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

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

Madam Speaker, a lot has been said today about the need for such legislation. However, given that it has come out of the rise of this anti-vax movement and people who are so dead set against accepting the realities of what is going on in our country right now, I have to be honest: I cannot help but think that some of it has to do with the fact that there are so many people out there who are willing to play footsies, so to speak, with the proponents of these conspiracy theories that suggest that their liberties are being taken advantage of.

I am curious to hear the member's comments on what he sees as a leadership role when it comes to the anti-vax movement. How important is it for members of this House to stand up and say what is right and what is wrong, and how important is it to lead by example?

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, the reality is that we need people to get vaccinated, and not just to protect each other. For example, in this place I am thinking about all the staff: the security, the pages and the clerks who are here. It is our duty to protect each other.

One part I really like in the legislation is about protecting health care workers at their workplaces so that people are not protesting outside of them. This is also about their patients and ensuring that people get safe access to the hospitals or where they need health services.

It is absolutely critical that we stand up and defend each other, and make sure that people are getting vaccinated and that we are protecting health care workers along the way. I appreciate the point the member made.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, I thank my colleague for his speech.

He mentioned that the bill is not quite good enough. I would like him to go into more detail about why it should be improved.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, it is a good question. There are a number of improvements. We want to ensure that workers do not have to wait 11 months to access 10 paid sick days. As I said, this would disproportionately impact women, for sure, and workers who have been outsourced.

With regard to ensuring that workers have access to their first day of sick leave after a continuous period of employment of at least 30 days, the goal of unduly delaying access to the first day of sick leave is not okay. The government needs to relax the requirement to provide a medical certificate so as not to discourage applications for sick leave. This has been supported by medical health professionals.

We need to listen to medical health professionals. The Liberals continue to not listen to medical health professionals in a timely fashion and it is costing lives. If they mean to table this legislation so that it actually benefits those whom it is targeting, they need to make sure they are listening to health professionals and need to do it in an expeditious way.

[Mike Morrice, Green, Kitchener Centre, ON]

Madam Speaker, is the hon. member for Courtenay—Alberni open to elaborating specifically on the point about women's participation in the workforce and paid sick days? Would he like to elaborate on an amendment that he thinks would improve the legislation?

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, I want to congratulate my colleague, as I have not had a chance to do that in the House.

I have articulated fairly clearly that women have been disproportionately impacted by COVID-19. Again, women are disproportionately more likely to do temp work and to be outsourced. That being said, they are going to be recycled through this and will miss the opportunity to get 10 paid sick days if they do not work for 11 months straight. We need to amend the bill so that workers do not have to wait 11 months and so they can do the right thing should they have signs and symptoms of COVID-19 or be exposed to it. They should not have to wait six months.

We cannot afford this, actually, as a society, and their workplaces cannot afford it. Certainly no one wants to go to work and potentially infect one of their colleagues with COVID-19.

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Madam Speaker, I remember very clearly that a couple of weeks into September, about a week before the election, we saw protests happening at the hospitals and health care centres across this country. As a brand new mom and a federal candidate, I remember thinking about how scary it would be if I were going into labour and trying to get to a hospital that was blockaded by protesters. I know many watched in horror as these protests happened all across the country.

In Alberta, we saw those protests happen at two of our major hospitals: the Royal Alexandra in Edmonton and the Foothills Medical Centre in Calgary. I am very proud to say that luckily we did not have any of those protests in my riding of Fort McMurray—Cold Lake at our amazing health centres and hospitals. However, we very easily could have.

One thing I am really proud of is that the Conservatives' campaign plan actually had a protection proposal for Canada, the critical infrastructure protection act. It would have prevented any protesters from blocking infrastructure such as hospitals, roadways, rail lines and pipelines.

As some members in the House have already pointed out in this debate, these protests are evolving. A few months ago the protests were happening in hospitals, but this weekend we saw protests in the West Edmonton Mall. We do not really know what the next place for these protests will be, and while I believe that all members on this side of the House support the idea of peaceful protests and understand that it is a fundamental right here in Canada to peacefully protest, many of these protests, unfortunately, have been very violent. It is these violent protests that are the problem.

I remember watching as traffic was being directed around the Royal Alexandra and the Foothills hospital. I watched it on the news. Police officers were allowing ambulances to get through, and I cannot imagine what that would have meant for me had I had a family member who was trying to access one of those hospitals at that point in time and was delayed in getting there. I think there is overall agreement on this, but the bill is a bit too narrow because we are only protecting certain small locations.

One thing that is critically important to do is thank our health care workers. Our health care workers have stepped up. They have brought us through this pandemic by smiling through their masks, by protecting us and by serving us to the best of their ability, often working extra shifts to make sure that all patients had the very best of care.

I am someone who is generally quite healthy and I do not go to hospitals. However, having been pregnant this last year, I probably went to the hospital more often than I had gone in the 10 years prior. I was very grateful that each and every time I went to the hospital, I was greeted by friendly, amazing health care workers who really did step up. That is one of the big pieces.

In my hometown of Fort McMurray, we saw countless acts of kindness toward our health care centre, the Northern Lights Regional Health Centre. At the very beginning of the pandemic, flooding hit the community of Fort McMurray and hundreds of people stepped up, filled sandbags and protected the hospital from flood damage. We saw people putting the needs of the many well ahead, and it was spectacular to watch.

We also had some pretty unexpected health care heroes who stepped up and helped us in a way that really hit close to the heart of so many, me included. We had help come from far away. We had a team of seven spectacular health care workers: two doctors, four nurses and one nurse practitioner. They flew to Fort McMurray all the way from Newfoundland and Labrador to help us in our surge capacity.

We welcomed them with open arms. We did everything we possibly could as a community to make sure these health care professionals knew they were supported and welcomed in our community. I think there needs to be more done in general to show our thanks.

I remember chatting with Brian, a constituent of mine, during the campaign. He decided that he was going to show his support for our health care workers, so he and his company bought hundreds of donuts from Tim Hortons on the National Day of Truth and Reconciliation and brought them to our hospital to thank our nurses and doctors. He said it was a double win because the money went toward amazing charitable organizations to help further truth and reconciliation, and it was a tangible way of thanking our nurses and health care professionals. Little acts like the one by Brian need to be done more often. We need to show kindness, compassion and a level of respect.

I am blessed to have some amazing friends who are nurses working at our hospital. They are always there. I know many of them have given up their evenings and weekends and have taken on extra shifts. They do that gladly because they are there to serve.

I think of one particular friend, Katie, and all of the amazing work she has done in going from team to team to make sure that our health care centre, our hospital, has all of the nurses in the right places at the right time and with the right training. I think about the nursing students who joined our hospital before finishing all of their schooling so they could help in our time of need. It is these kinds of things that really are important. It is about compassion and kindness, and they need to be shown. Often when these protests were happening, they turned quite violent, and respect and kindness were not witnessed. It is therefore critically important to make sure we find a balance so that peaceful protests can happen.

However, I do not think a hospital or health care centre is necessarily the best place to have protests of any form, to be perfectly clear. Most people who go to hospitals are not going because they choose to go, unlike our health care workers. Most people are going because they are under some kind of duress or in distress. They would rather not be there, so seeing these protests probably does not make their lives any easier.

The bill, as some of my colleagues have mentioned, is a bit of an omnibus bill that clashes together many pieces, and I think we should bring it to committee to explore all of its different pieces and consider its intent. I have heard some great speakers on the other side explain some of the rationale behind the bill, but I really think it would benefit from further exploration at the committee stage to ensure that we are always putting forward the best possible legislation for all Canadians so we can serve Canada as a whole.

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

Madam Speaker, I congratulate my colleague on being a new mother. I understand she was previously in the Alberta legislature, so I welcome her to the House.

When we talk about what fuels the individuals who engage in harassment-type activities in front of hospitals, I cannot help but think there are certain elements about this relating to the roles that leadership play. I think of the new caucus that has been formed in the Conservative Party, the liberty caucus. I wonder what the member's thoughts are on that caucus and what it tends to promote. Does it fuel the rage and frustration of the people who participate in these activities?

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Madam Speaker, I think the member's question was very misplaced, but I will thank him nonetheless.

Our caucus has shown a great deal of leadership, as have all members of the House, in following all of the rules and acting with that leadership space. I was previously a member of the provincial legislature in Alberta. I shared some of my personal medical history. I actually got my first dose of the vaccine when I was 20 weeks pregnant. I very proudly did so, because I thought it was important for women across the province of Alberta, as well as across the country, to see that their leaders were making those decisions. Based on medical advice that I had received from my health care team, I made that decision. I encouraged others to talk to their doctors. That is one of the things I think is really important: to make sure that everyone is taking that time.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, unless I missed something, it is hard to determine whether our Conservative colleagues are going to vote for or against Bill C‑3.

After all, there are a few contradictions. The English-language media has been reporting that the Conservatives consider it unnecessary to amend the Criminal Code. In the French-language media, however, we sometimes heard the member for Mégantic—L'Érable bring up the notion of prohibiting demonstrations near hospitals and key infrastructure like railroads or pipelines, which is part of the Conservatives' platform.

Furthermore, we have not really heard anything from the Conservatives about the proposed 10 days of paid sick leave. I would therefore like to know if my colleague can shed a little more light on these issues, because I would really appreciate it.

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Madam Speaker, during the last election campaign, we included protecting critical infrastructure such as hospitals, pipelines, highways and railroads in our platform.

It was a really popular issue, as we saw in many provinces across the country, including Alberta, where I am from.

[Lori Idlout, NDP, Nunavut, NU]

Qujannamiik, Uqaqtittiji.

As I mentioned earlier today, another example of the lack of health services has to do with three communities in Nunavut: Igloolik, Gjoa Haven and Sanikiluaq. Each of those communities has a population of over 1,000 people.

The services I have been talking about and the paid sick leave are all very important. I am trying to hear how difficult it might be for paid sick leave days. My question is very similar to what the other member just asked about paid sick leave.

Does the member agree that it is time for 10 days of paid sick leave for our workers?

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Madam Speaker, the member has raised a very important question in regard to this bill. It is a question that we really need to take to committee to be able to study further and to see some of those answers.

We have not been able to have members from the other side of the House give us any clarification as to whether this piece would actually apply to contractors or other federally mandated and regulated employers. That is important—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Resuming debate, the hon. member for Langley—Aldergrove.

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Madam Speaker, I am here to talk about the government's proposal to amend the Criminal Code to criminalize certain behaviour, which I believe most Canadians thought was already against the law.

Before speaking to Bill C-3, I would like to take this opportunity to thank the fine people of Langley—Aldergrove for endorsing me for a second term. It is a great honour to be re-elected. I have promised my constituents that I will be a clear voice for them in this Parliament.

I want to thank my wife, Inga, and my extended family for their ongoing support. I also want to thank the many volunteers who helped me throughout the campaign and made my success a reality. Politics is a team sport.

Moving onto Bill C-3, an act to amend the Criminal Code and the Canada Labour Code, I am going to focus on the Criminal Code aspect of the bill, which would make harassing health care workers illegal if the intent is to prevent them from doing the work of serving the public.

As I said, many people think that this is already against the law. There are provisions in the Criminal Code that the police and prosecutors could rely on to prevent this type of anti-social behaviour. One thing we have learned through the pandemic is that we must value our health care workers as they are essential to the full and proper functioning of our society and our communities. We owe them a debt of gratitude.

Everybody in this House knows a health care worker, is related to somebody who is a frontline health care worker, or is a neighbour to one. I have two family members, a daughter and daughter-in-law, who are. One is a care aid in a seniors home and the other is a nurse in a hospital. Every day they go to work, and they are eager and happy to serve their patients to the best of their abilities.

Sometimes they are in very stressful situations, such as situations of understaffing or having to be moved from one ward to another on very short notice. Sometimes they have to work extended shifts due to a shortage of health care workers. Sometimes they have to work in the COVID ward. I think not only of the health care workers, but also of the family members, who share the risks, stresses and strains of health care work.

This law is a step in the right direction. It is a gesture in support of our health care workers. A more constructive and substantive way to support our health care workers would be by hiring more nurses. The shortage of nurses is a long-term problem that we knew about long before the COVID pandemic, but it has been exacerbated by that.

I met with members of the Canadian Federation of Nurses Union. I have a quote here from a publication they shared with me. It states, “Many risk factors for burnout have been exacerbated during the pandemic, including increased patient acuity, understaffing...increased overtime...reassignment to unfamiliar roles”. It goes on to say, “Prior to the COVID-19 pandemic, severe burnout was typically found in 20%-40% of healthcare workers.” In the spring of 2020, at the commencement of the pandemic, that percentage increased to between 30% and 40%, and by the spring of 2021, it was more like 60%.

The publication goes on to say that job vacancies for registered nurses had the largest increase of all occupations over a two-year period. This is what is happening to our health care workers. There is a shortage of them and that shortage is increasing stresses and strains. The best thing that we could do for our health care workers would be to hire more health care workers.

I asked the people with whom I met with whether there is a shortage of people who want to be in the nursing industry, and I was told absolutely not. There are many applications to universities and to nursing schools across the country, but not enough seats in these nursing schools. I am thinking of Trinity Western University in my riding. The nursing school has a very good reputation across the country and around the world, and it would love to open up more chairs. That is what we need to do. We need to increase the supply of nurses.

Let us go back to Bill C-3. I am happy to listen to the debate. There seems to be a consensus developing that we are all in support of this bill. I am happy to hear that we want to support our health care workers, but I am hoping there is also a consensus forming around the right of protest.

Long-standing democratic rights in our society include the rights to freedom of expression, freedom of assembly and freedom to protest; however, they need to be done in a balanced way. No rights under the Charter of Rights and Freedoms are absolute. They are always subject to such reasonable limitations as defined in law and as are demonstrably justifiable in a free and democratic society. The question for the committee would be to determine whether we have found that right balance in Bill C-3. It is an open question.

The effective paragraph in the bill states:

No person is guilty of an offence under [the relevant] subsection...by reason only that they attend at or near, or approach, a place referred to in that subsection for the purpose...of obtaining or communicating information.

We are allowed to have information pickets. I agree with that. I think everyone in the House is going to agree with that, but the right of protest does not extend to interfering with the proper functioning of society.

I am going to pivot to something that was in the Conservative platform in the last election. Reference has been made to it by several of the previous Conservative speakers. We are proposing to introduce a critical infrastructure protection act that would prevent protesters from interfering with infrastructure projects, whether they are hospital construction, transit construction or pipeline construction. Yes, we have a right of protest. No, we do not have a right to interfere with legal projects that Canadians have determined are essential for our society. I am very pleased that we are introducing Bill C-3 because not only would it protect health care workers, it would also set a good precedent for us going forward.

I look forward to an opportunity, at some point, to introduce something like what the Conservatives were proposing: a critical infrastructure protection act. The work that the committee would do, and that Parliament is doing right now around Bill C-3, is going to be precedent-setting for legislation going forward that would regulate how protesting is to be done. Peaceful protesting is allowed, but getting in the way of society's functioning is not.