Bill C-5 (Historical)

An Act to amend the Judges Act and the Criminal Code

This enactment amends the Judges Act to restrict eligibility for judicial appointment to persons who undertake to participate in continuing education on matters related to sexual assault law and social context. It also amends the Judges Act to require that the Canadian Judicial Council report on seminars offered for the continuing education of judges on matters related to sexual assault law. Finally, it amends the Criminal Code to require that judges provide reasons for decisions in sexual assault proceedings.

Public Safety

[Dan Mazier, Conservative, Dauphin—Swan River—Neepawa, MB]

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

I rise for the 33rd time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The community of Swan River is overwhelmed with alarming levels of crime because of the Liberal government's soft-on-crime laws, such as Bill C-5 and Bill C-75.

Jail has become a revolving door for repeat offenders. With Bill C-75, violent offenders could be in jail in the morning and back on the street the same day. With Bill C-5, criminals could serve their sentences from home.

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

[Dan Mazier, Conservative, Dauphin—Swan River—Neepawa, MB]

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

I rise for the 31st time on behalf of the people of Swan River, Manitoba, to present a petition on the rising rate of crime. The community of Swan River is consumed with unprecedented levels of crime because of the government's soft-on-crime laws, like Bill C-5 and Bill C-75. Bill C-5 allows criminals to serve their sentences from home, and Bill C-75 allows violent offenders to be in jail in the morning and back out on the street in the afternoon. The people of Swan River are calling for jail, not bail, for violent repeat offenders.

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

[Pierre Poilievre, Conservative, Leader of the Opposition]

Mr. Speaker, here are the actual facts: Bill C-5 keeps mandatory prison sentences. They were already in place, put there by the previous Conservative government; they were not created by Bill C-5. What Bill C-5 did was bring in house arrest for career car thieves, so they could watch Netflix or perhaps play Grand Theft Auto in their living room and then go out onto the street and steal another car whenever they want.

Will the Prime Minister follow my common-sense plan to end house arrest for career car thieves?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, the Leader of the Opposition likes to make base political accusations. He likes to talk about Bill C-5 and Bill C-75 as the reason there is auto theft in this country. The reality is that Bill C-5 is the bill that keeps mandatory minimum penalties for car theft on the books, and Bill C-75 is the bill that raises the maximum penalty on car theft.

We have continued to step up in terms of keeping Canadians safe. We will continue to invest in the CBSA and in the resources necessary to counter these challenges. We will keep working based on facts and evidence.

Opposition Motion—Auto Theft

[Larry Brock, Conservative, Brantford—Brant, ON]

Madam Speaker, I will be splitting my time with the member for Kamloops—Thompson—Cariboo.

Imagine someone waking up in their home, their castle, where they should feel safe at all times, pouring their morning cup of coffee and looking out the window at their driveway, only to realize that their prize possession, their family vehicle that was parked there the night before, is now gone. After eight years of the Prime Minister, this has become a situation all too common for Canadians.

We have heard other stories of victims being robbed in parking lots and in front of their homes, some held at gunpoint in broad daylight. We will remember the story of Toronto Maple Leafs' Mitch Marner being held at gunpoint while his vehicle was stolen. Others have had criminals break into their homes searching for the keys to their vehicles.

According to the Insurance Bureau of Canada, on average, more than 200 vehicles are stolen every day, meaning that a car is stolen almost every six minutes in Canada. I cannot do the quick math, but members can imagine the number of vehicles stolen since the start of this debate. During my 10 minutes of debate and five minutes of questions and comments, another three vehicles will have been stolen. This is the result of the failed approach of the Prime Minister's soft-on-crime agenda.

How did we get here? We got here due to a number of important decisions made by the Prime Minister and his government, starting with Bill C-75, which allowed repeat offenders to get bail, often within hours of their initial arrest, and reoffend multiple times, sometimes on the same day, leaving police powerless to stop car thieves. Then, after criminals are convicted, the Prime Minister's reckless Bill C-5 allows them to serve their sentences in the comfort of their own homes. We all know that those who serve conditional sentences are not monitored on a regular basis, so repeat car theft offenders, while serving their sentences at home, are out on the streets creating more havoc and stealing more cars.

I have said many times in the House that criminals in this country are laughing at the government. They love the soft-on-crime approach. We all know Canada is now a haven for car thieves, for organized crime to thrive, for money laundering and human trafficking. That is the legacy the Prime Minister is leaving for Canadians.

After eight years of his soft-on-crime policies, the Prime Minister has created an auto theft crisis in Canada. Auto theft in the GTA alone is up 300% since he took office. Additionally, statistics tell us that, since he formed government, auto theft is up 190% in Moncton, 122% in Ottawa-Gatineau, over 106% in Montreal and over 60% in Winnipeg.

It is the responsibility of the federal government to reduce auto theft as the primary prevention tools, including the Criminal Code, the RCMP, the CBSA and our port systems, are all under the federal government's jurisdiction. However, as a result of the mismanagement of these prevention tools, organized crime has taken over our ports, turning them into parking lots for stolen vehicles, which are then shipped overseas.

The port of Montreal, a major hub for stolen vehicles to be shipped out of Canada, only has five CBSA agents to inspect the over 580,000 containers that leave the port each year. According to Le Journal de Montréal, one law enforcement agent said the CBSA has no resources to check containers and they check less than 1%, making it clear that the increase in auto theft is directly related to Liberal mismanagement. It is costing Canadians far too much.

In places such as Ontario, insurance companies are set to increase premiums by 25% this year. As reported by Équité, it is estimated that $1 billion in vehicle theft claims were paid out in the year 2022 alone, and these costs are being passed down to drivers.

What is the Liberal plan? We have been hearing about this great summit, where all the stakeholders are going to gather and talk about the problem and the solutions. Maybe in another two years from now, we might see solutions.

As per our foreign affairs minister, she proudly announced to the whole world that Canada is known for convening. That is all we hear about with the government. There is meeting after meeting, summit after summit, and no action.

To stop the increase in crime rates and reduce auto theft, today Conservatives are calling on the government to immediately reverse the changes to the Liberal government's soft-on-crime Bill C-5, which allowed for car-stealing criminals to be on house arrest instead of in jail. We want to strengthen the Criminal Code provisions to ensure repeat car-stealing criminals remain in jail, following the principles of both general and specific deterrents in the Criminal Code, and provide the Canada Border Service Agency and our ports with the resources they need to prevent stolen cars from leaving the country.

I asked the vice-president of inspections of the CBSA today at committee how he could explain having only five agents. He said that the CBSA does not have the resources or the funding, and that if it had to inspect every container, our trade system would completely shut down. That is small comfort to victims of auto theft crime in this country, but it is a pleasing announcement for the thieves out there because, not only are our cars being shipped abroad, but also we are accepting containers from countries in Asia loaded with deadly drugs such as carfentanil and fentanyl, which are poisoning our Canadians.

As the member for Brantford—Brant, I can speak to these issues personally, as my community has had over 600 vehicles stolen between the years of 2022 and 2023 alone for a population of just under 100,000 people. Sadly, it does not have the necessary funds to put into fighting car theft.

We heard from the Minister of Justice and Attorney General of Canada numerous times. The justice minister can speak all he wants about how he and his Liberal colleagues are hitting organized crime where it hurts, “funding the fight against crime” and “working with police, provinces [and] ports”, but the facts are the facts. He cannot change the fact that over 80,000 vehicles were stolen in Canada in the past year alone.

The minister and his Liberal colleagues have consistently taken a dismissive stance on pressing issues. Just last summer, they brushed off concerns about rising crime rates, suggesting that Canadians were imagining the problem.

What is our solution? The Prime Minister's reckless policies have caused an explosion of car thefts and made our communities dangerous, and the only action he has taken to fix this mess is to hold a summit. We do not need another summit. We need a common-sense plan to stop the theft and the crime.

The solution is simple. It is the first plank of our Conservative plan to hit the brakes on car theft. To combat this Liberal oversight, Conservatives will go after the real criminals by restoring jail, not bail; increasing mandatory jail time; ending house arrest for car thieves; and increasing sentences for gang-associated car thieves.

This is a pressing and urgent matter that Public Safety has a mandate to review thoroughly. Canadians cannot wait for the summit to produce results. It is time for the government to move beyond conferences, meetings, announcements and press conferences, join Conservatives and show up for Canadians.

I call on all members of the House to support our motion. Help us put the brakes on auto theft once and for all, protect our communities and bring home safer streets for all Canadians. That is just common sense.

Opposition Motion—Auto theft

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I was really surprised to see the Liberals issue a press announcement that talked about the huge increase in car theft since they were elected in 2015. It is interesting that they did nothing about the problem, other than make it worse with Bill C-75 and Bill C-5, until we started raising the issue. Now the Liberals' answer is a meeting.

Would the member agree that this is simply not enough?

Opposition Motion—Auto Theft

[Arpan Khanna, Conservative, Oxford, ON]

Mr. Speaker, that is very rich coming from the Bloc when its members supported these catch-and-release, soft-on-crime bills, like Bill C-75 and Bill C-5.

Quebec alone has seen a 50% increase of auto thefts in the last few years. Instead of standing up, joining the common-sense Conservatives and supporting our motion to help those in Quebec, he is not. It is time that the Québécois stand with our party, stand with Canadians, and start putting the rights of victims first, not the criminals.

[Melissa Lantsman, Conservative, Thornhill, ON]

Mr. Speaker, I will be splitting my time with my colleague and good friend, the member for Oxford.

Since 2015, the Liberals have pursued a systematic agenda of dismantling Canada’s judicial system and undermining the rule of law in this country. They have not only done so with their repeated ethics violations and blatant disrespect for the charter but have also done so through more legitimate means, like through acts of Parliament. Thanks to Liberal bills that passed under a former justice minister, committing crimes has become easier and more common than before.

It seems that under the current minister, the streak will continue, given the responses we have heard in the House already, along with some colourful language of course. At every step of the way, Liberals have placed the rights of offenders over the rights of victims, and their woke, out-of-touch ideology over common sense and safety.

With respect to deterring crimes, the Liberals' Bill C-5 eliminates mandatory minimum sentences for dangerous crimes such as robbery with a firearm, sexual assault and drug trafficking. There are others. Not only that, but it also allows hardened criminals to serve their reduced sentence in the comfort of their own home, to serve time while watching TV in their living room, sleeping in their own bed and enjoying the privileges that all those who have not committed crimes enjoy.

With respect to arresting criminals, the catch-and-release practices now mean that it is nearly impossible to keep dangerous offenders in jail for more than a few hours. They are then released back into the world, free to commit crimes, sometimes even the same crimes and on the same day, over and over again. The revolving door spins, cycling through a rotation of hardened, merciless lawbreakers who face no accountability. They are free to break the law over and over again, putting the public at risk and propagating unnecessary harm on communities, innocent victims, families and neighbourhoods.

Finally, with respect to prosecuting criminals, after eight years of the Liberal-NDP incompetence, the government has decayed our justice system and made it just a shell of its former self. It takes months to get a court date. Resources have been stretched to the limit, which makes it harder to catch criminals, and it is harder to keep them accountable. Therefore it is no surprise that our streets are more dangerous and that Canadians are worried that their once-safe neighbourhoods are subject to crime, chaos, drugs and disorder. Every single day we see new, outrageous headlines about individuals who are putting communities in danger and about a system that is failing Canadians.

Just last week, a 43-year-old man stabbed a total stranger with a syringe in broad daylight in downtown Toronto. The man was out on bail for previous assaults and has had more than 40 convictions in his lifetime, including failure to comply with the court and failure to attend court dates. The incident was in the middle of the day in Toronto. However, thanks to the Liberal policies, we know he will get bail one more time and that the cycle will continue again and again.

Stories like these add up; that is what makes Canadians feel unsafe. It is not just a feeling; it is based on empirical data and evidence. The stories not only add up to broken communities, broken victims and broken families; they also a story about the state of our country. Since 2015, gang crimes have doubled and violent crime is up 37%. Canada’s murder rate is the highest it has been in 30 years, since the last time there was a Liberal government in power, and nowhere is the story more out of control and more apparent than when it comes to auto theft.

Too many people wake up, look out the window and see that their car that was sitting in their driveway the night before is no longer there. It is gone. It was taken while they were sleeping in safe communities like mine, where, at one time, nobody locked their front door. Since 2015, car thefts have tripled in Canada. More than 100,000 vehicles are being stolen every year, including nearly 10,000 in Toronto alone. That means that every six minutes in Canada, a car is stolen. Gangs and criminals profit from the criminal activity and use it to finance even more criminal activities, like more car theft, arms trafficking, human trafficking and drug trafficking.

Do not listen to me; the Prime Minister actually admitted it in his own press release. It costs every Canadian who drives almost everywhere more to pay for this. It cost the insurance industry a billion dollars in 2022. Everyone in the province is now paying more to drive. In Ontario, car theft claims, just in the first half of last year, were up 329%. That accounts for $700 million in losses. It means $130 more for every Ontario driver on insurance.

Why is this happening? Let us lead ourselves back to the dangerous catch-and-release policies that unleashed crime and chaos in communities. Bill C-75 allows repeat violent offenders to be released on bail within hours of arrest. They then often re-offend. Last year, even Mayor Steven Del Duca, who is the mayor of Vaughan and probably a familiar name to many on the other side, wrote to the Prime Minister, calling on the federal government to urgently modernize Canada’s bail system to ensure that dangerous offenders are kept off our streets for committing crimes ranging from gun violence to home break-ins and auto thefts.

The mayor wrote to Canada’s then public safety minister, asking about auto theft specifically and asking that CBSA protocols be tightened for screening and inspection of exports leaving our country. It fell on deaf ears. There was nothing until last week from the government's member of Parliament who represents a riding in Vaughan. The letter was written in January, after the problem got so out of control that the council had to step in to demand action for something it had been asking for.

For what happens after offenders have been convicted, the government did not let it stop at Bill C-75. Bill C-5 gives convicts house arrest, even those with long, storied histories of stealing multiple cars. This means that they can just walk out their front door, be on the streets again and start stealing cars and terrorizing neighbourhoods when they are done doing whatever they do in the comforts of their own homes.

One last thing is that the federal government controls our ports, the places where organized crime is taking place: en route to federal ports and at federal ports. Stolen cars are waiting at federal ports to be shipped overseas.

It is time for a new approach. It is time to start increasing mandatory jail time to deter the actual crime and not to have people keep doing it over and over again. We propose three years for three thefts, and of course ending house arrest for car thieves while also increasing sentences for gang-associated car thieves.

Police, insurance associations, community groups and business organizations have been sounding the alarm bell about this for years. Our own constituents send us videos of it happening right in their front driveway, but their concerns have fallen on the deaf ears of the Liberal government, which in the meantime still continues to stand with lawbreakers instead of with law enforcement.

Now the calls have reached a breaking point, and the Liberals are finally going to do something about it. What is that something? Are they going to increase the punishments? No, they will not. Are they going to end catch-and-release policies that turn repeat violent offenders back onto our streets? Are they going to crack down on the incompetence at Canadian ports that allows thousands of cars? Nope, they will not.

They are going to have a summit. They are going to sit around a table. They are going to have a meeting. They are going to come out with a press release. They are going to take some photos. They are going to talk about it, after eight years, this problem that has gotten out of control.

They had a summit on food prices; food prices went up. They had a summit on housing; housing prices have doubled. I can hardly wait to see the results from this summer. In fact, I think Canadians would beg them not to have a summit. Instead, they should start cracking down on the violent offenders, keep them behind bars when they re-commit, stop the house arrests and actually get serious about fighting crime in every single neighbourhood across the country.

[Tim Uppal, Conservative, Edmonton Mill Woods, AB]

moved:

That, given that,

(i) after eight years of soft on crime policies, this Prime Minister has created the auto theft crisis,

(ii) according to the Liberal government’s own news release, auto theft in Toronto is up 300% since 2015, and Statistics Canada data shows auto-theft is up 190% in Moncton, 122% in Ottawa-Gatineau, 106% in Montréal, 62% in Winnipeg, since 2015,

(iii) the Port of Montreal, a major hub for stolen vehicles to be shipped out of Canada, only has five Canada Border Service Agency (CBSA) agents to inspect the 580,000 containers that leave the port each year, according to the Le Journal de Montréal, with one law enforcement agent saying, “CBSA has no resources to check the containers, they check less than one per cent of containers”,

(iv) it is the responsibility of the federal government to reduce auto theft as the primary prevention tools, including the Criminal Code, the RCMP, the CBSA and our port systems, which are the federal government’s jurisdiction,

(v) the increase in auto theft is costing Canadian drivers as insurance premiums are increasing, and in Ontario, insurance companies are able to increase premiums by 25% this year,

(vi) a report by Équité estimates $1 billion in vehicle theft claims were paid out in 2022, and these costs are being passed down to drivers,

in order to stop the crime and reduce auto theft to lower insurance premiums, the House call on the government to:

(a) immediately reverse changes the Liberal government made in their soft on crime Bill C-5 that allows for car stealing criminals to be on house arrest instead of jail;

(b) strengthen Criminal Code provisions to ensure repeat car stealing criminals remain in jail; and

(c) provide the CBSA and our ports with the resources they need to prevent stolen cars from leaving the country.

Madam Speaker, I will be splitting my time with the member for Mégantic—L'Érable.

After eight years of the Prime Minister, Canada is becoming less and less safe. Violent crime, car theft and gun crime have unleashed chaos and disorder in our communities. Crime, chaos, drugs and disorder are common in our streets now, and the Liberal government is responsible for making this situation even worse.

Since the Liberal government was elected in 2015, there has been a 34% surge in car thefts across Canada. The Insurance Bureau of Canada says that auto theft has become a national crisis, with more than 200 vehicles stolen, on average, every day.

The explosion of car thefts is making life even more unaffordable for Canadians. In 2022, car thefts cost the insurance industry over $1 billion, resulting in higher insurance costs for every Canadian on their insurance premiums. In Toronto alone, auto theft crime is up by 300% and in other Canadian cities, it is over 100%.

While the NDP-Liberals say that they care about the safety of Canadians, they have had no real solutions to the rising auto theft crime across the country. In fact, their only real solution we have heard so far is to host another fancy meeting in Ottawa. They are calling it the auto summit. That means more meetings and no solutions.

The Prime Minister let this auto theft crisis happen under his watch. His reckless policies have allowed car thefts to explode in our communities and right across the country. His only action to fix this is to hold another summit. Last week, in his own press release, the Prime Minister admitted it was not like this before the Liberal government took office in 2015. We can all agree on that one.

Canadians do not feel safe in their communities and on the streets, but the Liberal justice minister and Attorney General told Canadians that this is just in Canadians' heads and that the increasing crime is empirically likely. Here are the facts. Violent crime is up 39%. Gang-related homicides are up over 100%. Violent gun crime has steadily increased every year and now, it is over 100% since 2015. Murders are up 43%, the highest in 30 years. The crime wave that the Liberal government has caused is not imaginary. It is real, and Canadians are experiencing it in every way.

We continue to see news stories of violent crimes committed by repeat offenders who are out on bail. According to a report published last week by the Macdonald-Laurier Institute, violent crime is only getting worse and “Canada's violent crime severity index”, which tracks changes in the severity of violent crime, is “at its highest [level] since 2007.” During the last Conservative government, the violent crime severity index, decreased by 24.66%. Under the Liberal government, it has increased by basically 30%. A recent Statistics Canada report shows that the rate of firearm-related violent crime in 2022 was at the highest level ever recorded, a nearly 10% increase from 2021 alone. According to Edmonton police, the number of shootings in 2023 went up by 34%.

After eight years of the Prime Minister, Canadian businesses across the country are now being extorted by international gangsters. In January, the Toronto Sun reported that the mayors of Brampton, Ontario and Surrey, British Columbia sent a letter to the Minister of Public Safety saying that they are “deeply concerned for their communities due to [these] threats” and that “recent reports from their provinces have confirmed links between...extortion attempts and violent acts, including shootings” and arson.

The Edmonton Police Service now reports it is “investigating 27 events related to an ongoing extortion series that has affected [a number of members of] the...community in the Edmonton region since October, including...extortions, 15 arson cases and seven firearms offences.” Businesses and family homes are being shot at in Edmonton. Over a dozen houses that were under construction by different home builders were burned to the ground just since November. While the police are doing their job and are catching these criminals, the Prime Minister's soft-on-crime legislation, such as Bill C-75, allows them to be released within hours of their arrest.

These reckless soft-on-crime policies benefit only the thieves, the criminals. In fact, only criminals are getting rich under the Liberal government. The Liberals' Bill C-5 eliminates mandatory prison time for serious crimes such as this. It allows them to serve their sentence in the comfort of their own home. The government has shown more concern for the criminals than for defending our communities. It has eliminated mandatory prison time for criminals who commit robbery with a firearm, weapons trafficking and drive-by shootings.

The reckless policies have made police powerless in stopping career car thieves and other criminals. In today's Canada, a convicted criminal can just walk out the front door and be on the streets again, stealing cars and terrorizing neighbourhoods soon after they have been arrested. It is no wonder that more and more Canadians are losing faith in our justice system. In fact, only 46% of Canadians still have confidence that their government will protect them. To make matters worse, the Liberal justice minister is failing to appoint enough judges to handle the cases, resulting in an increased number of cases that are being stayed or withdrawn. The Liberals are just not worth the cost.

The Liberals' mismanagement has allowed organized crime to turn our federal ports into parking lots for stolen vehicles that are then shipped overseas. The port of Montreal has become a major hub for stolen vehicles to be shipped out of Canada. Despite that, it has only five CBSA agents, who inspect 580,000 containers that leave the port each year. In a recent article out of Montreal, a law enforcement agent said that CBSA has no resources to check containers and that they check fewer than 1% of them. This is completely unacceptable given the current car theft crisis happening in Canada. I want to remind the Prime Minister and the government that the RCMP, the Criminal Code, the Canada Border Services Agency are all federal responsibilities. It is their responsibility to reduce auto theft as the primary prevention tool.

Conservatives have a common-sense plan to bring back safe streets and protect our communities. We must hit the brakes on car theft with common-sense Conservative tough-on-crime policies. Our Conservative plan would make prison time mandatory for repeat car thieves. Repeat offenders should not be allowed to serve their sentence in their living room, watching Netflix. We would put a stop to house arrest for convicted car thieves, toughen sentences for gang-related car thieves and eliminate the Liberal soft-on-crime bail policies for repeat violent offenders.

Conservatives will go after the real criminals by restoring jail, not bail. The NDP-Liberals have allowed career car thieves back on our streets to continue spreading chaos and disorder. Common-sense Conservatives will ensure that repeat criminals are where they belong: behind bars. A Conservative government will not go easy on organized crime thieves. It would designate a new, specific aggravating factor where the offence of motor vehicle theft is committed for the benefit of organized crime. We would increase mandatory prison time from six months to three years for a third auto theft offence. Conservatives will not stand silently by as our communities are terrorized by criminals who should be in jail, not on bail.

A common-sense Conservative government will ensure that repeat violent offenders remain behind bars while awaiting trial and will bring back mandatory jail time for serious violent crimes, which was repealed by the Liberal government. Common-sense Conservatives will put a stop to auto theft, protect Canadians' property and bring home safer streets. That is just common sense.

Fall Economic Statement Implementation Act, 2023

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, this is a difficult moment for me, not because I had to find a new seat near the exit, not because it took me two tries to get to Ottawa because of the fog and not because I come from an Irish family of criers, but because it is really a moving moment for me.

I want to thank the member for LaSalle—Émard—Verdun for the friendship we have developed in the House. He has a great record of accomplishment, about which he spoke, but I want to point out something someone asked me on the plane last night, and that was how I could go to work in such a negative place. My response was that, unfortunately, all people see is question period, which is theatre, where people have other agendas they are pursuing, but they do not see the hard work that goes on behind the scenes, the co-operation and the friendships that are built. I really meant that, and the member for LaSalle—Émard—Verdun is a great example of this.

I made a quick list, because I had 15-minutes notice that I had this opportunity, on the number of things he and I worked on together and his willingness to take action to ensure we improved the justice system in Canada, in particular for indigenous people and the work he did on Bill C-5 to reduce mandatory minimums, which fall very hard on the most marginalized in our society.

He mentioned the conversion therapy ban. His work with the leader of the Conservatives and all parties meant we were able to pass that ban unanimously, something which I remain very proud of the House for doing.

He worked on Bill C-40, with which we are not quite finished, on the miscarriages of justice commission. Again, miscarriages of justice fall very hard on the most marginalized, particularly indigenous women. My pledge to him is that I will work as hard as I can to get that done, hopefully by the end of this month. We only have a couple of days, but I think we can get that done.

He also helped shepherd medical assistance in dying legislation through the House when I was initially the NDP critic. This was the most difficult issue in my 13 years here because of the very strong feelings on all sides of the issue. The minister always demonstrated his ability to listen, to be empathetic and to try to find solutions that would keep us all together on this very important issue about reducing suffering at the end of life, not just for the person but for the families of people who need that assistance at the end.

One last one is that I approached the minister about the publication ban on survivors of sexual assault and how many of them felt stifled by the publication ban. He asked what we could do to fix it. Eventually he agreed to add the ability to lift the publication ban in Bill S-12, and it came to the House. This was an example of how, when I approached him with an idea and a problem, he always looked for solutions and a way to bring us all together.

I know he will continue to contribute to Canada once he leaves the House, though I am not sure in exactly what way or if he is sure in exactly what way. He is one of the finest members of Parliament I have ever had the privilege to work with, and I thank him for his contributions here.

Criminal Code

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

moved the second reading of, and concurrence in, amendments made by the Senate to Bill C-48, An Act to amend the Criminal Code (bail reform).

Mr. Speaker, I thank the hon. members. I am very pleased with the progress of Bill C‑48 in both Houses, and I am happy to be speaking to it again here.

This bill will strengthen our bail laws so they continue to protect our communities and maintain public confidence when it comes to violent repeat offenders and weapons offences.

I will start by briefly reiterating the bill's intent. I will then describe the amendments proposed by the Standing Senate Committee on Legal and Constitutional Affairs. Lastly, I will lay out the government's position on these amendments.

This bill demonstrates our government's commitment to public safety and my commitment to public safety. We will always fight to ensure that our communities are protected from violent crime. Families have been forever changed because of senseless killings.

I want to take this moment to express my sincere sympathies to victims of violence and their loved ones. A 16-year-old, Gabriel Magalhaes, was fatally stabbed at a subway station in my own riding of Parkdale—High Park. This terrible act should never have occurred. We need to do address crime, as well as what causes crime, to stop future violence from occurring.

Bill C-48 is the culmination of extensive collaboration with provinces and territories, with which I have been working very closely. All 13 premiers came together and called for bail reform. We responded to this call and went even further in Bill C-48.

In addition to the premiers, Bill C-48 has received support from municipal leaders, police groups and victims' organizations right across the country, from coast to coast to coast. I am pleased to see such incredibly widespread support for a measure that would ensure Canadians can live free from fear of violence.

I am also grateful for the discussions we have had with national indigenous organizations on the topic of bail reform. Their views help us better understand how we can keep indigenous communities, and all communities, safe. I look forward to continuing my collaboration with representatives of these important organizations.

I also want to take a moment to acknowledge and recognize that members from all parties passed Bill C-48 unanimously in the House back on the first day of the fall session, on September 18. It was clear then that all of us recognized the importance of these measures. I am very hopeful that we can maintain the same unanimity of purpose today.

Public safety is paramount. It is fundamentally why all of us were elected to this chamber. Every member of this chamber wants the communities that we represent to be free from violence. I thank my colleagues for their support to date and I hope I can count on it today and going forward.

On this side of the House, we also commit to maintaining public safety while looking also at tackling the root causes of criminality. We need more mental health resources so that people in crisis do not resort to violence. I say this on a day when we have just launched the 988 suicide helpline. We need social services to help offenders reintegrate safely into their communities after serving their time. We need treatment options for those struggling with addiction so that they do not get mired in conflict. Investing in long-term solutions to crime is a core belief of mine and of our Liberal government.

Too often, I have heard fearmongering for political gain from people in this chamber. We need solutions; we do not need finger pointing. We need investments in long-term safety. We need evidence-based legislation. I challenge my colleagues to join me in supporting community investments so we can stop crime at its root.

I will now discuss the substantive changes proposed in Bill C-48. Canadians expect laws that both keep them safe and respect the rights enshrined in the charter. In Bill C-48, I believe we have struck that balance.

Bill C-48 is a targeted approach to stopping repeat violent offenders. The bill proposes amendments to the reverse onus bail provisions in the Criminal Code to make it more onerous for certain accused persons to receive bail. A reverse onus does simply this. It shifts the burden of proof at a bail hearing from the Crown to the accused. This means that there is a presumption that the accused will be detained unless they can demonstrate to the court that they should be released because they do not pose a significant risk to public safety, are not a flight risk or that their release would not undermine the confidence of the public.

What Bill C-48 would do is add a reverse onus provision to ensure greater scrutiny of cases involving repeat violent offending with weapons. For this reverse onus to apply, the accused must, one, be charged with a violence offence involving the use of a weapon. Two, they must have been convicted in the last five years of a violent offence involving the use of a weapon. Three, both the offence charged and the past offence must have a maximum term of imprisonment of 10 years or more. This threefold criteria would encourage courts to focus their attention on those who present a higher risk of reoffending at the bail stage of criminal proceedings.

Second, four firearms offences would be added to the reverse onus provisions that currently exist. This proposal has the broad support of law enforcement agencies right across this country, from literally every province and territory. It would implement the call from all 13 premiers of three different political stripes to add a reverse onus for the offence of possessing a loaded prohibited or restricted firearm. What we would be adding to the premiers' request is unlawful possession of a loaded or easily loaded prohibited or restricted firearm, breaking or entering to steal a firearm, robbery to steal a firearm and making an automatic firearm. Anyone involved in those offences would be subject to the same reverse onus.

This bill would also clarify the meaning of a prohibition order at the bail stage. A reverse onus at bail currently applies to accused persons charged with offences involving firearms or other weapons where they are subject to a weapons prohibition order. This bill would make absolutely clear that a prohibition order includes a bail condition prohibiting an accused from being in possession of firearms or other weapons.

The other changes proposed by Bill C-48 relate to considerations that courts must make in their bail decisions. This bill would require bail courts to consider if the accused person's criminal record includes a history of convictions involving violence regardless of whether the accused is subject to a reverse onus.

In addition, Bill C-48 would add a further requirement that bail courts expressly consider the safety and security of the community in relation to the alleged offence when making a bail order, in addition to the safety and security of any victim who is involved. This would ensure that specific concerns from smaller municipalities, indigenous communities and racialized or marginalized communities are taken into consideration at the bail hearing. That directly responds to what we heard, particularly from small communities in Canada's north, including small indigenous communities in the north, which wanted their needs reflected and views heard at such bail hearings.

Let me now turn to two changes the Senate is proposing to make to this bill.

The first proposal of the Senate relates to an amendment that would require a statement in the record of proceedings as to how a justice or justice of the peace considered section 493.2 of the Criminal Code. This section states that, when making a decision relating to bail, courts shall give particular attention to the circumstances of indigenous accused and accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining bail.

This is a mandatory provision that requires courts to turn their minds to these circumstances anytime they make a bail decision. What the Senate is doing is doubling down on that provision and emphasizing its importance. In terms of the overrepresentation of Black Canadians and indigenous persons in the criminal justice system, overrepresentation is a critical problem and I welcome this amendment.

The provision being cited by the Senate was originally enacted in 2019. Since then, many cases on the application of this provision have developed guidance for bail courts. It is clear from these cases that failing to adequately consider section 493.2 is an error of law that is a reviewable error. That said, the Senate heard from some witnesses that section 493.2 is not always considered and not always applied consistently despite there being a requirement to do so.

What the proposed amendment from the Senate would do is ensure that bail courts are fulfilling their obligations to consider these particular circumstances in every applicable case and recording that they have done so. This amendment would also be consistent with the preamble of Bill C-48, which currently reiterates “the need to consider the particular circumstances of accused persons, including those from populations that face disadvantages at the bail stage and are overrepresented in the criminal justice system”. In light of this, the government and I support this amendment and invite all members of this House to vote in favour of it.

Tackling the overincarceration of Black, indigenous and marginalized Canadians remains a fundamental priority for me and the government. We cannot accept a status quo in which marginalized groups are disproportionally incarcerated on account of systemic factors, including systemic racism and discrimination. To date, we have made progress on addressing this problem, including by removing multiple mandatory minimum penalties in the form of Bill C-5, which has already passed in the House.

There is always more work to do. I am proud of the work we have done on implementing assessments of the impact of race and culture and relaunching the anti-racism action plan, as well as the work that is ongoing on the Black justice strategy and the indigenous justice strategy. This is all fundamental to the work that will continue to be done to address systemic inequalities in the justice system.

The second amendment adopted by the Senate specified that this legislation be referred to a standing committee of the Senate for review at a future date. The effect of this amendment is that both the House of Commons and the Senate would be required to review the legislation five years after the act receives royal assent. I support this change as well.

I am encouraged by the speed at which we were able to reach a consensus in the House of Commons last time we studied this bill on September 18. I would suggest that we do the same so that the bill can be passed as soon as possible.

I would like to conclude by pointing out that bail is a responsibility shared by the federal, provincial and territorial governments. Every level of government has a role to play to make sure that our bail system works as intended. The government is doing its part, but non-legislative changes such as access to permanent housing and mental health and addiction support services are also key elements in improving our bail system.

I commend the work recently done in these areas, and I will continue to collaborate with all levels of government to make sure that the objectives of the bail system are achieved. I also undertake to make sure that we collect accurate and complete data on the bail system in Canada, and I will continue to work with our partners to that end.

Data sharing is essential for monitoring our bail system and ensuring it functions properly. I call upon provinces and territories to collect and share enhanced bail data. This will allow us to make evidence-based changes to bail law in the future.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, it is my pleasure to rise today to speak to Bill C-325, an act to amend the Criminal Code with respect to the conditional release system. This is the private member's bill of my friend and colleague, the member for Charlesbourg—Haute-Saint-Charles, and I am happy to support it for the few reasons I will detail in these remarks.

The main reason is that our criminal justice system needs a serious overhaul to prevent violent offenders from committing further violent crimes, and this bill would work to combat that societal harm. One of our Conservative Party pillars is to bring home safe streets. To do this, we need to take serious action to reverse the precipitous rise in violent crime that has transpired over the last eight years with the Liberal government.

Data from Statistics Canada in August indicated that the national homicide rate has risen for the fourth consecutive year and is now at its highest level since 1992. This is largely due to gang violence. Violent crime is up for the eighth year in a row. The per capita victims of violent crime have increased 60% since 2013. Fraud is twice as prevalent as it was 10 years ago, and extortion is five times higher. It is a country-wide problem, not restricted just to our biggest cities. As an example, an article from the National Post from the past summer stated, “Reports from Newfoundland—which experienced one of the steepest rises in crime last year—reveal a growing sense of fear and abandonment among those living in St. John’s downtown core.” Our communities feel less safe. Crime, chaos, drugs and disorder are common, and the Liberal government is responsible for making the situation worse.

The common denominator here is the Prime Minister and his lenient approach to violent crime. The measures to reverse this trend in Bill C-48, which the House passed unanimously on September 18, were but a start to the serious overhaul necessary to create real change, to borrow a phrase from the Prime Minister, who used it eight years ago.

Bill C-48 does not go far enough to reverse the damage that the Liberals have done with their catch-and-release laws that let repeat offenders back onto our streets to cause more crime and chaos. It started with Bill C-75 and continued with Bill C-5, which had a soft-on-crime approach. That is why I am here to support Bill C-325, as it would take further measures to combat the violent crime waves.

Bill C-325's summary states:

This enactment amends the Criminal Code and the Corrections and Conditional Release Act to create a new offence for the breach of conditions of conditional release imposed in relation to certain serious offences and to require the reporting of those breaches to the appropriate authorities.

It also amends the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community.

Namely, Bill C-325 would strengthen the conditional release regime by creating a breach-of-condition offence in the Criminal Code at section 145, for breaches of condition on parole or statutory release. It would be an indictable offence and would be liable to imprisonment for a maximum of two years, or an offence punishable on summary conviction.

The bill would also amend the 1992 Corrections and Conditional Release Act to require parole supervisors to report breaches of conditions. It states that if a breach exists, parole supervisors must inform the Parole Board of Canada, the Attorney General and appropriate officials of the breach and the circumstances surrounding it. It is currently not the case that probation officers are required to report breached conditions. This provision would go a long way in reducing recidivism among violent criminals.

Bill C-325 would also restore the former version of section 742.1 of the Criminal Code, which was repealed in 2022 by the Liberals' Bill C-5. This would reintroduce a list of serious offences for which a shorter sentence of less than two years cannot be served in the community via house arrest. This includes kidnapping, sexual assault and some firearms offences. Bill C-5 should never have been allowed to pass, as it puts communities at risk with violent offenders serving sentences for serious crimes in the comfort of their own homes while watching Netflix. This includes, for example, drug traffickers serving their sentences at home. How convenient is that? This also includes sexual assault offenders who are serving their sentences in their homes in the communities where they have victimized and can now revictimize.

To avoid an argument from my opponents off the bat, I will say that this bill would not bring out stronger sentences or raise rates of incarceration for the sake of it. Breaches of conditions imposed during conditional release, which is after sentencing, are often committed by a minority of offenders. However, when parole conditions are breached, it can be frustrating and damaging to the victims of the crimes committed, not to mention to the community at large in which they live.

The Canadian Police Association said that it is important to effectively target repeat offenders because, as frontline law enforcement officers know all too well, a defining reality of our justice system is that a disproportionately small number of offenders are responsible for a disproportionately large number of offences. In fact, our leader, the member for Carleton, often cites the example of Vancouver, where 40 criminals were arrested a total of 6,000 times in a year.

It is important to note as well that offenders designated as long-term offenders would not be covered in this bill. They are already covered by breach-of-condition language in the Criminal Code.

We need this bill because of offenders like Myles Sanderson. He had been granted statutory release in August 2021, after serving a five-year sentence for assault, robbery, mischief and making threats. He had 59 previous convictions, one of which included assaulting a police officer. He had been charged for 125 crimes, with 47 cases filed against him in the province's criminal courts. He violated his parole conditions 28 times. In February 2022, following a hearing, the Parole Board did not revoke his statutory release despite these violations. He stopped meeting with his case worker in May 2022, which led the police to look for him. Unfortunately, they did not find him before he and his brother murdered 11 people and injured 18 others in a mass stabbing spree on the James Smith Cree Nation and in Weldon, Saskatchewan in September 2022. This horrific tragedy broke the heart of the nation and devastated these communities. It would have been utterly preventable had Bill C-325 been in place and Sanderson had been indicted for violating the conditions of his parole.

While it is important to minimize the potential harm to our communities, we must still respect the rights of those involved. The law currently provides that federal offenders sentenced to a fixed term of imprisonment be released under supervision when they have served two-thirds of their sentence. Statutory release is a statutory right and not within the Parole Board of Canada's decision-making authority. The conditions on parole that may be violated include a prohibition on communicating with a person, often a victim; being in a specific place; observing a curfew; not possessing a weapon; and not drinking alcohol, among others that may apply to the specific case at hand. Sanderson's parole conditions included a ban on weapons and a ban on alcohol and drugs. As records indicate, he had a history of drug use since the age of 14 and a history of rage and violence against his partner.

Tragedies like this can be prevented. Our justice system should not allow violent offenders to serve their sentences at home. This view is shared by several organizations, all of which support Bill C-325. The president of the Canadian Police Association, the Fraternité des policiers et policières de Montréal, the founder of Montreal's Maison des guerrières, the Fédération des maisons d'hébergement pour femmes, the Murdered or Missing Persons' Families' Association, the Communauté de citoyens et citoyennes en action contre les criminels violents and others have all expressed their support for Bill C-325. Tom Stamatakis, president of the CPA, says, “The Canadian Police Association has long advocated for statutory consequences for offenders who commit new offences while on conditional release, and this proposed legislation is a common-sense solution that effectively targets those very specific offenders.”

The bottom line is that we absolutely need to be doing more to protect our communities and increase public safety. This is not an issue of partisanship, but a shared need for action on a common goal: a safer and better Canada. We were elected here to uphold the principles of peace, order and good government, but we cannot claim that we are doing so if Canadians do not feel safe in their homes and communities. We have a responsibility to our constituents and the regions we serve. They deserve to be safe and protected. We need to bring home safe streets, and this bill would be an excellent stepping stone on the way to doing so.

I hope all my colleagues share this goal of increased public safety and that they vote to support Bill C-325 on its way to committee.

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, this legislation was a needed response to a Supreme Court decision, but I feel it could have gone further. It could have been tighter. There are a number of offences now that will not meet the threshold for inclusion in the registry, and there will be people who should have been included who will not be with the passage of this legislation.

Absolutely what happened with the issue around Bernardo's transfer is a travesty. It should have never happened. A witness came to us in our study on the government's obligation to victims of crime, and she said that in Canada we no longer have a justice system. We have a legal system, but not a justice system. I remember her words because I think of what happened with Bill C-75 to change our bail laws to create a revolving door that puts criminals back out on the streets. I think of the fact that Bill C-5 removed mandatory penalties for serious crimes against individuals. I also think of instances like the transfer that was put in place for Paul Bernardo. The government, by changing legislation, made that transfer inevitable. That is laid completely at the feet of the government. When it changed the law to put in a requirement that minimal holdings be implemented for each prisoner, it made that inevitable.

Absolutely we have a lot of work that needs to be done to protect our communities and to protect victims.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.

One of the things my hon. colleague highlighted is the fact that what we are dealing with is really a small piece of the overall crime pie. The pie itself, and the difficulty that we are in, really lies with the Liberal Party, whether it be Bill C-75 from the last Parliament, Bill C-21 or Bill C-5. We now have sexual offenders or people who have committed serious gun crimes who can serve their sentence from the comfort of their home.

I would ask my hon. colleague this: How much further do we need to go, and is this going to help in a meaningful and significant way?

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, listening to what the member was saying, one can easily draw the conclusion that the private member's bill is fully endorsed, supported and part of the Conservative agenda, with this “tough on crime” attitude Conservatives take on, particularly the far right Conservatives, which is somewhat concerning in itself.

I want to view it from a different approach, and I do not know how many times I heard this from the Minister of Justice himself, that serious crimes deserve serious consequences. There is no doubt the Government of Canada takes very seriously the issue of crime in our communities, our safety and so forth. The actions to date by this government have clearly amplified that.

The question I posed to the sponsor of the bill we are debating this evening was related to the issue of consultation and the work the member has done. Members will notice that, in the response to the question I posed, the member did not work with the different provinces and territories in consultation, or at least report specifically on the provinces' contribution to the debate or the bill the member has brought forward. I do not recall hearing the member say it was provinces X, Y and Z, or a territory or indigenous leadership community supporting the legislation being proposed by the member.

It is important that we recognize, when we talk about our judicial system, that it is a joint responsibility between the provinces, territories, indigenous leaders and Ottawa. To amplify that, I would suggest that one only needs to look at Bill C-48, which is a very important piece of legislation. Prior to it, Conservatives were jumping out of their seats saying that we had to get tough on bail reform, and all that kind of stuff. While they were jumping from their seats, the government was doing its consultations, listening and responding to what the provinces and others were saying about the issue of how we can work together to recognize the importance of having bail reform. There was an opportunity.

Not that long ago we had the discussion in the House. I made the suggestion, and it seemed that members on all sides of the House were supporting the initiatives being taken in Bill C-48. I even cited some very specific quotes because we all know that Bill C-48 is very much a reflection of not only what the provinces and territories in particular were saying, but also what politicians of different political stripes were saying, as well as law enforcement agencies and different advocacy groups. The government did its homework. It did it through consultations. I do not think anyone was coming forward, at least not that I am aware of, saying that conditional sentences should be outright turned into a criminal breach, if in fact there is a violation of a conditional sentence, no matter how minor it might be.

Again, I look to the introducer of the legislation and what we are debating with Bill C-325. Does he realize that, by making it a criminal offence, which is what the legislation is attempting to do, it could criminalize someone on a conditional sentence that does not fall under the Criminal Code? If so, does he not have any issues with that?

One has to question the issue of our judicial system and its independence. They often talk about Bill C-5, which is an important piece of legislation that ultimately enabled judges to have more discretion with things like conditional sentences. The legislation recognized that there are injustices, whether in Black or indigenous communities. There is overrepresentation, and we need to be open to alternatives.

I have more faith in our judges than I do in the Conservative Party members, who tend to want to use the Criminal Code or a tough-on-crime approach in order to generate more money for the Conservative Party of Canada or to appear on a bumper sticker. I believe, as I stated at the very beginning of my comments, that serious crimes deserve serious consequences. I also believe that having conditional sentences for people who do not pose any risk to the public can be a win-win.

Unlike the Conservatives, I recognize the fact that there is a revolving door. We need to recognize that when we lock someone up, eventually, they will come out. Looking at ways in which we can minimize crimes and prevent them from taking place in the first place should be a priority. It is a priority for the government—