Bill C-3

An Act to amend the Criminal Code and the Canada Labour Code

This enactment amends the Criminal Code to, among other things,
(a) create an offence of intimidating a person in order to impede them from obtaining health services, intimidating a health professional in order to impede them in the performance of their duties or intimidating a person who assists a health professional in order to impede the person in providing that assistance;
(b) create an offence of obstructing or interfering with a person’s lawful access to a place at which health services are provided, subject to a defence of attending at the place for the purpose only of obtaining or communicating information; and
(c) add the commission of an offence against a person who was providing health services and the commission of an offence that had the effect of impeding another person from obtaining health services as aggravating sentencing factors for any offence.
It also amends the Canada Labour Code to, among other things,
(a) extend theperiod during which an employee may take a leave of absencefrom employment in the event of the death of a child and provide for the entitlement of anemployee to a leave of absence in the event of the loss of an unbornchild;
(b) repeal the personal leave that an employee may take to treat their illness or injury;
(c) provide that an employee may earn and take up to 10 days of medical leave of absence with pay in a calendar year; and
(d) authorize the Governor in Council to make regulations to modify, in certain circumstances, the provisions respecting medical leave of absence with pay.

Criminal Code

[Lisa Marie Barron, NDP, Nanaimo—Ladysmith, BC]

Madam Speaker, since the beginning of the pandemic, the Conservative Party has not pushed for nor won anything for workers. In fact, the Liberals and the Conservatives have consistently opposed paid sick leave. For almost two years, the Conservatives did nothing to push for 10 days of paid sick leave.

Why did the Conservatives abandon workers when they needed help? Have they now seen the light in supporting 10 days of paid sick leave?

[Earl Dreeshen, Conservative, Red Deer—Mountain View, AB]

Madam Speaker, the bill sets a floor for paid sick days, with 10 days for federally regulated private sectors such as airlines, banks, telecoms, etc. We are looking at this. It is something that of course we would need to study at committee to find out whether it really affects a lot of people. That is one of the things we have been told.

It might make some difference, but the intent would be to push it back onto the plate of the provinces for them to have to worry about. If we want to respect all levels of government, we should make sure they are in that discussion as well.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, I appreciate my hon. friend and colleague's comments regarding the irony that the government, which promised a number of elections ago to never introduce omnibus legislation, is in fact addressing two very, very different types of issues within this bill.

The member for Kingston and the Islands said earlier that it was not important to address access to other critical infrastructure such as pipelines, ports and maybe schools. It is unfortunate to see that the bill does not go further in ensuring that Canadians can not only have access to their workplaces and health care, but can also feel safe going to other critical infrastructure across our country.

[Earl Dreeshen, Conservative, Red Deer—Mountain View, AB]

Madam Speaker, one thing we need to be aware of, which is part of the discussion of course, is how we will pay for some of the things we have. When we have the overall discussion about trying to keep our economy going, comments like the one the member mentioned are really to the point.

When it comes to what we are going to do to look at these particular circumstances, that is what we have in front of us and it is the thing we will have to deal with today.

[Martin Shields, Conservative, Bow River, AB]

Madam Speaker, it is an honour and always a privilege to rise in this House. This is the first time that I have been able to do this in the 44th Parliament. This being my first official speech, we all need to remember that there are 338 seats in this House and every seat is a great seat, other than yours, Madam Speaker. That one is special and we understand that the Speaker has that exception and a different seat.

Please allow me to give thanks to the many people who helped me earned the trust of the great people of the Bow River riding for the third time, particularly my family for their support.

Allow me to indulge a little and share some of the great things I am proud of in my riding. There are 60 communities covering approximately 24,000 square kilometres and home to over 115,000 proud Albertans. Bow River is truly a pearl of the country because of the people in this riding. We are fortunate, for example, to have the largest irrigation districts in Canada. Irrigation ag farms make up 4% of the arable land in Alberta, but they produce 28% of the Alberta ag GDP.

It is an energy-rich area. When the railroads were built through in the early 1980s, they would have had camp fires to cook their food. They would have done a little digging and found they had more fire than expected. This was not because of the wood, because there was a lack of wood in the Bow River riding, but because of the natural gas so close to the surface. They had huge fires to cook with just by poking in the ground. This riding is rich in natural resources.

When people talk about electric vehicles, the proponents need to understand that these types of vehicles have much more plastic than the current ones that we drive. Where is that plastic going to come from? It will come from natural resources.

There are new technology investments in our riding. The largest solar farm is being built in this riding. There is carbon capture, utilization and storage. There is drilling for helium, which my friend's rig is doing in my riding currently. I will be visiting it soon to see how they are drilling for helium. It is much better than having his rigs working in Texas. They are working here. However, he is short of truck drivers, which is a challenge these days in my riding. On the horizon, clean energy projects like hydrogen are coming.

However, my riding has not been without strain, especially in the last few years. Urban Canadians need to understand where their food comes from; no, not just from a grocery store. I have a very upscale farming operation that grows heritage carrots and tomatoes in my riding. During the summer, they provide tours. On one of those tours, they dig the carrots and give them to the people to eat. The owner of this property was really set back when someone said, “I have never eaten anything that has come out of the ground before.”

Food ag producers and natural resources are not located in urban Canada. About 60% of this country's infrastructure, the roads and bridges, are in rural Canada, like the Bow River riding. Rural riding infrastructures bring production to urban ridings to consume and export. That is in the Bow River riding. The government and urban people need to understand this much better. The work we have done for the betterment of this nation has been thanked with demonization of Albertans and energy, and the castigation of our farmers and ranchers.

During COP26, there was an academic who said we should not have cattle on the great Prairies of North America, we should grow trees on it. They have to be kidding me. The buffalo mowed that Prairie land for thousands of years, it grows Prairie grass, and he thinks they can have trees on the Prairies. It is a challenge when people do not understand the environment in my riding.

Nevertheless, our people are steadfast in their pursuit of achievement, bold in their ambition, and caring for their neighbours and friends. We have some large populations like centres in Chestermere, Strathmore, Taber and Brooks, and also smaller villages and hamlets like Milo, Looma and Patricia. If someone has not gone to the Patricia bar, they should go. It is an experience in itself. I am proud to call this exceptional riding home and represent this riding in the House.

I see my friend for Kingston and the Islands is wondering if I am going to talk about Bill C-3, and yes I am going to. Bill C-3 is an act to amend the Criminal Code and the Canada Labour Code regarding protests and medical leave.

In 1935, the Alberta Health Insurance Act was the first Canadian health insurance act to provide public funding for medical services. It is considered an early step toward the medicare system and toward laying the groundwork for the 1969 universal health insurance program.

The history of nursing in our province dates back to 1895 where programs to train nurses began close to the Bow River riding at the Medicine Hat General Hospital and at the Calgary General Hospital. The success of these training programs led other Alberta hospitals to bring their own training programs. By 1915, there were 10 programs in existence across Alberta. These training programs prepared nurses to work in both hospital settings and private practice. Today, nursing is both a degree and diploma program offered in universities and post-secondary institutions across the country. They provide specialized training for these careers that are so vital to our health care system, which brings me to the issue regarding the legislation before us.

Canada's protection for the freedom of peaceful assembly is enshrined in our charter and in our legal status. In recent years, it seems as though we have seen the lines between peaceful protests and riot being blurred. However, it is important to note that peaceful protest is a right.

I have experienced some of those challenges that we had in the 1960s. I remember being on Parliament Hill in 1967 in a protest against the Vietnam War. Not long after that, I was in Detroit where the riots basically destroyed much of that city, and some of it has never recovered. These riots had to do with the Vietnam War and civil rights issues in the 1960s. I saw, numerous times in the United States, where it degenerated from protest to riot.

Speaking of nurses and doctors, my neighbour is a nurse who just retired in the last month. Over the years, I had the opportunity to have many conversations with this nurse. She is a fantastic person and a great neighbour with stories of working in the health system, and it was a challenge during COVID. This is a person who was in charge of the ER and saw the challenges before COVID in emergency care and during the COVID pandemic in the ER. We had conversations about the challenges, and it was always interesting and gratifying to listen to her commitment to the patients in our community.

My doctor, Dr. Erik, is one of many who came from South Africa, and whom I have known very well from the first day he came. Dr. Erik, his wife and small child had to leave South Africa with nothing, because South Africa would not allow them to bring anything. Both sets of grandparents were left behind in South Africa. Dr. Erik is not only my doctor, but he is committed to the community and service in the community. Our rural GP doctors are incredible with the services they provide. During COVID, there was a lot of stress and many challenges.

Respect of law and having some moral high ground would presume that protests should not be occurring in front of health buildings. We saw people out banging pots at different times of the day, we saw the parades and we saw the banners, but we also saw people getting more restless during the pandemic, not knowing which way the rules were going. It was a frustrating time. However, protesting in front of hospitals may prevent those who really need to access this critical piece of Canadian infrastructure from getting the care they need, which is the critical piece for me.

I trust my health care friends and neighbours. In the election campaign forums, I spoke in anger against hospital and health facility protests. We do not have laws to protect, but I want to stand to say again in this place: Do not protest at health facilities or against our health care workers.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, I heard the member speak a little about Bill C-3, but I was really intrigued about the comments he was making before that. The reason I had my face in my hands when he looked over at me was because I was thinking about the comment he made about how electric vehicles, and I drive one, use a lot of plastic to make. Indeed, that is the case. There is no doubt a lot of petroleum products go into that process.

Does the member not agree that with incredible human ability we might be able to strive to develop new technologies that do not require petroleum or does he think we are just inevitably forever stuck in this state of needing oil? Does he not think that perhaps we will be able to evolve our way out of this dependency?

[Martin Shields, Conservative, Bow River, AB]

Madam Speaker, one of the things we have always talked about regarding industry is transition. The guys with the buggies and the buggy whips transitioned.

One of the things we do know is natural resources will be used for decades. What I know is in my riding and in my part of the country, those resources are huge in the amount of GDP they create for our country and our citizens.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I want to congratulate my colleague from Bow River. I had the pleasure of serving with him on the Standing Committee on Canadian Heritage last year, and I have a great deal of respect for him, even though we differ on some issues.

My colleague from Bow River mentioned that he trusts the health care system, health professionals and his doctor and is opposed to protests against health restrictions outside health care facilities. Do his views on prohibiting demonstrations and the obstruction of health professionals also apply to other areas of care? I am thinking, for example, of abortion clinics. Does he agree that these rules should also apply to people trying to enter abortion clinics?

[Martin Shields, Conservative, Bow River, AB]

Madam Speaker, I served on committee with my colleague and we had many different comments to make, and many of which we agreed on. We also share a common name, which is also great.

As I stated earlier, I have been involved in protests. I know how to carry a placard. It is a critical charter right. We have to be able to guarantee people have the right to lawfully protest against things they feel are not right for them, but they need to do it in a lawful way.

I learned a long time ago throwing rocks at windows and breaking things unlawfully does not further the cause. We need to do it respectfully, like the debate we have in this particular forum.

[Lisa Marie Barron, NDP, Nanaimo—Ladysmith, BC]

Madam Speaker, I always appreciate the opportunity to learn more about the uniqueness of other ridings and the constituents' needs within those ridings.

Unfortunately, people know the Conservatives have always made life harder for working people. Constituents in my riding of Nanaimo—Ladysmith still remember the Conservatives getting in the way of unemployed workers who need help.

Can the member name one single gain his party has made for workers since the pandemic began?

[Martin Shields, Conservative, Bow River, AB]

Madam Speaker, I thank my colleague for learning more about constituents in our country. A great thing in this particular forum is that we are able to learn about where our colleagues are from and about life in their particular part of Canada, because it is a great country. When she talks about what I do, I will give her this: I was a negotiator for a union and negotiated a lot of things for employees.

[Taleeb Noormohamed, Liberal, Vancouver Granville, BC]

Madam Speaker, I will be sharing my time with the member for Nickel Belt.

Before I begin my formal comments, I would like to tell the member for Bow River that he does indeed represent a beautiful riding. I have enjoyed many trips to his part of the country, and it is a beautiful part of Canada.

I am thankful for the opportunity to discuss Bill C-3, an act to amend the Criminal Code and the Canada Labour Code, which I am proud to support. As we continue the fight against COVID-19, this legislation is particularly important. It is important because it protects federally regulated workers when they get sick with 10 paid sick days. It is important because it serves to protect those who have served tirelessly and continue to do so, preserving and protecting the health of each and every one of us.

The Criminal Code amendments proposed in this bill have become an unfortunate necessity given the behaviour of a small number of Canadians who are not supportive of the public health measures put in place to protect the health and safety of our communities and to ensure our future recovery.

The vast majority of Canadians have shown tremendous appreciation, gratitude, kindness and support for our health care workers, just as all members of this House have done and continue to do. They, like us, believe in the right to peaceful protest, but those out there who have chosen violence and intimidation have put the mental and physical well-being of our health care workers at grave risk.

I am certain that many members of this House find it hard to fathom that at a time like this, during a pandemic, when health care workers have given everything for us, in some cases their lives, that anyone would threaten or harass them as they try to care for us. I find it difficult to understand why anyone would seek to obstruct their fellow citizens from getting vital treatments, whether for critical emergency cases, cancer treatments or necessary surgery.

My riding of Vancouver Granville is home to many of Vancouver’s health care workers and hospitals, such as Vancouver General Hospital, BC Women’s Hospital and Health Centre and BC Children’s Hospital. It is the epicentre of British Columbia’s health care infrastructure. Those who work in the health care field seek nothing more than the ability to do their jobs safely.

This summer, my community, Vancouver Granville, was ground zero for anti-vaxxers and anti-maskers, who harassed and threatened health care workers and patients at VGH. They endangered the safety of our exceptional health care workers by making threats, inciting others to violence, obstructing passage into health facilities and intimidating patients from accessing vital health care services. In short, they decided to put themselves, and their selfish views, ahead of their fellow Canadians. This type of behaviour is intolerable, particularly at a time when access to health care services is more essential than ever before. We cannot have our health care workers driven from their profession due to unsafe working conditions.

Like many in this House, I have spoken to health care workers in my riding who have shared the unacceptable violence and harassment they have experienced on the job. One nurse told me that she had never, in 23 years, feared for her life until this summer. Trying to get through a protest to her shift, she was jeered, called a sheep and a traitor. She was coughed on, pushed and physically prevented from entering VGH. She told me that she does not want to be made a hero. She just wants to be able to do her job safely.

Another health care worker, a recent immigrant to this country, told me he thought that in Canada we believed in science and in taking care of one another. That was why he escaped to come to Canada for a better life. He said he just could not believe what he was seeing around him. He shared that he had been harassed verbally, shoved while trying to help a doctor get through to the doors of the hospital and had his mask ripped off his face a number of times.

These are the kinds of acts that the existing Criminal Code and the proposed measures in Bill C-3 target. No Canadian should fear for their safety when seeking or providing health care services, especially those who have been on the front lines of the COVID-19 pandemic. The incredible health care workers at VGH, the BC Women’s Hospital, the BC Children's Hospital, and all facilities across Vancouver Granville and Canada, deserve our gratitude, our care and our protection.

While the pandemic is the immediate context of concern, these forms of harmful conduct in the health care sector are not new. Studies show that health care workers experienced high rates of on-the-job violence long before the pandemic. We know this problem is widespread and well established. The measures proposed in Bill C-3 aim to provide better protection for these workers and to secure safe access to their services of all of us who depend on them.

The measures proposed in the bill are designed to strengthen existing protections in two primary ways. First, two specific new offences are being added to the Criminal Code. The first new offence is intended to prevent intimidation of health care workers when they are performing their duties and of individuals requiring care or obtaining a health service.

The second new offence would prohibit obstructing any individual from entering a health care facility, because every Canadian has the right to unimpeded access to health care services.

The second set of measures would add aggravating sentencing factors, because the health care sector has advocated for years to protect its workers in the event of assault.

These measures respond to the concerns of health care workers across the country. As we continue to address the evolving challenges of COVID-19, we need to support our health care workers by ensuring they have an accessible and safe working environment, one free from harassment, intimidation and violence.

The COVID-19 pandemic has put a major strain on our health care system. We must ensure that the people who work in this sector can continue to provide critical care to keep Canadians healthy and safe. This is exactly what these Criminal Code amendments would do.

I would be remiss not to mention again another important piece of this bill, which would ensure that all federally regulated workers would have access to 10 paid sick days. No one should have to make the difficult decision between going to work sick and not feeding their families. Paid sick leave would provide vital support to workers, their families and the health of our communities, as we continue to face new challenges in the fight against COVID-19.

Access to paid sick leave is crucial to our economic recovery and to strengthening the social safety net Canadians rely on. Together, these measures would help Canadians as we come out of this pandemic.

I know all members of this House care deeply about our health care workers, and I ask each and every member of this House do what we know is possible and come together across party lines to pass this important piece of legislation without delay.

Through this pandemic, we have referred to our health care workers as heroes. Now let us do our part to protect them.

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Madam Speaker, one of the concerns I have is for those people who are working with a federal contract and ensuring that they too are covered by this.

If a person under a federal contract were to go out and work, would they still be protected?

[Taleeb Noormohamed, Liberal, Vancouver Granville, BC]

Madam Speaker, I do not know the answer to that question, but I am sure we will be able to get back to the hon. member with an answer.

If we are working together on this legislation, we should be able to protect those workers as well.

[René Villemure, Bloc, Trois-Rivières, QC]

Madam Speaker, Bill C‑3 is obviously very interesting. I would like to add a few comments to the debate. Health care workers have risked their lives and overcome danger to protect us.

It is unacceptable for the majority to be controlled by a certain minority that wants to rule the streets. In this case, health care workers need to be protected. The right to demonstrate is very important. It is a form of freedom of expression that we hold dear. However, one part of the population cannot be held hostage for the sole purpose of expressing disagreement that is not unanimous.