the work prior to the introduction of the bill in the House, in meeting with the different stakeholders and working with other jurisdictions to present the legislation. It comes through the department after that consultation.

A clause came up which was looked at concerning something to be taken out of the Criminal Code and it was deemed that we did not want that to happen. That was at the committee stage. To me, that speaks well of our standing committee process. Within the standing committee, the members identified an issue that ultimately was amended and there was a change in the legislation. It is not the only change that occurred.

I raise that point because from the very beginning of the original consultations and the work done by the department, we have been working with stakeholders to ensure that we have good legislation that I believe will ultimately serve Canadians well.

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December 10th, 2018 / 3:55 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, one issue I want to ask the parliamentary secretary to the government House leader a question about is the defence disclosure requirements in Bill C-51. This would mark the first time there would be a positive obligation on the part of the defence to turn over evidence, other than a few minor exceptions that are not in the least bit controversial and are well accepted. In this regard, for a defence counsel to tender evidence and records that in any way related to the complainant, it would have to bring forward an application at least 60 days before the trial.

We are not talking about records relating to the sexual activity of the complainant. Those are addressed in section 276. We are not talking about records in which there would be a reasonable expectation of privacy on the part of the complainant, such as therapeutic records. Those are dealt with in section 278. We are talking about any record relating to the complainant.

I would submit that this expansive definition would create an unwieldy process that would result in significant delays, not to mention the real risk of mid-trial applications, and therefore adjournments, and would do much to undermine trial fairness. Could the hon. parliamentary secretary comment?

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December 10th, 2018 / 4 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, on the issue of defence disclosure, I do not have the background to provide the type of detailed answer the member would like to hear.

What I do know is that at times, we need to recognize that there is a need for change. I talked about compassion for victims. This is a good example that could be used, when we talk about defence disclosure. As we evolve our court system and the way trials are conducted, at times we need to recognize that there is a need for change. Will it have a negative impact in terms of delays in justice? I am not in a position to provide the type of answer the member across the way may be looking for. However, I believe this is the right direction to be going.

If the member wants a more detailed answer, I would suggest that it might be more appropriate to ask the minister or the parliamentary secretary.

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December 10th, 2018 / 4 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, excuse me while I shed a few tears for the troubles of being in a majority government. The parliamentary secretary should have an inkling of understanding, because he once sat in this corner, of the vast amount of power a majority government wields in this place. Frankly, I find it inexcusable at this stage in the 42nd Parliament that the only substantive justice bills that have been passed by the current government are Bill C-14, which was the result of a court-ordered deadline, and Bill C-46, which, of course, was the companion bill to Bill C-45.

Our contention on this side of the House has been that it would have been unnecessary to even use time allocation if the government had taken the non-contentious parts of Bill C-32, which was rolled into Bill C-39, which was rolled into another bill, and made those a standalone bill. For example, we have provisions in the Criminal Code such as challenging someone to a duel, possessing crime comics and fraudulently practising witchcraft. For decades, legal scholars have complained that these faithful reproductions in the Criminal Code lead to confusion. It should have been no secret to officials in the justice department that as soon as the justice minister assumed her mandate, we could have moved ahead with a bill to get rid of those inoperable, redundant sections of the Criminal Code, probably with unanimous consent.

Looking back at the last three years of the government's legislative agenda, particularly with justice bills, would the parliamentary secretary not agree with me that it would have been smarter to package the non-contentious reforms of the Criminal Code in a standalone bill, rather than having us, at this stage, at three years, with not a single reform of the Criminal Code yet passed by this Parliament?

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December 10th, 2018 / 4 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, from day one, this government has been introducing legislation. I believe the first piece of legislation was Bill C-2, which gave the tax break to Canada's middle class. From that day to this day, this government has been very diligent in trying to pass legislation in as orderly a fashion as possible. At times we have had support from the NDP to use time allocation. The NDP on occasion has recognized the odd piece of legislation it prioritized. The idea of using time allocation has been recognized by all parties in this chamber. It is just that we have different priorities.

The government's priorities are to fulfill the commitments it made to Canadians in the last election as much as possible, and a good number of those commitments have to be done in the form of legislation. It might not meet the timing of my New Democratic friends, but this has been a very busy government on a number of fronts.

The justice file has been an important priority for this government. That is one of the reasons there are a number of legislative items in different stages. If the member wants to see them pass, it should make a suggestion. I would definitely recommend to the government that it accept unanimous consent to have this bill and other pieces of legislation passed right now. If the NDP has identified legislation it wants passed, I will be pleased to advocate on the NDP's behalf that we allow for the unanimous passage of government legislation. I do not know if the Conservatives will agree. We might have to lobby them together.

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December 10th, 2018 / 4:05 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, I would like to follow up on my colleague's comments on the promises of the Liberals during the election on the substantive changes they were going to make. In particular, in my province of Saskatchewan, many people were swayed by the Liberal promise that it would get rid of mandatory minimum sentences. We will not all agree on that issue, I know, but in my province, the rates of incarceration for indigenous people are horrendous. It is a human rights issue by any stretch of the imagination. We have been waiting a very long time for the government to do something substantive on justice issues that will make a difference to people's everyday lives and bring justice and honour their human rights.

I would share with my hon. colleague how very disappointed I am at this point in the Liberals' mandate to not see the issue of getting rid of mandatory minimum sentences. If the most important relationship to the government is the relationship with first nation people, it was a TRC call to action to get rid of mandatory minimum sentences, and I would be the first to stand up to pass that bill with unanimous consent.

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December 10th, 2018 / 4:05 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the member's comments. If we were to look at the amount of legislation the government has brought forward over the last few years, there are a lot of good things in it. I am hoping that we will get as much of it, if not all of it, passed, because it is something I believe Canadians would be very supportive of. I will concede that we might need that second mandate to achieve all the wonderful things we want to achieve. That is not up to me. It will be up to Canadians to ultimately decide in 2019.