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

[Doug Shipley, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Mr. Speaker, hindsight is 20/20 on a lot of issues. We can look back and say we failed on many things, but as long as we are trying to do our best, that is very important.

Speaking of the opioid pandemic, Barrie—Springwater—Oro-Medonte has been devastated by this. Right now, the City of Barrie is looking at opening up a supervised consumption site. I will take all information into account regarding that and try to make a proper decision, while keeping good words like the ones my fellow colleague mentioned today. I always try to get all the information I can together for making valid, true and honest decisions, and I will go forward that way. That is the way I have always tried to conduct myself, and I will continue to do that going forward.

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

Mr. Speaker, it is good to be able to enter into debate on this important subject today.

I have heard from a number of colleagues and a number of parties, who have raised concerns that this bill addresses two very different issues. Although both are very important to discuss and debate in this place, the fact is that they are quite different. One is related to protecting health care workers from being restricted from entering hospitals and whatnot, and then the other is regarding paid sick leave.

I am wondering if my colleague has any comments about whether these two distinct issues should be debated separately and if there is value in that to ensure it has the fulsome discussion required to make good policy that comes from this place.

[Doug Shipley, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Mr. Speaker, we sometimes have to deal with what we have been given, and they are together in this one so we will do our best to come together and deal with them. Hopefully, if and when they go to committee, they will be able to be dealt with properly.

We do have to look at what we have been given, and I concentrated more on the health care portion today. I am looking forward to getting that implemented. Knowing there is such a large health institution in my area that was given a very rough ride in the summer with protests, I am looking forward to seeing that get passed as soon as possible.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, I am glad to be speaking here in Ottawa from the unceded territory of the Algonquin Anishinabe people. My riding of Parkdale—High Park, which I am proud to represent in this chamber, rests on the traditional territory of the Haudenosaunee, the Wendat, the Métis, and most recently, the Mississaugas of the Credit. Toronto is now home to many first nations, Inuit and Métis people.

These past 22 months, it goes without saying, have been defined by the global COVID-19 pandemic. These past 22 months have also been defined by exemplary work on the part of health care professionals working extremely hard to keep all of us safe. The first thing I want to say in addressing Bill C-3 is a very heartfelt and sincere thanks to all health care professionals who have been doing so much for all of us in our time of need.

I am speaking of doctors. I am speaking of nurses. I am speaking of auxiliary health staff. I am speaking of researchers who have brought us vaccines. I am speaking of the people in my riding of Parkdale—High Park at St. Joseph's hospital, at the Parkdale Queen West Community Health Centre, at Four Villages and at Runnymede rehab. I am speaking of all of the countless nurses, practitioners, doctors and other health care professionals who call my riding home.

I am also speaking very personally about my wife and her team at the Public Health Agency of Canada. I have spoken about Suchita before. She has the distinct duty, during this pandemic, of being in charge of quarantine and border health controls for the Public Health Agency in all of Ontario and for the north. It is a critical job at the simplest of times, but during a pandemic it is a pivotal job for what we do and keeping all of us safe. I thank Suchita for what she has been doing consistently for the past 22 months.

All of these people deserve our appreciation, our gratitude and our respect, yet things have unfortunately been inverted in these last several months. Those who should have been receiving praise are receiving scorn. Those who should be empowered to keep us safe are being actively prevented from entering hospitals and clinics. They are sometimes being threatened, harassed or even assaulted.

It extends beyond just those who provide health care. It also applies to those who are seeking health care. Patients are being intimidated and prevented from entering some of these health care facilities. The impact is severe. Health care professionals feel they have gone from heroes to villains, and it is indeed demoralizing.

I will be sharing my time with the member for Sackville—Preston—Chezzetcook. We can tell it is a new Parliament because I am off my game.

I was talking about the impact. The impact is that health care professionals feel they have gone from being heroes to villains, and it is demoralizing. It is also an impact that has been borne by Canadians who are seeking to do the right thing in following public health guidelines, in accessing care to keep themselves and our communities safe. They are at the same time being vilified for daring to follow those public health imperatives.

How has it come to this? How have we gotten to this state of affairs in Canada in December 2021? There are those who have embraced the science behind COVID, the public health measures that are needed to help keep all of us safe, and the utility of vaccines in the fight against this virus. There are those who have not and those who challenge the utility of vaccines, science, scientists and all of the health care professionals who support these endeavours.

Let me be clear about one thing that is pivotal in this chamber of all places: the democratic right to disagree and to dissent. That is what freedom of assembly, freedom of association and freedom of expression mean as protected under section 2 of the Canadian Charter of Rights and Freedoms, which I had the privilege of defending for 15 years while I was a practising lawyer. That is the hallmark of any democracy, let alone this democracy.

There are and always have been limits to such expressive rights. There is an old legal adage that says a person has the right to swing their arm, but that right ends at my nose. The notion that it conjures up is that one's expressive rights end when they can cause harm to another individual. It encapsulates the idea that threats, harassment and physical assault have always been against the law and remain against the law in this country.

Through this important piece of legislation, Bill C-3, we are proposing to enhance these very protections, particularly in the case of health care workers and those who seek access to health care. With Bill C-3, we are proposing to take decisive action by amending the Criminal Code as well as the Labour Code. I am speaking today of the Criminal Code amendments.

The amendments to the Criminal Code would ensure significant consequences for those who use fear to prevent health care professionals from doing their jobs and for those who prevent patients from receiving such care. Bill C-3 would create a new, specific offence for intimidation of health care workers and those who seek health care, as well as an offence that would prohibit someone from obstructing a person from accessing health care facilities.

Individuals who intend to use fear to stop health care workers from performing their duties, or to prevent people from accessing health services, could be charged with this proposed new offence.

In the Criminal Code, aggravating factors are considered for sentencing. An aggravating factor would be added to require courts to consider more serious penalties for any offender who targets health care workers engaged in their duties or who impedes others from accessing health services.

A new sentencing provision would also be created that requires courts to consider more serious penalties. There would be up to a 10-year maximum, compared with the current five-year maximum in the Criminal Code, for offenders who target health care workers engaged in their duties or who impede people from obtaining health care services.

In precise terms, that is what Bill C-3 would capture. For those who are still skeptical, let me be crystal clear about what Bill C-3 would not capture. It would not capture peaceful demonstrations, or the right of health care professionals to protest to improve their own working conditions. Instead, it would protect such people from the unfortunate violence they are currently facing and would help to ensure safer workplaces than they have right now.

The freedom of Canadians to voice their concerns and protest in a safe and peaceful manner is critical, as is obviously the ability of health care workers to take labour action and organize themselves. That would be respected by these proposed changes in the criminal law, because a communication defence is being entrenched in Bill C-3. That would help ensure that there is a balance, as there has always been due to how the charter was designed in 1982. There would be a balance between the protections we need and the protection of the expressive rights of Canadian citizens, including the health care workers and those who would peacefully protest against them. That balance is the legislative change we need to see in this country, because what we are seeing unfortunately is an escalation of hate. Let us call it what it is. It is hatred directed toward these workers and those who would access their services.

The right to protest and to dissent is one thing, and as I have outlined it is critical. However, obstructing patients and health care personnel and trying to strike fear into their hearts and minds is something that cannot and should not be tolerated in this country in 2021. We have seen people getting in the faces of vulnerable patients who are trying to access care, yelling and spitting at them, or following health care professionals to their cars and vandalizing their vehicles. We have seen health care professionals targeted by death threats: those same health care professionals who are always working not only to keep us safe, but to keep us alive in this pandemic. These death threats, whether made in person or through social media campaigns, are designed to intimidate and frighten those people. It is an unacceptable state of affairs.

What I would inject in these final two minutes is that we are not just talking about COVID. When we talk about the health care apparatus, we have to think about all the health care services that are provided and not just those that address the pandemic. The impacts extend to all those who seek other medical treatments at hospitals and clinics across this country: those who rely on nurses, physicians and surgeons to perform things such as transplants, hip surgeries and knee replacements. The list goes on. Right now, those Canadians are being victimized by the type of escalating hatred we are witnessing around the country, because these surgeries are being delayed or cancelled outright because of the chaos being unleashed at health care facilities around the country. The result is that Canadians awaiting such surgeries are forced to wait that much longer, prolonging their pain and suffering. It is an untenable situation.

Health care workers have taken the Hippocratic oath. I am sure that 22 months ago, they thought they understood the contours of that oath to serve other people, to care for them and provide them assistance. That has been turned on its head over these past 22 months with COVID. I want to underscore this, and we have heard it from other speakers in this chamber: At this time in particular, these people deserve our gratitude, appreciation and respect. If I see somebody wearing scrubs in my riding, I have made it my personal mission to point them out, to stop them and ask them where they work and to thank them for what they are doing, because these people are always brave in the face of adversity. They are always selfless and devote extended hours to their craft. Now they need our support more than ever. That is what Bill C-3 would achieve, which is why I hope all members of the House can get behind this important bill.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, thank you for giving me my first opportunity to speak in the House since the election.

I would like to take this opportunity to also thank the health care workers who serve us all the time, and especially during this difficult time with COVID.

The hon. member said that Bill C-3 would provide a balance between the rights of people and the protection of health care workers, the facilities and so forth. Where does he see the bill strike that balance? Could the hon. member advise us on that?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, I welcome my friend opposite back to the House and congratulate him on his re-election.

The balance is both in the legislation and in the Constitution. That is the twofold answer. The legislation entrenches a defence of communication, and communication for the sole purpose of expressing dissent in a peaceful format is entirely protected within the contours of this bill. It is also subject to what is called the “saving clause” in the charter. The charter has section 2 expressive rights that are protected, and the saving clause in section 1 allows for reasonable limits on such expression. That is the balance carved in the Constitution as it has been interpreted by the jurisprudence of our Supreme Court.

[Denis Trudel, Bloc, Longueuil—Saint-Hubert, QC]

Mr. Speaker, obviously no one is against apple pie. We are legislating this morning to put an end to the intimidation and harassment being faced by health care workers outside of hospitals. I think everyone agrees on the principle.

However, I am wondering why the government chose to talk about this this morning. We are in the midst of a global pandemic. Quebec's health care system, like those of the other provinces, has been gutted. There is not enough funding. We have been talking about the underfunding of the health care system for a long time.

The Bloc Québécois thinks it is time to reinvest massively in health to take care of people. Health care workers are leaving the health care system in droves because they are overworked. If we really want to take care of Quebec's health care workers, is it not time to do what the Bloc Québécois has been calling for and reinvest massively in health care?

The federal government is currently only paying 22% of costs. Should that not be raised to 35% to take care of health care workers?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, I appreciate the question from my colleague opposite, and I congratulate him on being re-elected.

I would say it makes perfect sense to talk about this bill now. Earlier this fall, during the election campaign, we promised to start working on some of our priorities right away. One of those priorities was making sure we provide better protection to Canada's health care workers. We are keeping a promise we made.

I think my colleague's suggestion about health care system funding is a good one worth examining.

We support health care workers. We are always listening to them so we can help them and meet their needs.

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

Mr. Speaker, throughout the health crisis we heard from health professionals who said two really critical things. The first was that people should get vaccinated. The second was that governments should bring in paid sick days, so that people were not making the difficult choice of not paying their bills or going to work sick and spreading sickness to their colleagues. As a result of this, people actually died.

I think about the parallel health crisis that is taking place: the overdose crisis due to fentanyl poisoning. Medical health professionals have made it very clear that the first steps are decriminalization and safe supply.

Would my colleague support moving forward with his own Health Canada expert task force on substance use and support decriminalization, or is the government going to wait for more people to die? The government needs to take action. It needs to listen to the health professionals giving it guidance on policy, and it needs to take action on the steps that are recommended.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, in terms of paid sick days, obviously we legislate in areas of our jurisdiction.

Many of the responsibilities the member has identified relate to the provincial level of jurisdiction. What we are doing for the federally regulated sector is offering 10 paid sick days, as promised. We are committing to that promise.

With respect to opioids, our perspective has always been with respect to safe supply, safe injection sites and meeting people where they are with a harm reduction model. That is the policy I will continue to advocate for.

[Darrell Samson, Liberal, Parliamentary Secretary to the Minister of Veterans Affairs and Associate Minister of National Defence]

Mr. Speaker, congratulations on your new role in the 44th Parliament. I know it will be an unforgettable experience. I wish you four good years of service, assuming that is how it plays out.

I am very happy to speak to this bill. I feel it is a very important bill about peace, order and good government.

I am very pleased with the comments and questions by the opposition, as it is clear that all members of the House are looking at the bill as being an extremely important bill to move forward. We will be making amendments to the Criminal Code to protect health care workers and those who are accessing their services. I will speak at length about that as well. The second piece is the change to sick leave with the Canada Labour Code amendments, which would allow us to implement sick leave.

However, before I go into the bill in depth, I want to share with the House some comments about the pandemic. As my colleague said earlier, 22 months of a global pandemic have been challenging on every country in the world and have been challenging on every Canadian. It has been difficult not just for those who have had bad luck, but also for all of the families, friends and colleagues around them.

When I think back, I remember my dad telling me many years ago about the Spanish flu that hit Canada and the world between 1918 and 1921. That was a really big challenge. What has come out of all the pandemics we will talk about is, of course, the heroes: the health care workers, the individuals who have done their part and more to support Canadians and their neighbours, families and friends. This was crucial, and I want to talk about it a bit.

I remember my dad telling me that in our community, if someone was exposed to the Spanish flu, they could die within days. However, there were people in the community putting their life and their families' lives at risk to try to help their neighbours and friends. That by itself is just unbelievable. I cannot say enough about those individuals and the health care workers.

I also want to talk about polio between the twenties and the fifties. Most Canadians would have heard about polio as well. This was a global pandemic. We have seen and heard all kinds of stories on it, but I have a personal one to share, because as my mom would tell me often, my grandfather was a doctor and some felt he should have been able to do more. I am sure he wanted to do more, and that is one of the challenges.

My mom's brother, whose name was Leo Patrick, contracted polio, and contamination exposure could lead to death. Two people eating from the same spoon was noted as a possible transmission process. I remember my mom telling me that when she would feed her little brother, once in a while, because he did not want to eat since he was not feeling well, she would have a bite to show him how to do it. Then he would laugh and take a bite as well. I lost my uncle, whom I have never seen of course, but I remember the story from my mom like it was yesterday. She said for some reason she never got polio even though she had done things like sharing a spoon.

I guess the family always tries to keep life going to some extent, so one of my brothers is named Leo Patrick. They wanted to continue it, I believe, and he is a very special person as well. There are heroes everywhere in our country and in the world.

I read an article on April 20, 2020, of a lady in Halifax, Gloria Stephens. She was a nurse in Halifax at the Victoria General Hospital. She talked about her experience as a nurse, a job she did for 46 years, if members can imagine. There were similarities between polio and the global pandemic, and she shared some of them. I was really touched by that. She would wear a mask, a gown and gloves, and she would work 12 hours a day and then remove all of that clothing. When polio took place, similar to the pandemic, in some pockets of the country schools and playgrounds were closed. It brings us back to those times and also reminds us of our health care workers and what they have been through.

In April, May, June, July, August and September 2020, people were scared to leave their homes. They did not know what they were risking. However, every day, doctors, nurses and frontline workers would leave their homes and do their jobs. That is special, and those are the individuals I want to thank personally. It is one thing for them to risk their lives, but it is another thing when it is at a job they are doing every day where exposure could lead to greater difficulties for themselves and their families. It is just unbelievable.

I think about the people protesting and stopping workers from going into hospitals to help others and offer services, and even the individuals wanting to access health care and being unable to do so. This is unacceptable, and the bill would allow us to move forward. Intimidating health care workers or individuals who are accessing care is unacceptable. Obstructing their access is unacceptable. This bill deals with that.

We have also increased the sentencing to up to 10 years rather than five years, which is extremely important. I know there are lots of questions around the Charter of Rights and Freedoms, but again, there are places to protest, and doing it to health care workers and to people accessing health care is absolutely unacceptable.

In closing, on the 10 days of sick leave, people are asking if there is a link. There is absolutely a link between both parts of the bill, which touches on the Criminal Code and on the Canada Labour Code. The Canada Labour Code is about sickness during the pandemic, going to work and the possibility of bringing the illness to co-workers and colleagues in a department. That is not what we want. We want people to stay home if they are sick. By moving forward on this, we would ensure that the safety of Canadians is our top priority.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I want to put on the record how strongly I support this bill and the Greens support this bill.

The hon. member spoke so movingly of the Spanish flu. I am named, actually, after my great-grandmother, who died in the Spanish flu epidemic. I am really concerned in the here and now with our nurses. I am concerned with health care professionals, and particularly the nursing profession, which is feeling beleaguered and unappreciated. We are losing nurses because we have not done a good enough job as a society to thank them and support them. This bill may be even more important for what it says to nurses across Canada about our respect and gratitude.

Does the hon. member have any thoughts on the current situation of nursing in Canada?

[Darrell Samson, Liberal, Sackville—Preston—Chezzetcook, NS]

Mr. Speaker, exactly as my colleague said, this would be, in my opinion, one quick way of showing nurses and frontline workers that the role they play is important. We need to do this as a government to keep them safe and keep all Canadians safe. This is another indication of how we appreciate our health care workers.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Mr. Speaker, the bill before us today is important because it will protect health care workers as well as patients. The scope of this bill extends well beyond vaccination. For example, it will also cover intimidation that takes place at family planning clinics.

Nevertheless, intimidation is still a crime regardless of a person's status or job.

Why the hurry to specify that this applies to health care services now, especially considering that it should apply to everyone, everywhere, period?

[Darrell Samson, Liberal, Sackville—Preston—Chezzetcook, NS]

Mr. Speaker, I thank my hon. colleague for her important question.

The bill we are introducing, Bill C‑3, is meant to protect all Canadians. Yes, it targets the health sector for the moment, but we are talking about a bill that will help all Canadians. We need to ensure that no Canadians are subjected to intimidation, and we need to be there to protect everyone.