This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.
Considering amendments (Senate), as of May 14, 2019
(This bill did not become law.)
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.
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.
Marilyn Gladu Conservative Sarnia—Lambton, ON
Mr. Speaker, I noted in the member's speech that he was clear that acts of terrorism and advocating genocide have been taken off the list of offences that are being reduced to a less than two year summary conviction or a fine.
What made the government think that acts of terrorism and advocating genocide were minor enough crimes to be on the list in the first place?
Ali Ehsassi Liberal Willowdale, ON
Mr. Speaker, as the member is well aware, there were many consultations that took place when this bill was first being considered.
There was considerable outreach to stakeholders, experts and the like. In addition to that, as the member is likely fully aware, there were also consultations that took place between the federal government and the provinces and the territories. We thought that was an important step forward. In addition, we thought it was important to hear from various experts and, to the best of our abilities, to incorporate any concerns they have in the final bill.
Michael Cooper Conservative St. Albert—Edmonton, AB
Mr. Speaker, I enjoy serving on the justice committee with the member for Willowdale. He did appear before the justice committee to provide evidence about why genocide and terrorism-related offences should not be reclassified. His testimony was certainly helpful to the committee.
The member spoke of consultations that took place in the lead-up to Bill C-75. The fact is the government simply took a whole series of offences that were at a 10-year maximum and reclassified them, including terrorism and genocide, which I think the member would agree had no business being reclassified.
The member spoke a few moments ago about the fact that those offences should not be reclassified because they need to be treated seriously and prosecuting them by way of summary conviction would not do justice.
I wonder if the hon. member could speak to why the government does not seem to also take seriously offences such as impaired driving causing bodily harm or administering a date rape drug.
Ali Ehsassi Liberal Willowdale, ON
Mr. Speaker, it has been a great honour serving with the member on the justice committee. We have many opportunities to exchange views.
I did set aside and distinguish the terrorism and genocide provisions. As he is fully aware, there have been very few cases dealing with these provisions. Obviously, that was something that was considered by the committee and ultimately that weighed on our decision to make sure these were removed.
Celina Caesar-Chavannes Liberal Whitby, ON
Mr. Speaker, I want to come back to some of the comments that were made earlier when it comes to the seriousness of offences.
When we are talking about kidnapping, for example, a child who leaves a parent's house to go to another versus someone who is luring a child into a car are two different offences, and the seriousness of those two offences are quite different. There is injury causing bodily harm where an arm is broken or someone is placed into a coma. The seriousness of those two offences are quite different.
I wonder if my hon. colleague could emphasize what the hybridization classification does and does not do, and it does not take away the ability for a prosecutor to look at the seriousness of the offence and apply the applicable sentences. I wonder if my hon. colleague could reiterate that in the time he has left.
Ali Ehsassi Liberal Willowdale, ON
Mr. Speaker, my hon. colleague has made a very significant point. As we know, court delays have been a very significant challenge and problem, and we thought that it was imperative that we take the necessary steps to address this. The point to bear in mind is the system of reclassification would certainly reduce court time consumed by less serious offences and at the same time allow us to redirect limited resources to the more serious ones.
Marilyn Gladu Conservative Sarnia—Lambton, ON
Mr. Speaker, it is a pleasure to rise in the House and speak to Bill C-75, an act to amend the Criminal Code, the Youth Criminal Justice Act and other acts and to make consequential amendments to other acts.
It is disappointing to again see the Liberal government bring in a 300-page omnibus bill after the Liberals specifically said in their campaign promises that they were not going to do that. However, a broken promise a day seems to be the order of the Liberal government.
That said, let us think about what we are trying to accomplish in our judicial system and then look at how Bill C-75 may or may not fit into that.
What we first want to do in our criminal justice system is define the behaviour that is criminal. We want to say which things are not acceptable in Canadian society. That would be goal number one. Goal number two would be to make sure that appropriate punishments are established to deter people from perpetrating these crimes. We want to make sure that we have those appropriate punishments defined. We want to make sure that victims rights are protected, that we are not just focused on the criminal but we are also focused on making sure that victims rights are protected. Then we want to make sure that whatever rules we decide, we actually enforce them in a timely way.
I think that is really what we want to get out of the criminal justice system.
If we look at the Conservative record, everyone in Canada well knows that the Conservatives want to be tough on crime. We want to ensure that if people commit crimes, they do the time. We want to make sure that people are not just let off the hook.
If we look at the Liberals' record on this, it is not quite so clear. In fact, I would argue that the criminals seem to be making out very well under the Liberals.
The first issue is the Liberal government's failure to appoint judges so that cases could be tried in a timely way. According to the Jordan principle, if they are not tried in a timely way, within two years, those people will go free. We have seen murderers and rapists having their cases thrown out of court because there were not enough judges being appointed. Clearly, that is a failure of the Liberal government. We are in the fourth year of a four-year mandate and there are still vacancies, which is causing cases to continually be thrown out.
If the government were responsible, at some point it should have taken a look at perhaps more minor crimes. For example, if it thought that it was going to legalize marijuana, perhaps any of the charges with respect to possession of marijuana that were in the system could have been punted in order to focus on prosecuting more serious crimes, like murder and rape. However, that was not done.
The other thing we saw is that the Liberal government is continually trying to soften the penalties for crime.
Today, in Canadian society, it is a crime to disrupt a religious ceremony or to threaten a religious official or cleric. The Liberal government tried to put Bill C-51 in place to take away those protections with respect to worship and the clerics. There was a huge outcry across Canada. I know that all the churches in my riding wrote letters. There were many petitions that were brought forward. There was a huge outcry from Canadians, so the government backed off on that. Now we see that the government has brought this back under Bill C-75 as one of the things the government wants to reduce sentences on to a summary conviction, which would be less than two years in prison or a fine for obstructing or violence to or arrest of an officiating clergyman. It seems a little bit sneaky that the government heard a clear message from Canadians to back off and then it tried to slide it into another bill. That is not a good thing.
Let us look at some of the other crimes that are now considered in Bill C-75 to be minor and subject to a judge's decision on whether or not they get a fine or a summary conviction of up to a two-year maximum.
One is prison breach. Really, somebody who breaks out of prison is going to be given a fine. That should not even be an option. Municipal corruption is another thing on the list, as is influencing or negotiating appointments or dealing in offices. We have already talked about obstructing or violence to clergymen.
Another is impaired driving offences causing bodily harm. It is unbelievable that at this particular moment in time, when the Liberals have just legalized marijuana and every other jurisdiction has seen a tripling of traffic deaths due to impaired drug driving, they would decide that this crime is less serious and people might be able to get off with just a summary conviction or a fine.
Regarding abduction of a person under the age of 16 or abduction of a person under the age of 14, what is a more serious crime than kidnapping a child? I cannot imagine. To give that person a fine or a summary conviction just seems like there is no moral compass whatsoever.
It is interesting that polygamy is on the list. We have not had a lot of trouble. Polygamy has always been illegal in Canada. Why are we now saying that we would reduce the penalty for polygamy and make it a fine?
What about forced marriage? I was at the foreign affairs committee yesterday, and we had testimony from the Congo, Somalia and South Sudan about the dire situations there and 50% of girls being forced into child marriage and what a horrendous impact that had on their life. The Liberal members of the committee were sitting there saying, “Oh, this is a terrible thing.” However, here in our own country, we have decided that the penalty for forced marriage is going to be a fine or a less-than-two-years summary conviction. It is ridiculous.
Arson, for a number of reasons, is now on this list and is not considered that serious when in fact it drives up the cost of insurance and it takes people's homes. It is obviously a serious crime.
Participating in the activities of a criminal organization is now on here as not being that serious. The government members have been standing up, day after day, talking about trying to eliminate organized crime from Canada. Now if people are part of organized crime, apparently that is not a serious offence.
Therefore, Bill C-75 does not meet what we said we wanted to meet originally in our justice system. We wanted to talk about the appropriate punishments that need to be established to deter crime. That is not what is happening here.
In addition to all of those things, we see that there are other changes recommended in this bill. There is the repealing of the victim surcharge changes that were brought by the Conservatives. It is important that we protect victims' rights and that there is a fund that will help victims in some way after they have suffered a crime.
Removing the power to have a youth tried as an adult is a bit concerning to me. There are some very heinous crimes where the judges still need to have the ability to do that.
Delaying consecutive sentencing for human traffickers was an important law that was brought into place under the Conservative government. We have a huge issue with human trafficking. From my riding to Toronto, there is a huge ring. If someone were caught human trafficking, it would not be just one life that was impacted. There would be hundreds of girls involved. The consecutive sentence allowed individuals to be sentenced for each one of those victims and not get out of prison for a very long time, for what is a heinous crime.
I always like to say what the good things are that I like about the bill as well as the things that I do not like. I see in here that the only increases in penalties are for repeat offenders on intimate partner violence. I am glad to see that because the government has been totally inadequate in its response to violence against women. As the former chair of the status of women committee, we studied and found that one in three Canadian women suffers from violent acts in her lifetime. It has been disappointing to see that the current government, while pledging $400 million in the last budget for StatsCan to steal people's private information, gave $20 million a year to address the problem of violence against women. That has been totally inadequate. At least the Liberals have done something in this bill to try to move forward on that.
In summary, I would say that this bill has not met the objectives. It has not helped put penalties in place. In fact, I would argue that it would erode the penalties that people would receive.
I call on the justice minister to do her job, to appoint the justices who are missing and to put in place punishments that fit the crime. I have brought numerous petitions to the House on Bill C-75 to just eliminate it.
The Liberals talk about trying to get wait times down. They could get wait times down by not trying any criminals and not putting any of them in prison. That would get the wait times down, but it would not achieve what we want in our justice system, which is to define the crimes and to define adequate punishment and ensure that they are enforced in a timely way.
Celina Caesar-Chavannes Liberal Whitby, ON
Mr. Speaker, my hon. colleague talked about hybridization. She named a number of different offences and talked about them being reduced to only a fine or less than a two-year sentence. I want to clear the record. Hybridization does not take away the authority or ability of the prosecution to look at the seriousness of a crime.
The member mentioned kidnapping. For example, if there is a custody battle, the child is taken by the other parent, and the first parent calls police to say the child is missing, that is kidnapping. It is also kidnapping when a child is lured into a vehicle and taken away for ill intentions. Those are two kidnapping offences. I would leave it for lawyers to decide that one is less serious than the other. Hybridization looks at the totality of the crime and allows the justice system to decide the seriousness of the crime and if it should be a summary conviction or an indictment.
Does my hon. colleague not trust the justice system and the professionals therein to assess the seriousness of crimes and apply appropriate convictions, thereby keeping our communities safe?
Marilyn Gladu Conservative Sarnia—Lambton, ON
Mr. Speaker, do I trust the criminal justice system? We have just seen an example where a convicted child killer was moved to a healing lodge with no fence and where children were present. Therefore, no, I do not trust the criminal justice system to make adequate decisions. We have also seen criminals let out on weekends with weekend passes and reoffending. I do not think the protections in place are being enforced properly and I certainly do not want them to be weakened even further.
I do not think we want to get into an argument about whether one type of kidnapping of a child is minor compared to another type of kidnapping of a child. Kidnapping of a child at every level is offensive. It is a crime and should be punished to the maximum.
Harold Albrecht Conservative Kitchener—Conestoga, ON
Mr. Speaker, I thank my colleague for her good work and standing up for victims in Canada. On this side of the House, our priority is to stand up for victims.
In my riding, in the member's riding and other members' ridings, we have all heard from MADD Canada, Mothers Against Drunk Driving, which has major concerns about the incidence of drunk driving on our roads, often resulting in bodily harm or death. Within the last few weeks in the House, we have heard of family members who have died as a result of drunk driving. We need to take this seriously.
I would ask my colleague to comment on the application of the reduction of the penalties for impaired driving causing bodily harm in Bill C-75, what the negative impacts of that could be and, if she has time, comment on whether she is hearing the same thing from MADD Canada in her riding or from other constituents who have expressed concern about the weakening of this provision.
Marilyn Gladu Conservative Sarnia—Lambton, ON
Mr. Speaker, I thank the member for Kitchener—Conestoga for always standing up for victims and their rights.
When it comes to impaired driving, whether alcohol or drug impairment, absolutely Mothers Against Drunk Drivers is outraged, but even beyond that, Canadians are outraged. We know that with the legalization of marijuana, we can expect a doubling or tripling of traffic deaths due to impaired driving. An Ipsos poll came out yesterday that talked about how 30% or 40% of Canadians who consume cannabis admitted they drive right after consuming cannabis. This is totally unacceptable. The government has abdicated its responsibility in terms of providing sufficient public education to make sure people do not drive while high and reducing the penalty reinforces the message that it is okay because people will only be fined.
Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC
Mr. Speaker, I am pleased to rise today to speak to Bill C-75.
There is no doubt that we need to modernize our criminal justice system, and in order to do so, we need to amend the Criminal Code, the Youth Criminal Justice Act and other acts. Some of the issues that must be reviewed are the lengthy pre-trial delays, changes to how administration of justice issues are managed, legislative changes, as well as judicial case management. However, in my humble opinion, the most important amendment has to do with how the justice system deals with certain accused persons.
Some groups, like indigenous peoples, minorities and people with mental illness or substance abuse issues, are overrepresented in our criminal justice system. These groups are among the most vulnerable members of our society, yet they are sometimes treated unfairly by the justice system. One could even say they are treated with hostility. Our justice system cannot treat different people differently. This is unacceptable, and it has been going on for a very long time.
Bill C-75 allows us to correct these inequalities in the justice system. Complainants who wait years to testify and witnesses who want to move on and get back to a normal life have no choice but to wait because of delays in the system. These delays interfere with their need to feel safe and the justice system's mission to maintain public order. Then there is the matter of the accused who wait years to be declared innocent or those who commit heinous crimes but end up walking away because of the dysfunctional system.
I am running out of time, so I will focus on the issue of bonding. This is an aspect of criminal law that directly affects the presumption of innocence. This fundamental concept is protected under section 11(d) of the Canadian Charter of Rights and Freedoms. The Charter guarantees that any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal. Section 11(e) of the Charter provides that any person charged with an offence has the right not to be denied reasonable bail without just cause. Section 7 of the Charter states that everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
When it comes to bail, everyone should be fully entitled to their charter rights. Every one of us must receive equal treatment in accordance with the Charter of Rights and Freedoms and other laws. Unfortunately, that does not always happen. For example, defendants who live in remote communities are disproportionately affected by the existing bail system. Statistically, poverty, unemployment and substance abuse are more prevalent among people who live on reserves, and, as a result, they own very little. Bail is also required of people who have to travel from their remote communities to big cities because the judicial system does not serve their hometowns. How are these people supposed to come up with bail? When the financial burden is so great, is that not a violation of people's charter rights?
That is why Bill C-75 is so important. It would allow for less burdensome conditions of release for those who are already disadvantaged compared to other members of society.
This will also help break the cycle of the most vulnerable Canadians being overrepresented in the justice system.
Another reason that Bill C-75 is very important is because it deals with remote appearances. This bill would bring the system in line with current technology and all of its benefits. It would be invaluable to have access to audioconference and videoconference technology, allowing all parties involved in the process, including judges, to participate.
It would be helpful if accused persons could participate via these types of technologies instead of having to fly in from remote communities, which takes considerable resources. These technologies would alleviate the financial burden on society and give accused persons better access to justice. Furthermore, complainants would not have to travel from their remote communities, since they could use these technologies to seek justice.
Courts would have discretionary powers and would consider the individual circumstances of each case, so these technologies could be used for individuals to appear remotely at each stage of the justice process.
The reason for the amendments to remote appearances is to help ensure the proper administration of justice, which includes fair and efficient criminal proceedings, while respecting the right of the accused to a fair trial and to a full and complete defence, as guaranteed by sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms.
If we take another look at plea bargaining, a lot can go wrong. For instance, the accused will often plead guilty in order to minimize the cost of their defence. Those living in precarious situations are less likely to properly defend themselves. This once again demonstrates the need for Bill C-75. It is very sad to think of an innocent person pleading guilty because it is faster and cheaper.
Clause 270 of the bill highlights an important fact. Many vulnerable people are not always aware of the magnitude of their actions and decisions. This can include adolescents, aboriginal people, minorities and people who want to avoid the stress of long delays before the trial. They are more likely to plead guilty for those reasons.
In addition to the provisions set out in section 606 of the Criminal Code, the amendment would require judges to be satisfied that the facts presented support the charge before accepting a guilty plea.
Bill C-75's modernization of the bail system also includes changes regarding intimate partner violence. It is unfortunate that not until recently the matter of intimate partner violence was not given the attention it warranted. The changes to the criminal justice system in this aspect are in keeping with our government's commitment to give more support to those who have faced domestic violence.
Statistically, intimate partner violence is the most common form of violence reported to the police. One in two women face intimate partner violence. This is a dire statistic. It means that 50% of our female population has been victimized while in an intimate relationship. Those who are already vulnerable, such as the elderly, trans, people with disabilities and the indigenous population, face these things in a difficult way. One time is one time too many when people who are accused of intimate partner violence are given bail and go back and attack the very same partner. This reason alone demonstrates to all of us the urgency in having intimate partner violence directly addressed during bail hearings.
The amendments I have mentioned are crucial for the protection of those facing such forms of violence. For all of these reasons, I support 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.
Michael Cooper Conservative St. Albert—Edmonton, AB
Mr. Speaker, the hon. member spoke about the reverse onus for offences related to intimate partner violence. That is a step in the right direction. We on this side of the House fully support that aspect of Bill C-75. However, it seems like for every step forward that the government makes, it takes two steps backward.
On the issue of violence against women, could the hon. member speak to the fact that under Bill C-75 offences such as forced marriage or administering a date rape drug are now being reclassified as hybrid offences, in other words, less serious offences? Therefore, yes, one step forward, but it seems many steps backward when it comes to standing up and defending the rights of women.
Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC
Mr. Speaker, I thank my hon. colleague for his passion regarding our justice system. It is always with great fascination when I listen to him speak.
Our government has taken a very strong stance against intimate partner violence and violence against women. It is very important that these procedures, when it comes to bail hearings, go through.
Our Minister of Justice listened during many consultations and took part in many consultations with experts. Therefore, she has the tools she needs to push the legislation through. The problem with intimate partner violence is that, unfortunately, it has not decreased. It is sad to see a woman living in fear of her life every day. Therefore, these parts of our amendments would be helpful to women in the future.
Arif Virani Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.
Mr. Speaker, I thank my colleague for her important contribution to the debate on Bill C-75. She outlined an important component of the bill, which is the access to justice component. I would like her to comment on another component of the bill that addresses an issue for the community she represents in Montreal and the community I represent in Toronto, and that is the overrepresentation of certain groups in the justice system. We know indigenous Canadians, black Canadians and other racialized groups are overrepresented in the justice system. The bill would treat administration of justice offences differently. These are offences such as breaching curfews when those curfews do not allow people to get to their places of employment because they have to work at night, for example.
Could the member comment on how we are changing the administration of justice offences so people are no longer criminalized for things such as breaching a bail condition and how that assists the marginalized communities that exist in Montreal and in other cities across the country?